Indian Well Country Store, Inc.

Review: Contracted [redacted] to do work at my residence. Employee started work but somehow ran into problem in running an electrical line. He worked on it 3 hrs, drilled 4 times to try to find a wall to run the line and drilled 4 times through my hardwood floor in my closet destroying the floor. Why he kept drilling is beyond me. He then said he was sorry and would only charge me for one hour for work done. I said I wanted my floor repaired before I paid him any money. He said he was sorry again and left. I contacted the office and was told it was in the contract that he could ruin my property with no recourse and I had better pay up or he would take me to court. Please let me know what I can do to get my floor fixed and not owe this company any money. Thank you. [redacted] J [redacted].

Desired Settlement: DesiredSettlementID: Replacement

Repair hardwood floor and not owe any money.

Business

Response:

Business Response /* (1000, 7, 2013/05/19) */

Contract signed by customer which stated the following directly below signature requested area:

"Disconnect and turn off all computers/TV/VCRs and all other electrical devices during any performance of electrical work . In some cases walls, ceilings & other areas will be opened during EMD's performance of working; damage sometimes occurs as a result from EMD's work, EMD shall to it best ability repair the damage (a fee may apply). Date work scheduled may be changed by EMD due to weather or availability of EMD. A late fee of $25.00 and interest at the rate of 1.5% per month shall accrue &/or $50 pickup fee shall apply to any late payments. Payments are due on install date unless otherwise noted. A return check fee per Statute shall apply to all checks dishonored for any reason. ALL discounts voided on any late or defaulted payment. In the event EMD engages a third party to collect any delinquent payment, customer will be responsible for all costs of collections, including but not limited to a reasonable attorney's fee. See www.elecmd.com for additional legal text and information."

NOTE:

damage sometimes occurs as a result from EMD's work

EMD shall to it's best ability repair the damage (a fee may apply).

Payments are due on install date unless otherwise noted.

This damage was more likely to occur because customer had items (possibly as guns) in the room where EMD was not allowed access to a closet. This is where the damage did occur. EMD asked for access to this area and was refused. Without this access the customer was warned verbally to the possible occurrence of drilling in the wrong place when measurements could not be taken in all directions. The customer was aware EMD was drilling into a dark closet from a basement with partial measurements. The customer was aware of the additional risk, the problems as they were occurring and the length of time the job was taking so far and yet still allowed EMD to continue to working. There was no reason to not pay for the work done. EMD would have (EMD shall to it best ability repair the damage (a fee may apply) repaired the floor with wood plugs and filler as it's contracts reads if EMD was paid for work time done and even offered a discount.(Payments are due on install date unless otherwise noted). The INSTALL DATE was 04/24/2013 and the customer asked EMD to leave as well as refusing to make any payment or accept EMD repair on the INSTALL DATE. The customer wants others to repair which is not a contract option and still should pay EMD for the work as contracted. The following information was on the paperwork:

GENERAL JOB DESCRIPTION: AT TIME & MATERIAL BILLING, GENERAL ELECTRICAL REPAIRS AS LISTED:

[redacted]Customer wants EMD to give him a "guess-timate" of the cost to do the following work and if affordable will have the work done today: Install 5 outlets in one apartment and 1 outlet in the other apartment[redacted]

On 04/18/13 EMD investigated job (NO CHARGE), as listed above, requested by customer to give customer an estimate of cost although work will be done at time & material billing meaning that customer will only be billed for actual time worked and material used will be billed at EMD cost plus 50%. This entire estimate is based on customer's information that house has balloon framing, if any blockages such as fire stops are encountered additional time and material costs will increase overall cost of job. The estimate of $860 is based on balloon framing and 8hrs. labor + $100 material and includes the following work:

(The work was agreed upon and invoiced (adobe is available upon request) with payments due each INSTALL DAY.)

On the INSTALL DATE which was 04/24/2013 EMD started work after the customer signed a printed detailed agreement contract.

EMD then worked 3 hours from 9:15 to 12:15 on the INSTALL DATE of 04/24/2013 at an agreed rate when the problem occurred.

EMD agreed and as written in detail on the signed contract wanted to immediately repair the damage and have the total bill just be for 1 hour's time with no materials for a total of $95. This would have been for all time spent both days.

Customer refused the EMD workman's offer which was approved by the EMD main office and asked EMD to leave without wanting a discount or repair except by others.

Customer then called the EMD main office that day and then another later day. The customer made the same statement to two (2) different EMD office workers on the different days. He repeated saying that he would not pay his bill and take EMD to court to have another company fix his floor.

The first time the customer was again offered the same repair & discount as from the original workman. The customer refused the offer again this 2nd time.

On the customer's second call to EMD's office worker at the main office and after the customer again for the THIRD (3rd) time refused the same repair & discount as offered from the original workman. EMD then stated to customer that he still owed the balance of $297.50 as due with the fees & costs which may be added to collect them and that EMD regretted the customer's disregard to the contract he signed and the 3 times EMD offered to correct the situation in a very very reasonable manner.

EMD then stated it will still be available to have one of it's workman repair the problem at the normal agreed upon rates, if the account was brought up to current on the payments. The customer refused this offer as well and hung up after saying he would take EMD to court to have another company fix his floor.