We were delayed on this project due to some health concerns that popped up suddenly with regard to myself.
I have been in touch with Mr. [redacted] regarding this situation, we have been able to pick up all the left over material that was in the garage.
We have been in...
communication with Mr. [redacted] with regard to refunding the deposit less the material cost that was installed already.We will be sending refund shortly.
Thank you.
[redacted] Halet
Initial Business Response /* (1000, 8, 2014/04/30) */
We contracted wit Mr [redacted] to construct an 800 sq ft storage building on his property at the [redacted], project total was $38,800.00 with Mr. [redacted] to be responsible for paying for and installing the concrete slab. We signed the...
contract 3/27/2013 received the deposit amount as per the signed contract. Over the course of the summer Mr. [redacted] had 3 times called to say that he had a " GUY" to put in the concrete slab for the building to sit on. the first time he called to give me the date so I could get it into my schedule, and I did, during that time I had turned down another project from a previous customer, I had to turn it down because we have and always will prioritize our customers first to commit with a deposit are in line first, told them that we were committed to build this building first. The completion date for the concrete work came and went, this can happen with weather delays and our schedule can have a little slippage due to things like this, this is normal. called Mr. [redacted] a week later his response was.. "well he never showed up" Nothing was done, no forms set no rebar on site... nothing.
I told him that I had passed up another project waiting for this one, he didn't seam to care. Months passed before he said he had found someone else to complete the concrete work, these guys never showed up either. Months passed and he called again to say that he has found someone, I then stated that I could have one of our concrete contractors come in and knock this out in approx. 2 weeks but he would have none of that. I then demanded a phone # for these new people so I could contact them directly and try to manage them to create a schedule. I did contact them but they were working down in south western Minnesota ( Worthington I think)pouring concrete for these hugh high tension power line poles. He stated he would send his people up one weekend to set forms and then come back the next weekend to pour the slab... O.K. so we had a schedule again.
That date came and went only to find out that Mr. [redacted] had fired them because "they didn't know what they were doing", during this time again I had turned down another project because Mr.[redacted]s project was a priority. I am losing overhead and profit during each of these delays, have to reset our schedule... again and we can't get these days back, 100%loss for our company.
So finally in late October with out warning Mr. [redacted] calls to say that the concrete was in and wanted me out the next day to start without any warning what so ever.. I wanted to see for myself so I went out to measure and make sure everything was correct, first thing I see is that there is now an overhead door opening for a door twice the size as was stated in the original contract, when I pointed this out I stated that we would have to re price the new door size... he stated that he would not pay any extra for this just because that's what he now wanted, he wanted an 11' tall door to fit within the 12' walls... I said that this was possible but now we would need to have a special order door with a low overhead door kit and now a commercial door opener to handle the weight of the new door and all that costs more, I guess I was just supposed to eat this extra cost just because. I stated that I would frame the door opening to his requested size and that he would have to take care of that on his own, I would credit the contracted door amount back.
The concrete was the right size
The contract clearly states that the next payment of $9,700.00 is due on the start date with the last payment of $ 9,700.00 upon completion. he stated that he didn't want to make the next payment because he had payed me enough already. I guess he decided to just disregard the signed contract and I had to just build it for the deposit amount ??
Well winter came early as we all know and were not able to start mostly due to weather delays sub 0 days followed by record snowfall and sub zero windchills for days at a time. Mr. [redacted] and I had been in touch several times throughout the winter, he had even stated a few times that you can't work in weather like what was happening.I ordered the roof trusses in December after 3 revisions by Mr. [redacted] and they were delivered to the site. I had contacted our roofing subcontractor about a start date but he wouldn't do the roofing because it was so cold that the shingles would break like potato chips if you try to nail them when it was so cold.... I spoke to Mr. [redacted] about this and stated that he would put the pallets of shingles into his heated shop to keep them flexible for installation, and to also maintain the warranty on the shingles by not installing them in adverse conditions. However the roofer wanted extra money to install the shingles because they would have to take them out of the heated shop and bring them up to the roof one bundle at a time instead of having them delivered to the rooftop, Mr. [redacted] would not pay any extra so we were stuck... again by his decision not do this.
So spring 2014 arrives and I remind Mr. [redacted] that the 2nd payment of$9,700.00 was due to start, he again stated that he had payed me enough already and that he would not pay any extra, so as a good will gesture I had the lumber yard put together the lumber order and I called Mr. [redacted] to state that we would have the material delivered 2 days later and we would start that same day of delivery as long as I received the contracted 2nd payment amount of$ 9,700.00, we were ready to go... he then stated that he did not want me to do the project and that I was not allowed on the property.
I suspect he had spent the 8+months shopping my estimate around and finally found someone to do it for less.
His claim that "I" delayed the project by 8 months is Laughable at best. I can't build on a foundation that doesn't exist, the foundation was his responsibility and his alone to put in, not ours, This is stated in the contract... right there at the bottom. His next claim that he couldn't start the concrete work because the lumber was not on site... WHAT... just shows that he was so far over his head in this project, but still would not allow our concrete subcontractors to install the slab to get the project going.
His statement that this project was over our heads as far as skill level is concerned, I guess the fact that we have been framing structures since 1981 has no bearing on this matter, I was framing 12, 14 & 18 unit 2 story town homes for [redacted] Homes for 6 years, have built dozens of actual pole barns ( Dairy Barns)so his statement that this may have been over my ability to preform is again laughable. A garage is the easiest structure to build, it is a box, in this case with no windows, just 1 service door and 1 overhead door... that's it.
He states that I would "never" return any phone calls is because he would call our office and if we didn't return the call immediately I was hiding from him, I instructed him to call my cell # or that I would return all calls in the evening.
To summarize, every project has a cost and we mark up the material to cover overhead, job supplies and misc job percentages. If he thought we were doing the job for labor only we would have never even entertained his request for an estimate to build his project. He does the same thing every day, he buys his shooting supplies and sells them for more than he paid to cover his labor and overhead costs while allowing for profit.
What my company lost while waiting 8+ months for Mr. [redacted] to complete what should have taken 2 weeks is way more than we are willing to concede.
The project & profit that were lost while waiting for the slab work, the margin and profit that were lost by having Mr. [redacted] not allow the project at the last second cost me thousands of dollars,
I have had 2 separate legal opinions regarding this simple contract and both agree that Mr. [redacted] is 100% in Breech of Contract, we followed the contract that we both agree too, that is what a contract does, it protects both parties, there was an offer and acceptance, so I can't charge more than the agreed upon amount unless we both agree,and Mr. [redacted] agreed to pay the amount stated by the terms in that contract.
Both parties who's projects we passed on while being delayed, waiting on Mr. [redacted] have agreed to testify if need be, on my behalf as to the lost projects, and lost revenue.
The lost profit on the labor hours for 6 carpenters is $ 3,000.00, lost profit and margin on project is$ 5,200.00 Lost profit on the 2 lost projects while delayed by Mr.[redacted] $ 7,800.00. If we deduct these mounts from the deposit that leaves a refund amount to Mr. [redacted] of $ 3,400.00
This is what we are willing to accept , we as a company have done nothing wrong, Mr. [redacted] has caused great hardship on our company and we feel that WE have been taken advantage of in this situation by doing nothing more than trying to follow the signed contract.
We were delayed on this project due to some health concerns that popped up suddenly with regard to myself.
I have been in touch with Mr. [redacted] regarding this situation, we have been able to pick up all the left over material that was in the garage.
We have been in...
communication with Mr. [redacted] with regard to refunding the deposit less the material cost that was installed already.We will be sending refund shortly.
Thank you.
[redacted] Halet
Initial Business Response /* (1000, 8, 2014/04/30) */
We contracted wit Mr [redacted] to construct an 800 sq ft storage building on his property at the [redacted], project total was $38,800.00 with Mr. [redacted] to be responsible for paying for and installing the concrete slab. We signed the...
contract 3/27/2013 received the deposit amount as per the signed contract. Over the course of the summer Mr. [redacted] had 3 times called to say that he had a " GUY" to put in the concrete slab for the building to sit on. the first time he called to give me the date so I could get it into my schedule, and I did, during that time I had turned down another project from a previous customer, I had to turn it down because we have and always will prioritize our customers first to commit with a deposit are in line first, told them that we were committed to build this building first. The completion date for the concrete work came and went, this can happen with weather delays and our schedule can have a little slippage due to things like this, this is normal. called Mr. [redacted] a week later his response was.. "well he never showed up" Nothing was done, no forms set no rebar on site... nothing.
I told him that I had passed up another project waiting for this one, he didn't seam to care. Months passed before he said he had found someone else to complete the concrete work, these guys never showed up either. Months passed and he called again to say that he has found someone, I then stated that I could have one of our concrete contractors come in and knock this out in approx. 2 weeks but he would have none of that. I then demanded a phone # for these new people so I could contact them directly and try to manage them to create a schedule. I did contact them but they were working down in south western Minnesota ( Worthington I think)pouring concrete for these hugh high tension power line poles. He stated he would send his people up one weekend to set forms and then come back the next weekend to pour the slab... O.K. so we had a schedule again.
That date came and went only to find out that Mr. [redacted] had fired them because "they didn't know what they were doing", during this time again I had turned down another project because Mr.[redacted]s project was a priority. I am losing overhead and profit during each of these delays, have to reset our schedule... again and we can't get these days back, 100%loss for our company.
So finally in late October with out warning Mr. [redacted] calls to say that the concrete was in and wanted me out the next day to start without any warning what so ever.. I wanted to see for myself so I went out to measure and make sure everything was correct, first thing I see is that there is now an overhead door opening for a door twice the size as was stated in the original contract, when I pointed this out I stated that we would have to re price the new door size... he stated that he would not pay any extra for this just because that's what he now wanted, he wanted an 11' tall door to fit within the 12' walls... I said that this was possible but now we would need to have a special order door with a low overhead door kit and now a commercial door opener to handle the weight of the new door and all that costs more, I guess I was just supposed to eat this extra cost just because. I stated that I would frame the door opening to his requested size and that he would have to take care of that on his own, I would credit the contracted door amount back.
The concrete was the right size
The contract clearly states that the next payment of $9,700.00 is due on the start date with the last payment of $ 9,700.00 upon completion. he stated that he didn't want to make the next payment because he had payed me enough already. I guess he decided to just disregard the signed contract and I had to just build it for the deposit amount ??
Well winter came early as we all know and were not able to start mostly due to weather delays sub 0 days followed by record snowfall and sub zero windchills for days at a time. Mr. [redacted] and I had been in touch several times throughout the winter, he had even stated a few times that you can't work in weather like what was happening.I ordered the roof trusses in December after 3 revisions by Mr. [redacted] and they were delivered to the site. I had contacted our roofing subcontractor about a start date but he wouldn't do the roofing because it was so cold that the shingles would break like potato chips if you try to nail them when it was so cold.... I spoke to Mr. [redacted] about this and stated that he would put the pallets of shingles into his heated shop to keep them flexible for installation, and to also maintain the warranty on the shingles by not installing them in adverse conditions. However the roofer wanted extra money to install the shingles because they would have to take them out of the heated shop and bring them up to the roof one bundle at a time instead of having them delivered to the rooftop, Mr. [redacted] would not pay any extra so we were stuck... again by his decision not do this.
So spring 2014 arrives and I remind Mr. [redacted] that the 2nd payment of$9,700.00 was due to start, he again stated that he had payed me enough already and that he would not pay any extra, so as a good will gesture I had the lumber yard put together the lumber order and I called Mr. [redacted] to state that we would have the material delivered 2 days later and we would start that same day of delivery as long as I received the contracted 2nd payment amount of$ 9,700.00, we were ready to go... he then stated that he did not want me to do the project and that I was not allowed on the property.
I suspect he had spent the 8+months shopping my estimate around and finally found someone to do it for less.
His claim that "I" delayed the project by 8 months is Laughable at best. I can't build on a foundation that doesn't exist, the foundation was his responsibility and his alone to put in, not ours, This is stated in the contract... right there at the bottom. His next claim that he couldn't start the concrete work because the lumber was not on site... WHAT... just shows that he was so far over his head in this project, but still would not allow our concrete subcontractors to install the slab to get the project going.
His statement that this project was over our heads as far as skill level is concerned, I guess the fact that we have been framing structures since 1981 has no bearing on this matter, I was framing 12, 14 & 18 unit 2 story town homes for [redacted] Homes for 6 years, have built dozens of actual pole barns ( Dairy Barns)so his statement that this may have been over my ability to preform is again laughable. A garage is the easiest structure to build, it is a box, in this case with no windows, just 1 service door and 1 overhead door... that's it.
He states that I would "never" return any phone calls is because he would call our office and if we didn't return the call immediately I was hiding from him, I instructed him to call my cell # or that I would return all calls in the evening.
To summarize, every project has a cost and we mark up the material to cover overhead, job supplies and misc job percentages. If he thought we were doing the job for labor only we would have never even entertained his request for an estimate to build his project. He does the same thing every day, he buys his shooting supplies and sells them for more than he paid to cover his labor and overhead costs while allowing for profit.
What my company lost while waiting 8+ months for Mr. [redacted] to complete what should have taken 2 weeks is way more than we are willing to concede.
The project & profit that were lost while waiting for the slab work, the margin and profit that were lost by having Mr. [redacted] not allow the project at the last second cost me thousands of dollars,
I have had 2 separate legal opinions regarding this simple contract and both agree that Mr. [redacted] is 100% in Breech of Contract, we followed the contract that we both agree too, that is what a contract does, it protects both parties, there was an offer and acceptance, so I can't charge more than the agreed upon amount unless we both agree,and Mr. [redacted] agreed to pay the amount stated by the terms in that contract.
Both parties who's projects we passed on while being delayed, waiting on Mr. [redacted] have agreed to testify if need be, on my behalf as to the lost projects, and lost revenue.
The lost profit on the labor hours for 6 carpenters is $ 3,000.00, lost profit and margin on project is$ 5,200.00 Lost profit on the 2 lost projects while delayed by Mr.[redacted] $ 7,800.00. If we deduct these mounts from the deposit that leaves a refund amount to Mr. [redacted] of $ 3,400.00
This is what we are willing to accept , we as a company have done nothing wrong, Mr. [redacted] has caused great hardship on our company and we feel that WE have been taken advantage of in this situation by doing nothing more than trying to follow the signed contract.