Independent Mechanical

[redacted], Let's start from the beginning. Bringing up "twice the time and material". As I recall, I went out of my way to register for the Smud financing program, attend a day long class, and drive out to your home at 7PM in the evening to attempt to sign you guys up for Smud financing. When I arrived, you were drunk, and repeatedly mentioned how you had foreclosed on the last home that you used Smud financing for, to obtain your hvac system. The first disqualification talked about a class I attended. This resulted in a complete waste of my time. Then months later I was contacted by Sharlene via text/email asking if I still wanted to install your hvac system. Of course I did, I already had so much time vested. She said great but this time I was rushed to start the job the upcoming Monday. This was a Thursday and I had to drive to her work and obtain a $1,000.00 down payment on Friday. The rush was to get me and my crew in there BEFORE the flooring guys came to the following week and BEFORE the roof was to be replaced. This left me scrambling to procure your equipment, custom build your sheet metal, and coordinate the project. Monday morning we were there and began construction. We cut in all the supply register openings the first day, and you came by the home every day after work to check on the progress. Never once saying anything about these locations interfering with your crown molding that YOU were going to install. Tuesday we again arrive to get started on the ductwork in the attic and were very surprised to find the flooring crew there sanding every square inch of the floors. We were unable to erect our ladders, left stranded in the attic until they were done with a section, left unable to walk on the floors while putty dried, etc, etc. I had a crew of men there just with little productivity. Then Wednesday we arrive and find the roofers there doing a tear off on the roof! The attic is now riddled with debris. Your equipment that we had mocked up in the attic was filthy and had to be cleaned up 4 consecutive times between the first encounter, and by the time it was ready to show you at completion on Friday. Again, never any mention was made to me about having to work amongst others or about how the original schedule had changed. Now let's address your multiple issues with my installation.
1st The registers too close to walls. Yes, 6" off the wall is a typical installation and an industry standard. All Supply Air registers get installed 6: off the wall. In your master bedroom a second supply air duct is not needed for such a small room. Out of courtesy to YOU, I called [redacted] and asked you if you still had plans on building an addition onto the master bedroom like we originally talked about. You said yes. So I added a duct run into this bedroom for future use. After construction all you would have to do is extend the duct and reposition the supply air register to your liking. At least the infrastructure would be existent. When we placed this additional supply can, the ceiling joist run from Dayton Street toward your backyard. A joist runs right along the front side of that can and in fact is secured to that joist. If I would have moved it to the other side of that joist the hole would have been 9 1/2 inches further out into the room! This would have looked abnormal, and not aesthetically pleasing. We opted for the previous option of behind the joist getting as close to our 6" goal as possible. Again, this was done on day one of construction and you never mentioned it being a problem all week. In fact on Friday when the install was 95% complete and I had the system running and told you I needed a check for payment, we did a walk through showing you how to use the thermostat, adjusting airflow via damper position, all supply air and return air registers were installed you never mentioned anything being in the way of your "crown molding." In fact I never heard any complaints Friday, Saturday, or Sunday about it. It was the next Monday when you mentioned it. If you did not have foresight to know the return air register, or the supply air register was going to interfere with YOUR "crown molding" that is not of my concern. I do HVAC! Maybe you should have had chalk lines snapped on the ceiling and walls indicating areas where crown molding would be placed. There are many different sizes, types, dimensions of crown molding. It is not my job to go locate your type of crown molding and measure it and mock it up and plan my job to go locate your type of crown molding and measure it and mock it up and plan my job around your crown molding. This is absurd! The return air register was never going to be ran long way down the hall either. We had to frame in a large opening to double as a way to get the furnace into the attic. It is 21" wide x 28" deep. While cutting this opening the sheet rock crumbled apart from being so old, dry, and brittle. We had to repair a section there. Never was the return intended on going the other direction.
2nd the holes in the ceiling that were not patched near register". This is a simple fix and was overlooked by the man I hired to patch all the dry wall. I would have happily came back to fill those holes with some mud or a tube of paintable silicone. Five minutes is all this would take. I often do remove wall heaters form customer's homes, but patching the drywall is never my responsibility. Again out of courtesy to you I offered to split the cost of patching that hole with you. I purchased a complete sheet of sheet rock and used it all patching your wall heater hole, old A/C hole, tape and texture and never got reimbursed for the cost of paying for his labor which we agreed on via text. The picture of the attic access cover you sent took me by surprise! Surprised that you hadn't made one of those yet!? Last we talked when I was leaving with a partial payment, you stated "you had a whole sheet in the garage and you would take care of it". The material I was going to use make that cover you got consumed by your old through the wall A/C patch, which is paid for.
3rd There is a fence that was installed that was not part of the quote, and subsequently put up without our approval". You were not charged for the fence. You seemed to be hung up on the A/C being in BACKYARD and FRONTYARD. The issue was never backyard or frontyard specific. There is a note on the permit application about the A/C being screened by something so not visible from the street, ie.e. bush, etc. You said you wanted the condenser in the backyard corner of master bedroom. I already knew where the condenser was going. This is what I do fro 18 years. I always place the condenser on the "dead side of the yard". Every home has that side of the house where there is no gate access and not much is going on there. When I did the original walk through on Saturday morning when I first met you I already knew where the equipment was going. The electrical pane and the gas meter area on that side of the home so a clean installation was available through one sheet metal cover hiding all these penetrations. If I would have put in the location that you texted me, it would have been right outside your master bedroom window. I have moved hundreds of condensers around the corner to the dead side of the home away from the master bedrooms, patios, the places where people want to hang out and BBQ. Also if you have plans on building an addition in the future the refrigerant line set would have to be extended, refrigerant removed, electrical circuit extended and relocated, not to mention all the additional penetrations that would have to be cut into the home to make this happen. The whole idea of the fence was to create a "dead side of the yard". Your fence was even with the back of your home. We figured if the inspector wanted to see a fence we would put a section to provide the "screening" and that you could take down the pickets from the original fence, creating a dead side of the yard like all other homes have. Also, YES you did approve it on the day I was paid a paral payment. You said you had plans of extending the fence in between yours and your father in-laws home anyway. Funny how your memory lacks.
The final point I would like to make is this job is complete! Passed all the Title 24 testing. Passed the final inspection, and IN FACT, the inspector called me personally when he was leaving your home and praised me on how IMPRESSIVE the inspection was and how he especially liked the binder I provided. I asked him at this time about the fence ordeal and if I really needed to install that fence. He told me the note on the permit application is a Design Review Issue. If this had been new construction where plans had to go through Plan Check, a fence would fence not being there. He mentioned that at least it protects the home owner's investment. It is your fence [redacted]. Cut it down if you want.
Now, that I have wasted more time. 2 hours in fact. I am extremely busy man [redacted]. I don't have time to be texting you, e-mailing you, 50+ days after I have completed your job and you and are enjoying the comfort of your new system. I am a busy this time of year to earn living. You can keep the $615.00 of the final payment that you have been refusing to pay. At this point I feel that if I never receive another text message, or email from you again, then I got off cheap. Your one year warranty is null and void through Independent Mechanical. Enjoy your new comfort system. [redacted].

Funny, you even admits in your own email, that you totally disregarded what the CLIENT wanted when it came to the placement of the condenser "I already knew where I was going to put it". Then why did you bother to call me and ask?????  You do not know everything, sir....You apparently were oblivious and disregarded everything I told you...once the add on was complete, that would be a dead side yard.  I also offered to mark where the crown would be, and you INSISTED that your installation/equipment would not be a problem.... Yeah, it's funny how your memory lacks too [redacted]. There are several things you were wrong about and you will continue to have these same issues if you don't work on your customer relation skills, you are seriously lacking.
I accept your offer to forgive the $615, and also on the warranty. As I stated before, I no longer want Independent Mechanical on my property. If something happens with the unit, I will handle it with the manufacturer. 
Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Hi [redacted],
I see you received a response from Independent Mechanical, I noticed he mentioned that his calls are not answered, there is only one time he called and left a message, that I didn’t respond to, that I chose to respond via text. I learned early on when dealing with him, I better have as much as I can in writing, besides the fact he is very hotheaded and combative, and I don’t wish to speak to him….all it is, is confrontation. Has nothing to do with being a coward.  Also, he keeps missing the point that, while the system he installed is in perfect working condition, he is not taking into consideration final fit and finish, which is still part of the job.  A contractor can’t and should not be able to come into a client’s home and leave holes in sheetrock (also, one picture is of my attic access, which he also broke the cover and didn’t replace, I had to find something to put up there…when I shouldn’t have had to) and do unauthorized work (the fence). Below is the email I sent to the owner, Waylon. I invited him to come up with a solution, he refused by saying he will just file a lien, offering no compromise.
Also, I would like to be credited back for the service on the unit that he is supposed to do, per his contract.  I would rather call another company and pay for it out of pocket, as I no longer want him on my property.
                                        ...⇄ /> We apologize for the delay getting back to you regarding the final invoice, as we had to do our research. We are writing to inform you of our decision on the final bill for $615.00. We are withholding the final payment at this time for the following reasons. 
1st there are 2 items that were installed too close to the wall(less than the 6” you stated you always install registers etc… from the wall) causing installation issues with the crown molding I informed you we would be installing.
2nd there are various holes in the ceiling that were not patched near registers.
3rd there is a fence that was installed that was not part of the quote, and subsequently put up without our approval.
We are pleased with the unit, which works perfectly, but we are unhappy will the final fit and finish.
We invite you to offer solutions to these issues. 
We have found that we can make our crown work, but it requires twice the labor and materials.
Thank you for your time.
 
Thank you,
[redacted] and [redacted]

The job passed all Title 24 requirement testing and passed final inspection 6/27/2014 by inspector [redacted]. who personally called me and praised me on such an "impressive" inspection. $500 is the amount we agreed on withholding until final inspection was complete. An additional cost of $150 we agreed to...

split (which I never do) to patch the hole where I removed his old wall furnace.While dry wall guy was there he agreed to paying for him to patch another hole in sheet rock where an old thru-wall A/C had been (not touched by us) for an additional $40. $75+ $40=$115. He has never paid me! He never answers the phone. Only text and emails. Coward.I will be placing a mechanics lien on his property for non-payment.I also got him a $500 rebate from Smud!

Review: Contractor didn't install vents and equipment in proper places, as well as leaving holes in the ceiling that was not repaired, and refused when invited to make repairs or accommodations.Desired Settlement: I am with holding less that 5% of total payment, and he is wanting to put a mechanics lien on my property. I just want him to accept the $14,451 I have already paid (on a $15,066 total contract) as full payment...and go away! Please contact me for supporting documents. Not everything I can upload.

Business

Response:

The job passed all Title 24 requirement testing and passed final inspection 6/27/2014 by inspector [redacted]. who personally called me and praised me on such an "impressive" inspection. $500 is the amount we agreed on withholding until final inspection was complete. An additional cost of $150 we agreed to split (which I never do) to patch the hole where I removed his old wall furnace.While dry wall guy was there he agreed to paying for him to patch another hole in sheet rock where an old thru-wall A/C had been (not touched by us) for an additional $40. $75+ $40=$115. He has never paid me! He never answers the phone. Only text and emails. Coward.I will be placing a mechanics lien on his property for non-payment.I also got him a $500 rebate from Smud!

Business

Response:

[redacted], Let's start from the beginning. Bringing up "twice the time and material". As I recall, I went out of my way to register for the Smud financing program, attend a day long class, and drive out to your home at 7PM in the evening to attempt to sign you guys up for Smud financing. When I arrived, you were drunk, and repeatedly mentioned how you had foreclosed on the last home that you used Smud financing for, to obtain your hvac system. The first disqualification talked about a class I attended. This resulted in a complete waste of my time. Then months later I was contacted by Sharlene via text/email asking if I still wanted to install your hvac system. Of course I did, I already had so much time vested. She said great but this time I was rushed to start the job the upcoming Monday. This was a Thursday and I had to drive to her work and obtain a $1,000.00 down payment on Friday. The rush was to get me and my crew in there BEFORE the flooring guys came to the following week and BEFORE the roof was to be replaced. This left me scrambling to procure your equipment, custom build your sheet metal, and coordinate the project. Monday morning we were there and began construction. We cut in all the supply register openings the first day, and you came by the home every day after work to check on the progress. Never once saying anything about these locations interfering with your crown molding that YOU were going to install. Tuesday we again arrive to get started on the ductwork in the attic and were very surprised to find the flooring crew there sanding every square inch of the floors. We were unable to erect our ladders, left stranded in the attic until they were done with a section, left unable to walk on the floors while putty dried, etc, etc. I had a crew of men there just with little productivity. Then Wednesday we arrive and find the roofers there doing a tear off on the roof! The attic is now riddled with debris. Your equipment that we had mocked up in the attic was filthy and had to be cleaned up 4 consecutive times between the first encounter, and by the time it was ready to show you at completion on Friday. Again, never any mention was made to me about having to work amongst others or about how the original schedule had changed. Now let's address your multiple issues with my installation.

1st The registers too close to walls. Yes, 6" off the wall is a typical installation and an industry standard. All Supply Air registers get installed 6: off the wall. In your master bedroom a second supply air duct is not needed for such a small room. Out of courtesy to YOU, I called [redacted] and asked you if you still had plans on building an addition onto the master bedroom like we originally talked about. You said yes. So I added a duct run into this bedroom for future use. After construction all you would have to do is extend the duct and reposition the supply air register to your liking. At least the infrastructure would be existent. When we placed this additional supply can, the ceiling joist run from Dayton Street toward your backyard. A joist runs right along the front side of that can and in fact is secured to that joist. If I would have moved it to the other side of that joist the hole would have been 9 1/2 inches further out into the room! This would have looked abnormal, and not aesthetically pleasing. We opted for the previous option of behind the joist getting as close to our 6" goal as possible. Again, this was done on day one of construction and you never mentioned it being a problem all week. In fact on Friday when the install was 95% complete and I had the system running and told you I needed a check for payment, we did a walk through showing you how to use the thermostat, adjusting airflow via damper position, all supply air and return air registers were installed you never mentioned anything being in the way of your "crown molding." In fact I never heard any complaints Friday, Saturday, or Sunday about it. It was the next Monday when you mentioned it. If you did not have foresight to know the return air register, or the supply air register was going to interfere with YOUR "crown molding" that is not of my concern. I do HVAC! Maybe you should have had chalk lines snapped on the ceiling and walls indicating areas where crown molding would be placed. There are many different sizes, types, dimensions of crown molding. It is not my job to go locate your type of crown molding and measure it and mock it up and plan my job to go locate your type of crown molding and measure it and mock it up and plan my job around your crown molding. This is absurd! The return air register was never going to be ran long way down the hall either. We had to frame in a large opening to double as a way to get the furnace into the attic. It is 21" wide x 28" deep. While cutting this opening the sheet rock crumbled apart from being so old, dry, and brittle. We had to repair a section there. Never was the return intended on going the other direction.

2nd the holes in the ceiling that were not patched near register". This is a simple fix and was overlooked by the man I hired to patch all the dry wall. I would have happily came back to fill those holes with some mud or a tube of paintable silicone. Five minutes is all this would take. I often do remove wall heaters form customer's homes, but patching the drywall is never my responsibility. Again out of courtesy to you I offered to split the cost of patching that hole with you. I purchased a complete sheet of sheet rock and used it all patching your wall heater hole, old A/C hole, tape and texture and never got reimbursed for the cost of paying for his labor which we agreed on via text. The picture of the attic access cover you sent took me by surprise! Surprised that you hadn't made one of those yet!? Last we talked when I was leaving with a partial payment, you stated "you had a whole sheet in the garage and you would take care of it". The material I was going to use make that cover you got consumed by your old through the wall A/C patch, which is paid for.

3rd There is a fence that was installed that was not part of the quote, and subsequently put up without our approval". You were not charged for the fence. You seemed to be hung up on the A/C being in BACKYARD and FRONTYARD. The issue was never backyard or frontyard specific. There is a note on the permit application about the A/C being screened by something so not visible from the street, ie.e. bush, etc. You said you wanted the condenser in the backyard corner of master bedroom. I already knew where the condenser was going. This is what I do fro 18 years. I always place the condenser on the "dead side of the yard". Every home has that side of the house where there is no gate access and not much is going on there. When I did the original walk through on Saturday morning when I first met you I already knew where the equipment was going. The electrical pane and the gas meter area on that side of the home so a clean installation was available through one sheet metal cover hiding all these penetrations. If I would have put in the location that you texted me, it would have been right outside your master bedroom window. I have moved hundreds of condensers around the corner to the dead side of the home away from the master bedrooms, patios, the places where people want to hang out and BBQ. Also if you have plans on building an addition in the future the refrigerant line set would have to be extended, refrigerant removed, electrical circuit extended and relocated, not to mention all the additional penetrations that would have to be cut into the home to make this happen. The whole idea of the fence was to create a "dead side of the yard". Your fence was even with the back of your home. We figured if the inspector wanted to see a fence we would put a section to provide the "screening" and that you could take down the pickets from the original fence, creating a dead side of the yard like all other homes have. Also, YES you did approve it on the day I was paid a paral payment. You said you had plans of extending the fence in between yours and your father in-laws home anyway. Funny how your memory lacks.

The final point I would like to make is this job is complete! Passed all the Title 24 testing. Passed the final inspection, and IN FACT, the inspector called me personally when he was leaving your home and praised me on how IMPRESSIVE the inspection was and how he especially liked the binder I provided. I asked him at this time about the fence ordeal and if I really needed to install that fence. He told me the note on the permit application is a Design Review Issue. If this had been new construction where plans had to go through Plan Check, a fence would fence not being there. He mentioned that at least it protects the home owner's investment. It is your fence [redacted]. Cut it down if you want.

Now, that I have wasted more time. 2 hours in fact. I am extremely busy man [redacted]. I don't have time to be texting you, e-mailing you, 50+ days after I have completed your job and you and are enjoying the comfort of your new system. I am a busy this time of year to earn living. You can keep the $615.00 of the final payment that you have been refusing to pay. At this point I feel that if I never receive another text message, or email from you again, then I got off cheap. Your one year warranty is null and void through Independent Mechanical. Enjoy your new comfort system. [redacted].

Consumer

Response:

Hi [redacted],

I see you received a response from Independent Mechanical, I noticed he mentioned that his calls are not answered, there is only one time he called and left a message, that I didn’t respond to, that I chose to respond via text. I learned early on when dealing with him, I better have as much as I can in writing, besides the fact he is very hotheaded and combative, and I don’t wish to speak to him….all it is, is confrontation. Has nothing to do with being a coward. Also, he keeps missing the point that, while the system he installed is in perfect working condition, he is not taking into consideration final fit and finish, which is still part of the job. A contractor can’t and should not be able to come into a client’s home and leave holes in sheetrock (also, one picture is of my attic access, which he also broke the cover and didn’t replace, I had to find something to put up there…when I shouldn’t have had to) and do unauthorized work (the fence). Below is the email I sent to the owner, Waylon. I invited him to come up with a solution, he refused by saying he will just file a lien, offering no compromise.

Also, I would like to be credited back for the service on the unit that he is supposed to do, per his contract. I would rather call another company and pay for it out of pocket, as I no longer want him on my property.

We apologize for the delay getting back to you regarding the final invoice, as we had to do our research. We are writing to inform you of our decision on the final bill for $615.00. We are withholding the final payment at this time for the following reasons.

1st there are 2 items that were installed too close to the wall(less than the 6” you stated you always install registers etc… from the wall) causing installation issues with the crown molding I informed you we would be installing.

2nd there are various holes in the ceiling that were not patched near registers.

3rd there is a fence that was installed that was not part of the quote, and subsequently put up without our approval.

We are pleased with the unit, which works perfectly, but we are unhappy will the final fit and finish.

We invite you to offer solutions to these issues.

We have found that we can make our crown work, but it requires twice the labor and materials.

Thank you for your time.

Thank you,

[redacted] and [redacted]

Consumer

Response:

Funny, you even admits in your own email, that you totally disregarded what the CLIENT wanted when it came to the placement of the condenser "I already knew where I was going to put it". Then why did you bother to call me and ask????? You do not know everything, sir....You apparently were oblivious and disregarded everything I told you...once the add on was complete, that would be a dead side yard. I also offered to mark where the crown would be, and you INSISTED that your installation/equipment would not be a problem.... Yeah, it's funny how your memory lacks too [redacted]. There are several things you were wrong about and you will continue to have these same issues if you don't work on your customer relation skills, you are seriously lacking.

I accept your offer to forgive the $615, and also on the warranty. As I stated before, I no longer want Independent Mechanical on my property. If something happens with the unit, I will handle it with the manufacturer.

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.