Imagine Architectural Concrete

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The business did not provided me with a full unconditional lien release until I made multiple calls to them and the lien company along with the police.  They filed the notice on April 15, 2014 and they did not remove the lien notice  until April 22, 2014 more than 5 days after calls to them and more than 5 business days after placing the lien.  It is a lie to say they did it the next day. The owner of the company called me on April 22, 2014 and called me all kinds of names and threatened to not provide me with a full lien release.  In addition, the job was not complete.  They finished painting the patio on April 11, a Friday and I was told not to walk on it for a week.  I told them on Friday that some of the finish did not look right and the installer took a picture.  I planned on taking a closer look to inspect the final work the following week after I was sure the paint was dry and I wouldn't do damage.  I don't think I needed to pay them until I was able to inspect the work. They should have come out to my house , walked the job with me and taken note of any issues and then payment should have been made.  But that is not what happened.  They never called to address the picture I had the installer take, they only sent me an email to pay on Monday April 14, 2014 and then the next day on April l 15, filed  a notice of intent to place a lien.   On April 15 they had already been paid for 50% of the job almost 2 months prior certainly outside the 20 day requirement to file a notice for payment.  They were not being forthright.  I am very  upset to have the female owner of the business call my house and threaten to  not provide me with an unconditional release that would show they were paid in full unless I promised to never contact their business again.  Well I would never make that promise.  The job has a two year warranty.  If they are not willing to maintain that warranty as she said on the phone, and threatened to contact her attorney if I called them again,  then I want to know how my warranty will be enforced. As I said, the job never had a final inspection, they were supposed to come to see the work on Apil 25, this meeting was setup on April 16 before I knew they had filed a non payment lien.  They never came to see the job as scheduled  on April 25 and did not call.  They are responsible for providing a two year warranty on their work and they refuse and threaten me with legal action. This is outrageous.  

Regards,

[redacted]

Revdex.com,

Let me assure you that there was never any intent or effort to defraud or have Mrs. [redacted] pay more than the agreed upon contract price.  We did not file a lien on her property.  What was prepared was a Preliminary Notice.  These are routinely filed in our industry because,...

under the rules which govern our industry, they must be filed to protect our right to collect any outstanding balance which may be owed when a project has been completed.  Once we spoke to Mrs. [redacted] the preliminary notice was removed the following day.

Dear Revdex.com,

First, let me assure you that a lien was never filed against her property. What was prepared was a Preliminary Notice. These are routinely filed in our industry because, under the rules which govern our industry, they must be filed to protect our rights. Once we spoke to Mrs. [redacted] it was removed the next business day.  I have attached a copy of the Preliminary Notice and Unconditional Waver and Release for you to review. Due to threatening to call the police and harassment of our staff, we did have the [redacted] contact her on April 24th to help us do a final inspection.  They left her two messages but still to date have not received a call back.  Throughout the past 10 years our company has worked with more than 9,000 customers across the Valley and we have not had a similar situation occur before. We felt the [redacted] could help us with this situation.  I also tried to contact [redacted] on May 12, 2014 which I left a message with no return call.   Our company strives to do high quality work and always provides a 2 year warranty. Mrs. [redacted] can contact us with any warranty issues at [redacted].com.  We hope we can move forward and resolve this matter.

Sincerely,

Review: I hired this company to replace a concrete deck. The contract amount was $5,521.29. I was required to pay 50% at start of job and 50% and end of job. I Paid the first half in February 2014 prior to the start of the work and paid the final 50% on April 16, 2014. The job was completed on April 11, 2014 and the company sent me and email on April 14, 2014 requesting the final 50%. I paid the balance as requested on April 16, 2014- two days later. I have been away since April 17 and returned home today April 21, 2014 to find a notice of lien was field by this company for $5,521.129 on April 16, 2014. The same day they received the final 50% balance as agreed to in our contract. I have no idea why a two day delay between receipt of final bill and payment would prompt them to submit a lien and to top it off to do it for the full amount of the job when they had received 1/2 the payment as required in February. I can only assume this company is trying to steal my money and are running a fraudulent and illegal type business that attempts to get more money from customers once the job is complete. This is outrageous and this company should not have a license to do business .Desired Settlement: Notice from Imagine and [redacted] that this 21 day preliminary notice has been canceled and that nothing has been filed on my property- not even a pending or temporary mechanics lien. I want proof t hat there was no filing and no attempt at filing. Per any and all appropriate AZ revised statues .

Business

Response:

Revdex.com,

Let me assure you that there was never any intent or effort to defraud or have Mrs. [redacted] pay more than the agreed upon contract price. We did not file a lien on her property. What was prepared was a Preliminary Notice. These are routinely filed in our industry because, under the rules which govern our industry, they must be filed to protect our right to collect any outstanding balance which may be owed when a project has been completed. Once we spoke to Mrs. [redacted] the preliminary notice was removed the following day.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

The business did not provided me with a full unconditional lien release until I made multiple calls to them and the lien company along with the police. They filed the notice on April 15, 2014 and they did not remove the lien notice until April 22, 2014 more than 5 days after calls to them and more than 5 business days after placing the lien. It is a lie to say they did it the next day. The owner of the company called me on April 22, 2014 and called me all kinds of names and threatened to not provide me with a full lien release. In addition, the job was not complete. They finished painting the patio on April 11, a Friday and I was told not to walk on it for a week. I told them on Friday that some of the finish did not look right and the installer took a picture. I planned on taking a closer look to inspect the final work the following week after I was sure the paint was dry and I wouldn't do damage. I don't think I needed to pay them until I was able to inspect the work. They should have come out to my house , walked the job with me and taken note of any issues and then payment should have been made. But that is not what happened. They never called to address the picture I had the installer take, they only sent me an email to pay on Monday April 14, 2014 and then the next day on April l 15, filed a notice of intent to place a lien. On April 15 they had already been paid for 50% of the job almost 2 months prior certainly outside the 20 day requirement to file a notice for payment. They were not being forthright. I am very upset to have the female owner of the business call my house and threaten to not provide me with an unconditional release that would show they were paid in full unless I promised to never contact their business again. Well I would never make that promise. The job has a two year warranty. If they are not willing to maintain that warranty as she said on the phone, and threatened to contact her attorney if I called them again, then I want to know how my warranty will be enforced. As I said, the job never had a final inspection, they were supposed to come to see the work on Apil 25, this meeting was setup on April 16 before I knew they had filed a non payment lien. They never came to see the job as scheduled on April 25 and did not call. They are responsible for providing a two year warranty on their work and they refuse and threaten me with legal action. This is outrageous.

Regards,

Business

Response:

Dear Revdex.com,

First, let me assure you that a lien was never filed against her property. What was prepared was a Preliminary Notice. These are routinely filed in our industry because, under the rules which govern our industry, they must be filed to protect our rights. Once we spoke to Mrs. [redacted] it was removed the next business day. I have attached a copy of the Preliminary Notice and Unconditional Waver and Release for you to review. Due to threatening to call the police and harassment of our staff, we did have the [redacted] contact her on April 24th to help us do a final inspection. They left her two messages but still to date have not received a call back. Throughout the past 10 years our company has worked with more than 9,000 customers across the Valley and we have not had a similar situation occur before. We felt the [redacted] could help us with this situation. I also tried to contact [redacted] on May 12, 2014 which I left a message with no return call. Our company strives to do high quality work and always provides a 2 year warranty. Mrs. [redacted] can contact us with any warranty issues at [redacted].com. We hope we can move forward and resolve this matter.

Sincerely,

We had this company redo our patio and deck 2 1/2 yrs ago. We think future customers should know that the life of our deck has been only 2 years. We understand that this has a 2 year warranty. Just after the warranty period ended the deck started falling apart. Large chunks starting coming off walkways along with it falling into the pool and around the edges. Our previous deck lasted 25 years and had cracks but no disintegration. We called Imagine Architectural Concrete to ask how much it cost to fix and they said $1,900. It seems excessive that we should have to put this much more money into a 2 year old deck.