JNS Services, LLC

Attn: *** ***Revdex.comServing New Mexico and Southwest ColoradoJefferson St NE Ste AAlbuquerque, NM 87109July 20, 2018Dear ***,We've received the complaint from *** ***, Owner of *** *** *** Restaurant.? Unfortunately, nearly every statement in the complaint is
untrue.Our first contract specified work would take place from March - April 2018.? However, the Owners notified us the bank was talking a long time to approve the funds, and we mutually set the start date for April 1st.? They closed the restaurant April 1st and we rearranged our work schedule to start on April 1st.But we weren't allowed to st art until the third week of April.? The delay in the start date was due to the bank not releasing the funds until the third week of April.? (The contract and invoices were reviewed by Century Bank, and Century Bank was responsible for releasing the funds for the duration of the project.)We even offered to start without a deposit, but the Owners told us Century Bank would consider it a breach of contract to do any work before their loan was approved.? So due to the delay we revised the contract and specified that the project would run from the third week of April through the third week of June, which should have allowed us to work at least through Friday June 22.? However, during the project the Owners added several additional items, and we did not extend the timeline, hoping to still be able to finish in the time allotted or finish one of two items in off hours after they opened at the end of June.While we were working we had 24/access, and we needed it to get the work done.However, because of the bank's delay to our start date, the Owners wanted to open up June to start making some money.? That cut out more than a week of work with full access that was specified in the contract.But we wanted to try to accommodate our client, so we told them would try to do everything to make it work.? But that also meant we would have to completely revise our work schedule again and juggle the subcontractors' schedules.Because of their accelerated timeline, we arranged for the tile for the kitchen to arrive sooner than it was scheduled.? In fact, the Owners don't know that we paid an extra $1,in freight to fast track the delivery of the kitchen tile so our tile layers could lay the kitchen tile the weekend before their opening so that they could move their kitchen equipment back in to prepare for openingWe did not charge them the extra freight, even though it was due to their desire to open in the middle of June instead of the end of June.Our tile layers worked late into the night over the weekend of June 9-to finish the tile in the kitchen.Monday, June is when the rude behavior, foul language, and harassment from the Owner's wife began.? To that date, we all had experienced a great working relationship.First it was in a text message from *** to JNS owner Joe A*** with a picture of a Coke spilled on the floor with the caption "WTF", which of course stands for *** *** ***.? This was a sudden departure in tone from the working relationship we had had to dateWe didn't approve of the tile guys spilling a Coke and leaving it, and of course we would have addressed it right away.When Joe arrived at the jobsite that day, *** was rude concerning the spilled Coke, and Joe avoided the confrontation.? Later that afternoon, ***'s aunt (who had not been involved in the project, and who's name we still do not know), was extremely hostile to Joe, apparently on ***'s behalf.? ***'s aunt was trying to order JNS employees to do work that was not included and that was explicitly contrary to what Joe and *** had just discussed several days before.When Joe explained the work ***'s aunt was demanding was not part of what he had discussed with ***, *** and her aunt both started verbally assaulting Joe and calling him a jerk and an ***.After that encounter, JNS management internally discussed the possibility of terminating the contract at that time.? That behavior was some of the worst we'd encountered in nearly years of businessHowever, we decided to try to push on.After they opened, there were a couple days while we were waiting on subs or City inspectors and couldn't continue work.? We explained this to the Owners and we believe this is where the accusation comes from that we weren't showing up on "scheduled" work days.? And as noted above, the decision to open June completely upended the schedule.? They wanted to try to open full-time July 5, and we were trying to do everything we could to make that happen.During this time, we received emails and compliments from them for having to job mostly done and looking presentable to open early so they could start making money.But as we were trying to complete the job, ***'s demands starting interfering with our ability to do so.? At one point, Joe and his employees were checking on securing the new entrance one afternoon (the entrance was not yet completed) and several patrons had just arrived and were sitting in the barWe received an email later that our employees couldn't be "milling" about, even though they had just been in with Joe for a few minutes before leaving.Then suddenly, *** said we could no longer park by the dumpster, "***'s spot", where we had been told we could park during the entire project.? However, *** reassured Joe it was OK.But after the request not to park in "***'s spot" we still avoided parking there.? We pulled up on Friday, June in the afternoon and saw our employees' truck was parked near that spot by the dumpster, and we told them to move their truck right away.? Joe also walked in and mentioned it to ***, who said not to worry about it, but they moved it anyway.But that night Joe received another text from ***.? It was 9:at night, and she was blaming JNS for her car getting hit that night? in a different parking lot across the street? because our guys had been parked near "***'s spot"? earlier in the day.? She threatened to have us or our employees towed if we were parked anywhere near "***'s spot." We had noticed that afternoon when we told our employees to move that ***'s car was parked 3-feet further out than the other cars around her in the lot across the street.? After her accusation, we wondered if she hadn't parked in such a way purposefully because she was upset our truck was near ***'s spot and she couldn't fit her car there.At that time we decided to terminate the contractWe had bent over backwards to accommodate them outside of our contract, and *** in particular continued to restrict our ability to finish the work.? The harassment was also causing mental anguish, and we decided it reached a point that we could no longer tolerate.The Owners did not request that JNS reconsider finishing the job or issue an apology for the unprofessional conduct.? There has been little to no response from the Owners to JNS since ***s text the night of June 29.Additionally, we should note that the Owners met with and selected the HVAC contractor behind our backs while were still interviewing HVAC specialist, a specific violation of our contract.? Our contract specifies that JNS selects the subcontractors.? We had already interviewed Roadrunner and other HVAC contractors, and were surprised to receive an email and contract from Roadrunner addressed to the Owners and indicating they had met again without us and agreed to Roadrunner's contract.? Joe questioned *** about this at the time, but again we were trying to preserve the working relationship, so to please them Joe complied with their selected HVAC contractor even though in our years of experience we have always found it is problematic when a client wants to select the subs.All subcontractors have been paid for which we had drawn money from the bank, and the vast majority of the work was already completed.? The bank would confirm this, since the broker was visiting the jobsite and approving the draws.Regarding the new front entrance, the Owners had provided the actual door according to the contractFinishing the new front entrance was one of the last details we were working on when the relationship went south.Another complication on this project was that we had been working with the City on the Historic Board approval and permitting since February, and it had taken an excruciatingly long time.? In fact, we have set up appointments with City Councilors to talk about the unnecessary and extraordinary delays we've experienced with the City historic approval, permitting, and inspection process.? Even City staff agreed that it never should have taken so long for our approval.? I don't think the Owners realize the hoops everyone has to jump through in the City process.When we went to the City to remove our business from the permit, the employees asked why.? For what it's worth, they were shocked to read ***'s texts and agreed that the behavior was not acceptable.Finally, wee should note that we were loyal and enthusiastic patrons of the restaurant for years and we had done other work remodeling? the restaurant when ***'s father owned it t hat had resulted in increased business for them.We should also note that we did not have trouble working with ***, but it was ***'s behavior and demands that in the end turned out to be intolerable.We have all versions of the contracts, emails, text messages, and photos of all the work before, during, and after.? Again, the vast majority of the work was already completed, and we did not make the final draw from the bank to close our contract.? That final draw specifically included money for the HVAC subcontractor and the glass contractor, as well as the final work remaining that JNS had not yet completed.? All other payments to subs have been made by JNS.Sincerely,Joe A*** & Eilani G***JNS Services, LLC###-###-####