LOMAX Custom Glass & Windows (Prior Owner)

Customer’s Statement of the Problem:
We hired Lo[redacted] to restore the wood windows that are original to our 1911 home. We met with [redacted] (salesmen) and[redacted] in Oct. for a bid and signed a contract at that time. The project was to be completed by late Dec.-early Jan. Unfortunately, they...

cancelled the original pick-up date for our windows and the project did not start until late Nov.  
LO[redacted] Response: LO[redacted] did not cancel the original pick up date.  We were forced to reschedule due to weather. Then, we had to work around the customer’s schedule. The initial sash removal date was on a Friday but unfortunately the customer called and wanted to reschedule for the following Wednesday.  We scheduled for a Wednesday but the customer called again and said that Wednesday was a “no go.”  So we rescheduled two more times, at the customer’s request, delaying the initial start date of the job even further. 
In mid-Jan., Lo[redacted] asked for a partial payment. 
LO[redacted] Response: Our contract stated we would collect 30% after the windows were stripped and ready for the next step in the restoration process.  LO[redacted] sent many pictures, as promised.  The customer exhibited resistance in sending payment because they didn’t feel we had done enough work for them to send the 30% payment.  At this juncture we spoke with the customer, at length, about the progress on their sash, screens and the paint color.  He was invited to come to our facility at any time, including after hours or on a weekend.  The customer promised to send a check for 30%, pick his paint color, order the paint and have it shipped to us.  After several more very lengthy phone calls and going back and forth on the paint supplier’s website with the customer on the phone, he still hadn’t picked a paint color or sent a progress payment. Approximately another two weeks passed and we still had not received the paint or the payment, we just continued to receive more lengthy phone calls and promises to pay over the phone.
We asked for pictures and a description of the work completed and we would send a check in the mail. 
LO[redacted] Response: LO[redacted] sent the pictures and description as promised, but the customer did not send a payment.
We live in Denver and expressed concern about the pay-as-you-go payment plan since we would not be able to assess the work in person. [redacted] and [redacted] assured us they would send as many pictures as we needed and [redacted] said he would drive the windows to Denver if needed
LO[redacted] Response: We made good on our promise to send many pictures but never promised to ferry sash back and forth from Fort Collins to Denver for a simple visual approval. We use this practice with other customers and photographs have always proven to be sufficient. If not, LO[redacted] has and will schedule appointments so customers can visit our facility and check progress. They are also free to stop in anytime without notice to view progress on their windows.  This customer has never scheduled a single appointment and has made no effort to come in to review the work on their project. 
One-week later we received an email stating our contract was cancelled and demanding payment for one third of the project total before releasing our windows back to us.  
LO[redacted] Response: After many lengthy phone calls and emails over the course of at least two weeks, and the continued resistance on behalf of the customer to send payment on the work LO[redacted] had completed, LO[redacted] determined that it was no longer in our best interest to continue with the project until payment was made or new payment terms could be arranged.  The customer was not interested in new payment terms. 
We have sent numerous emails trying to resolve this situation stating we are willing to pay for the work done and are only requesting the pictures and description of work as promised.  
LO[redacted] Response: It appears that the customer is attempting to state that pictures were never sent; however, detailed pictures were sent to the customer more than once along with the completed work description and payment request.  I will add that there were several promises made by the customer to make payment and no payment has been received. 
Lo[redacted] has been unreasonable in resolving this situation and stated they would only continue working on our windows if we pay 80% of the total payment.  
LO[redacted] Response: LO[redacted] has been very reasonable in attempting to resolve this issue with the customer and has bent over backwards in attempting to resolve this in a fair and reasonable manner, only to receive many lengthy emails, exasperating phone calls and false promises to pay.  For good reason, LO[redacted] has completely lost faith in this customer.  LO[redacted] was more than willing to release the sash in question with only payment for the work we have completed. At this point, however, LO[redacted] believed that no matter what we did, this customer would not pay. As a safeguard, LO[redacted] offered to continue with and complete the job but to alter the contract so that 80% payment would be made before we arrived at the jobsite for final installation.
We felt this was uncustomary and are not comfortable paying that much upfront given the circumstances.  
LO[redacted] Response: LO[redacted] agrees that this request is uncustomary, but the behavior of this customer is uncustomary and has caused LO[redacted] to lose faith in their promise to pay. We have already lost a significant amount of money and time and have decided to use wisdom in this situation in order to not lose any more money. Requesting 80% at least covers the parts, material and labor costs. Keep in mind, that we have invested a significant amount of man hours in this project already and have yet to receive any form of payment.
Lo[redacted] also informed us that one of our windows "fell apart" and they did not "keep" any of our original glass.  
LO[redacted] Response: This is true.  These windows are made of wood and are about 100 years old.  They have been repaired, rotted, painted, stripped, stained, painted, stripped, repaired and painted again and again over the past 100 YEARS. All of the past repairs and rotten wood is often hidden under many coats of paint and putty and during the restoration process these old repairs are revealed and sometimes, as is the case with this particular sash, the sash parts are completely rotten and just held together by the putty and top coats of paint.  We did offer to repair this sash with vintage parts at a reasonable extra cost.
 As far as keeping the original glass, the customer opted to have insulated glass units with hard coat low-e glass installed instead of keeping the original glass so LO[redacted] did not salvage the original glass.  At the time he opted for insulated replacement units he was informed that the old glass would NOT be saved.  At his direction we proceeded with altering the sash to accept insulated glass units installed with wood stops. 
In Oct. we told [redacted] and [redacted] how important the original glass was to us since it is valuable and many historic home owners want the original glass. The cost of rebuilding the window and replacing the glass is greater than the payment they are requesting. We feel it was extremely unfair to abruptly cancel the contract but at this point we just want our windows back.  
LO[redacted] Response: This contract certainly was NOT cancelled abruptly and there were many lengthy, (and I stress LENGTHY) phone calls and emails exchanged long before LO[redacted] even considered cancelling this job.  Furthermore, the cost of rebuilding the sash is definitely not more than the payment LO[redacted] requests and this customer knew up front that when he changed his mind and decided to go with insulated glass units that the old glass would not be salvaged.
Lo[redacted] is refusing to release our windows until we pay them. 
LO[redacted] Response: That is correct.  The people that performed the work on this project don’t work for free and they are highly skilled craftsmen with years of experience and education.  This customer apparently thinks that they can order work done and then change their mind when it comes time to pay for that work and then demand the return of the restored items without compensating the people who did the work.  LO[redacted] has simply requested payment for the work performed.  Not a single penny has been sent to LO[redacted] through this entire process, even though this customer has made a contractual promise, and several verbal promises to pay.  We have performed and done exactly what we promised to do.  LO[redacted] has many man hours invested in this project and this investment has been 100% on our shoulders.  We still have the sash.  We will not release them until we are paid for our work and we will repair the rotted sash for a reasonable price.
 We have now been without windows in our home for 4 months.  
LO[redacted] Response: This is not true.  When we removed the sash we made sure that storm windows were installed.  So, even though the customer is trying to make it sound like they’ve been living in this house for four months without windows, that is simply not the case.  This job would have went to the letter of the contract if the customer had lived up to his end of the bargain.  All LO[redacted] is requesting is to be paid for services rendered. It’s that simple. 
In conclusion, the bulk of this restoration project has been completed.  All of the extremely difficult tasks have been performed.  So, in reality.  Upwards of 70% of this project is actually completed. All that is left on this project are the relatively simple tasks of installing the insulated glass units and painting. It is our belief that this customer recognizes this and has attempted to get all the hard work done that requires great skill and expertise at LO[redacted]’s expense.
LO[redacted] has a string of email communications between our company and the customer which will back up our claims and serve as evidence that much of what the customer is claiming is misrepresented and untrue.

Revdex.com:
I would like my complaint ID [redacted], to be handled through an Arbitration hearing with Revdex.com.
Regards,

The installers are friendly, punctual, and very professional. I also received great customer service from the office staff. I will definitely be recomending this company to my friends for expert window and door replacement.

Complaint: [redacted]
I am rejecting this response because:Thank you for your response. Max since the beginning all I have asked was for you to install the correct windows. Yes you did come to my house on a holiday weekend (you keep saying that like you are some amazing person that did such a giant sacrifice) you only did that is because you blew me off on Friday and your installer had tried to put the windows in on Thursday and they were not the right size. At that point I had been trying to get in touch with you for about a month for other problems (the slider, a missing window, another window that wrong size and John's horrible attitude) but you would have John call me back. The same person that would continuously yell at me on the phone. You came over on a working day for yourself, after another window measure at another residence, so it being a holiday weekend really doesn't show any light. Per [redacted]'s work order Lomax ordered the items incorrectly (the front window that you and John continuously lied to me about) and are no longer an approved [redacted] dealer. Your company has been saying for weeks that you can get to correct items in and they have already been ordered. John even stated that the bedroom window was to be in last Monday, although it was a holiday. However, these items were never reordered since you can not get any [redacted] products, since you are no longer an approved dealer and you never told me that instead you tried to get me to order windows from a different company. You have been untruthful since the beginning and that is why I have had my lawyer involved. You tried to get my to buy different windows because your company messed up on the order and can not ever get the [redacted] windows in to match the couple that were already installed. I never agreed to retract my complaint and I had a witness there to your and my comments. I also have every email and text back and forth, I never once bullied your company, I have only requested that I get what was custom ordered and promised to be installed. Since you have 'washed you hands of me' I would like a refund for the items you did not preform and the items that are not correct. You voided my warranty when you cut down a window without my knowledge or permission. Mildgard sent it larger window with clear glass for my shower. I ordered factory [redacted] windows.  Also, from day 1 I stated that the back sliders were incorrect. They were not the custom door that I ordered and the front windows are not what was told to me on initial measure nor when you were at my home. I will only pay for the correct items that were installed. I am not paying for items that yourself even said were wrong and windows you told me to throw in the dumpster since they are trash. There is nothing in your contract that stated how the windows were to be installed which my lawyer has the copy of and the copy of measurements even shows that the windows are all different sizes which I got all the same size squares in which is incorrect and you saw that, so please stop stating that I am making this up.... these are things that just can't be made up. I paid $7,000.00 down and only have $2600 of correct products in my home. Please refund the remaining monies.
Regards,
Bobbi Pokora

Complaint: [redacted]
I am rejecting this response because:  As two senior who spent their working careers in truth, fact based occupations, we seem to have a better clarity in recalling chain of events to date.  In case Lomax does have a recall problem, I'm sure your attorney has told Lomax ALL PARTIES MUST COMPLY WITH THE TERMS OF THE CONTRACT.  At this point, we feel Lomax is in breach of contract for failure to provide like in kind replacement window.  Your attorney sent us a letter containing many erroneous statements.  We replied and hand-delivered this along with photos of our install job.  Two hours later we received a call from Lomax's GM asking to meet.  Met 2 1/2 weeks ago.  He was to go back and meet with owner and call us with terms to work out finishing job.  To date, no return call.  According to the terms of our contract, final payment is due upon completion of work.  Please have Lomax drop the threats of liens and collection notices.  READ THE CONTRACT.  No further payment is due until work is completed.  The only thing denied entrance to our home was wood trim that was clear coated in a non-protected environment.  It was rough to the touch because of dust under clear coat.  Places were missed, etc.  Lomax's GM came out, inspected trim and promised to have it redone by someone who knew how to refinish wood.  Lomax's owner refused to honor this.  Probable cost of this wood would be $600 to $800.  Like in kind replacement trim would be Anderson profile with a furniture finish.  This would match the rest of the wood in our home and also the trim that was removed.  We still have that trim if Lomax needs to refresh their memory.   The installer, hired by Lomax, stated he would not come back until all of the remaining materials were available.  You don't seem to have all of this.   Please validate by copies of Lomax  invoices that all materials are from [redacted].  Your "small amount" of remaining work and materials to be furnished are as follows:    Replacement like and kind trim for windows.  Replacement kitchen window for wrong window ordered.  Replacement sliding glass door for one delivered that is extremely difficult to open because of wrong size and overspray.  Also was stained with wrong color.  Jam extensions for 9 windows on two story wall.  Windows incorrectly ordered for 2x4 wall instead of 2x6 wall.  Large window over front door.  Five screens.  Numerous pieces of hardware that are missing and replacements for brackets delivered broken.    We do not consider this a small list.We have no problem with the installer coming back to finish our job.  He stated he would not come back until all of the materials were available.  You don't have all of the materials.  We welcome mitigation by the Revdex.com.  I believe the truth will come out at that point.  I hope they send out a representative to look at your "highest quaility work."  They will be able to see the quality of your work on all of the windows installed with very poor finish. Let me reiterate what was told Lomax's attorney.  According to the terms of Lomax's contract, remaining balance is due upon completion.  If Lomax obtains the balance of the materials, proof that they were obtained from [redacted], has the installer finish our job with the above requirements, we will have our mortgage company inspect the work.  They will release remaining funds, we will be happy, Lomax should be happy.  Again, Lomax needs to COMPLY WITH THE CONTRACT.
Regards,
[redacted]

We met with this customer over the holiday weekend and she has agreed to withdraw this complaint and wait until the job is completed before deciding on whether or not to file a complaint.

This customer is being completely dishonest about what we agreed to. She has done nothing but bully us since the time of the original sale. She,in fact, did agree to withdraw the complaint until the work was completed. Several days passed by and the complaint was not retracted. We questioned her as to why she has not retracted the complaint and that is when she said she would consult with her lawyer. We visited her home and went over everything with her during the holiday weekend. We agreed, at that time, to make things right and make her happy once we reviewed her contract and only after she retracted the complaint and let us do our job. After reviewing the contract, it was clear that the glass wall system that was installed is exactly what is in the contract. She was then told that if she wants a different glass wall system, she would have to sign a change order and the change order was sent to her. Of course, she was once again upset because she couldn’t have her way outside of the original contract. This customer is being completely unreasonable and has been from the start. She has not trusted us to do our job from the beginning. Instead, she continually interferes, makes insults to our management and staff and continues to lie and make unreasonable demands before the job is even completed. If she thinks she knows more about how to install her windows and glass than we do, she should do the work herself. We will not be doing any more work at this customer's home and have made the decision to wash our hands and walk away from this job. There is no pleasing this customer, and she obviously can't keep her word or honor the contract that she signed. We have already sunk enough money, time and energy into this project and continue to receive no cooperation. We advise her to hire another contractor. She got everything she ordered, including the door she now claims is the wrong size (Yet another news flash another dishonest claim). The only thing that was originally wrong with this job is a wrong sized window, an error the manufacturer, [redacted] made, and a back-ordered door. We promised to make both of these errors right, and from that point on she has allowed the entire project to spin out of control.We wish her the best in finding someone else to finish her job and pity the person who does. We won't be back.

Complaint: [redacted]
I am rejecting this response because:I never agreed to withdraw my...

complaint. Myself, along with my other half and the owner of Lomax met on Sunday to go over the issues with the windows. He tried to strong arm us into ordering 2 missing windows along with a slider from another company (therefore they would not match the windows that have been installed). We expressed that we wanted to stay with the same manufacturer to have all the windows matching throughout the house. He stated that he would not change out the back slider that was put in that was the wrong size without us paying the $2,000 difference in the door since they priced the custom door wrong and ordered a standard door. He then reevaluated the front panel windows (a series of 8) and apologized for the general managers mess up. He stated that he would have them fixed at no charge to us. He told us to throw the 8 panels of glass that were the wrong size into the dumpster, that day, Sunday. Also on Sunday he stated that he had our missing bathroom window in his workshop. He stated that he did not know why it was not at the residence and he would personally bring it to the house on Tuesday and have it installed when he would be back to remeasure the 8 panel front system. He stated that he had to laser measure them due to their abnormal shape. On Tuesday mid morning he was at the house without the window and without the laser measure to go over the outside trim with his installer and he went over how the front 8 panels were to be installed with the installer. He stated that he would be back around 3pm to measure the front windows. He stated that the bathroom window would be installed that day, it might not be until around 7pm, but he guaranteed that it would be installed that day.  I heard that he was back at the residence when I was not there, I believe he measured the front panel windows but never installed the bathroom window. The bathroom window frame was installed the next morning (Wednesday) with a piece of single pane glass taped in it. It is not the glass that we had ordered therefore I called Max. At this point he was very confrontational. He told me to take my complaint down with the Revdex.com. I explained to him that was not something I was going to do at this point. He then said he was doing everything in his power to make me happy and it is too much paperwork when he gets a complaint from the Revdex.com. After he continued to push the issue I told him that I would consult my lawyer first. He then threatened that the job would not be completed until the complaint came down. Today, Thursday, Max emailed an invoice of a LARGE upcharge to correct and install the front panel of glass which is almost the original amount of the panel to begin with (therefore he is recharging me completely for all of the glass even though it was their mistake to begin with) otherwise he will install the wrong size windows that will not fit in the house at no additional charge (the same windows that he saw was wrong and told us to throw into the dumpster). 
Regards,
Bobbi Pokora