Response to complaint ID [redacted] As noted in the complaint, Ms [redacted] entered into a contract with Flooring Services to install carpet and vinyl at her property at [redacted] **I am the estimator / salesman / material procurement agentAaron B [redacted] deliverers the material and is the installerAaron is not my employeeThis was explained to Ms [redacted] several times in meetings we hadThe first proposal to Ms [redacted] was sent via email on 08/09/It was revised 08/16/which culminated in Aaron and I meeting with Ms [redacted] on 09/27/to discuss the projectAt that meeting I told Ms [redacted] we could start the job next week, Tuesday (10/04/16)As noted in the quotation, the job was going to take 3-daysMs [redacted] asked if it would be feasible to start the job the same weekAaron said he had a job Friday (09/28/16) and would have to check with the customer about being able to move itHe was successful in moving the job to the following Friday (10/04/16)Ms [redacted] wanted to start with the first floor kitchen / bathroomI met with Ms [redacted] on Thursday (09/29/16) to pick up the down payment for the materialsThere were additional changes to the contract which Ms [redacted] documented in the following email along with the new costs which I defined while I was thereThe email read: On Thu, 9/29/16, [redacted] wrote: Subject: Re: Flooring Installation, [redacted] To: [redacted] Date: Thursday, September 29, 2016, 11:AM Per our meeting today, changes in the work order for [redacted] ***., the total cost of the project work scope is $Two rooms on 2nd floor has been removedVinyl will be installed around the drain of all toiletsThe kitchen and bath 1st floor was addedInstallers will move stoves and refrigerators2nd and 3rd floor toilets will be dismounted by owner1st floor toilet will be dismounted by installersDown payment $Balance due upon completion $Work is to begin on Friday, September Down payment is being paid by bank check from [redacted] Bank for the amount of $today September 29, She went to the bank and returned with a bank check for $2,which she gave meI placed the order with my supplier and returned to the officeI responded to Ms [redacted] ’s email, confirmed her email was accurate and provided a new estimateAaron picked up the materials at our supplier the next morning (09-30-16) and due to a delay experienced at the supplier, was at the job around 12:pmAs agreed, Aaron started in the first floor kitchen and bathroomWhen Aaron arrived, the toilet and heater grate had been removedThere was not enough time left on Friday to finish the kitchen and bathroomThe toilet was not remounted as he did not have a seal, the quarter-rounds weren’t completed as he needed his nail gun and the final seam was not made as he needed a different seam sealerAaron reviewed his schedule with Ms [redacted] that day, working Saturday, Tuesday through ThursdayAaron returned Saturday (10-01-16) to work on the job and clean upHe passed Ms [redacted] on her way outShe did not say a wordAaron did talk to the tenant and told him he would be back Tuesday, complete the work that week and be done by FridayThe tenant said he had to work Tuesday but the back door would be openHe also discussed the toilet in the bathroom not being mounted and said it was not an issue as the 2nd floor toilet was accessibleAaron went there Tuesday (10-04-16) and was not able to get in as the door was lockedAaron called Ms [redacted] several times without any replyOn Wednesday (10-05-16), Aaron went to [redacted] and was not able to get into the job againHe attempted to call Ms [redacted] but there was no answerHe called me and I tried contacting her as well without successI ended up texting her the following: 10/05/11:am - Text From [redacted] Aaron is trying to get into [redacted] but can’t as there is no one thereWhat is your property manager’s name and number? I’ve misplaced itThanks, Len She had given me her property manager’s name and number when we met on Tuesday (9-2716) but I believe I had written the information on the detail I had with me and then gave the detail to herShe replied: 10/05/02:pm - Text From [redacted] Your installer told my tenant that he would return on FridayI was very upset that the bathroom was NOT completed while they were there as we discussed! This meant that my tenant was/has been inconvenienced AND that I was not able to remove upstairs toilets as we discussedDO NOT have your installer cut around the toilets! They MUST BE REMOVED AND CUT TO THE FLANGEIn the meantime, some issues with the attached photosPlease contact me via text on Friday if the work is completed and I will arrange the balance of the paymentYou will have to adjust your cost to compensate for the installer errors as shown in the pictures I took after day of this jobAs soon as I settle today, I will forward picturesI replied: 10/06/02:pm - Text From Len to [redacted] Aaron was confused as he understood that he was to dismount the 1st floor toilet and it was removed when he arrived on the jobYet the 2nd & 3rd floor toilets were not removed but should have beenHe thought his understanding was reversed so he did not mount the toilet since you were going to remount the toilets you removedAaron talked to your tenant and he indicated that it was not an issue as there were other toilets to useI don't understand why this issue took till Wednesday to come to our attentionAaron lives close to your house and could have mounted the toilet Saturday if someone would have called (or Ms [redacted] would have talked to him)All installation issues should be addressed to AaronSend the photos to himThe vinyl will be installed to the flangesAs we lost a day yesterday, Friday may be questionableI still need your property manager’s phone #Any installation errors will be resolvedAaron tried to get into the job the next day several times and again couldn’tI sent the following text: 10/06/04:pm - Text From Len to [redacted] Aaron tried to access the property today unsuccessfullyThat’s installation days lostWhen is it going to be available? Aaron would like to speak with youPlease call him at [redacted] Len Ms [redacted] replied: 10/06/04:pm - Text From [redacted] Again Len, Aaron told my tenant he would be back on FridayI’m 2k miles awayI had to believe Aaron when he said FridayI have limited reception and time for this matter! The toilets were not removed because he did NOT finish the 1st floor bathroom and my tenant needed to use the upstairs! As soon as I have reception, I will download the photosOn Friday, Aaron went to [redacted] and collected his tools as he had to work the job he postponed at Ms [redacted] ’s request a week earlier10/07/02:pm - Text From [redacted] We received the pictures from Ms [redacted] The pictures were of the kitchen/bathroom as an incomplete installationThe grate appeared and showed it not covering the openingSince Aaron did not remove the grate, he had no way of knowing that it was undersizeHe trimmed the vinyl to the opening that was thereThe other pictures showed some quarter rounds that split which would have been easily replacedMs [redacted] eliminated the quarter rounds from the installation even though there were areas where the quarter rounds were missingAnything that we damaged would have been replacedLater, we received the following text: 10/07/04:pm - Text From [redacted] To put you on notice...YOU NOR YOUR INSTALLERS ARE PERMITTED ON THE PROPERTY AT [redacted] ***, AKRON UNLESS ACCOMPANIED BY MYSELFThe next communication we had from Ms [redacted] was the following text: Subject: Re: Flooring Installation, [redacted] To: "LEONARD S [redacted] " < [redacted] > Date: Friday, October 28, 2016, 11:AM Leonard, I have returned to AkronI have inspected, again, the work performed AND not completed at [redacted] ***AkronI understand that your installer was able to get into the property, as agreed upon, on FridayInstead of finishing the job that was contractually agreed upon in writing, verbally and via email, he came onto the property and simply removed his toolsNo work was performedNow after another measurement by a professional company, you DID NOT order the proper amount of carpet and you ordered TOO MUCH vinylThis issue of payment for materials needs to be resolved either with good faith on your part, reimbursement, as finding a matching rolls of carpet is improbable and I will have excess vinylWe can take care of this with or without small claims courtPlease let me knowAgain, my contractual agreement was with you and you aloneThat's how it will be presentedMy response was: On Oct 31, 10:AM, "LEONARD S [redacted] " < [redacted] > wrote: [redacted] , Aaron has cuts of carpet in his vanHe was going to bring them into the house when he started the carpet installationIf the other company was looking at the carpet at [redacted] ***, these pieces were not included in their countCall Aaron at [redacted] and he will bring them to you so you can accompany him into your propertyLen S [redacted] Flooring Services [redacted] Her reply was: From: [redacted] < [redacted] > Date: 11/2/6:PM (GMT-05:00) To: LEONARD S [redacted] , [redacted] < [redacted] > Subject: Re: Flooring Installation, [redacted] Len, your installer had no intention of dropping the "cuts" off in my houseIf he had, he would have done it when he had access to the house and all he did was collect his toolsAgain, my contractual agreement is with you, not himI will not call your installerThat's your jobPlease submit a date and time that the delivery can be madeMy reply: From: "l [redacted] > Date: 11/3/3:PM (GMT-05:00) To: [redacted] < [redacted] > Subject: Re: Flooring Installation, [redacted] : [redacted] , Aaron will call to arrange deliveryLen S [redacted] Flooring Services Her reply: From: [redacted] < [redacted] > Date: 11/4/7:AM (GMT-05:00) To: LEONARD S [redacted] Subject: Re: Flooring Installation, [redacted] I will be available for your installer to deliver the remainder of carpet cuts to [redacted] ***On Saturday, November 5, between 10am - 1:pmPlease call firstOn the date Aaron was to meet Ms [redacted] , she wrote: 11/05/11:am - Text From [redacted] As I texted you earlier this week, I will be available for delivery of the remainder of my carpet order BEFORE 1:pm todayPlease call when your installer is on his wayAaron called Ms [redacted] on 11/05/and tried to discuss the job but she refusedOn Monday, I received the following text: 11/07/8:am - Text From [redacted] I am sorry you did not replyAs I told you and Aaron, my contract was with you, check written out to you and I have your business cardI will be filing in small claims today for materials paid for, not received, damaged to kitchen material installed and existing and for lost rent for not having work finished before November 1, 2016, in addition to new professional, material, legal and court fees and costs That was the last communication I had with Ms [redacted] Ms [redacted] undermined our schedule which was originally to begin Tuesday, 10-06-and complete by FridayThe intention was to complete the 3-day job by FridayThe schedule was revised to start on the previous Friday (10-30-16) which would have had the job completed by Thursday which is why Aaron’s previously scheduled job was re-scheduled to 10-07-As to the first floor kitchen, it would have been completed to Ms [redacted] ’s satisfaction if Aaron had had the opportunity to get into the job as originally plannedIn fact, he could have entered the job with the assistance of the property manager who Ms [redacted] did not identify after requests identified in the above emailsIn addition to the first floor kitchen, Aaron and his assistant padded the 2nd and 3rd floors and prepped the other two kitchensOur expenses to that point were $Due to the lack of access on the scheduled days, no return calls as was requested in the above texts and Ms [redacted] involving another installer, Aaron became uncomfortable with doing additional work on the job without commitment from Ms [redacted] He called her on 11-05-to deliver the carpet and discuss her commitment to the project in the form of compensation for the work done to dateShe hung up on himHe had rolls of carpet that had not been delivered to dateHe kept them to compensate him for his laborLen S [redacted] Aaron B [redacted] Flooring Services 01/30/
Response to complaint ID [redacted] As noted in the complaint, Ms [redacted] entered into a contract with Flooring Services to install carpet and vinyl at her property at [redacted]. I am the estimator / salesman / material procurement agent. Aaron B[redacted] deliverers the material and is...
the installer. Aaron is not my employee. This was explained to Ms [redacted] several times in meetings we had. The first proposal to Ms [redacted] was sent via email on 08/09/16. It was revised 08/16/16 which culminated in Aaron and I meeting with Ms [redacted] on 09/27/16 to discuss the project. At that meeting I told Ms [redacted] we could start the job next week, Tuesday (10/04/16). As noted in the quotation, the job was going to take 3-4 days. Ms [redacted] asked if it would be feasible to start the job the same week. Aaron said he had a job Friday (09/28/16) and would have to check with the customer about being able to move it. He was successful in moving the job to the following Friday (10/04/16). Ms [redacted] wanted to start with the first floor kitchen / bathroom. I met with Ms [redacted] on Thursday (09/29/16) to pick up the down payment for the materials. There were additional changes to the contract which Ms [redacted] documented in the following email along with the new costs which I defined while I was there. The email read: On Thu, 9/29/16, [redacted] wrote: Subject: Re: Flooring Installation, [redacted] To: [redacted] Date: Thursday, September 29, 2016, 11:17 AM Per our meeting today, changes in the work order for [redacted]., the total cost of the project work scope is $3731.08. Two rooms on 2nd floor has been removed. Vinyl will be installed around the drain of all toilets. The kitchen and bath 1st floor was added. Installers will move stoves and refrigerators. 2nd and 3rd floor toilets will be dismounted by owner. 1st floor toilet will be dismounted by installers. Down payment $2005.69. Balance due upon completion $1726.39. Work is to begin on Friday, September 30. Down payment is being paid by bank check from [redacted] Bank for the amount of $2005.69 today September 29, 2016. She went to the bank and returned with a bank check for $2,005.69 which she gave me. I placed the order with my supplier and returned to the office. I responded to Ms [redacted]’s email, confirmed her email was accurate and provided a new estimate. Aaron picked up the materials at our supplier the next morning (09-30-16) and due to a delay experienced at the supplier, was at the job around 12:30 pm. As agreed, Aaron started in the first floor kitchen and bathroom. When Aaron arrived, the toilet and heater grate had been removed. There was not enough time left on Friday to finish the kitchen and bathroom. The toilet was not remounted as he did not have a seal, the quarter-rounds weren’t completed as he needed his nail gun and the final seam was not made as he needed a different seam sealer. Aaron reviewed his schedule with Ms [redacted] that day, working Saturday, Tuesday through Thursday. Aaron returned Saturday (10-01-16) to work on the job and clean up. He passed Ms [redacted] on her way out. She did not say a word. Aaron did talk to the tenant and told him he would be back Tuesday, complete the work that week and be done by Friday. The tenant said he had to work Tuesday but the back door would be open. He also discussed the toilet in the bathroom not being mounted and said it was not an issue as the 2nd floor toilet was accessible. Aaron went there Tuesday (10-04-16) and was not able to get in as the door was locked. Aaron called Ms [redacted] several times without any reply. On Wednesday (10-05-16), Aaron went to [redacted] and was not able to get into the job again. He attempted to call Ms [redacted] but there was no answer. He called me and I tried contacting her as well without success. I ended up texting her the following: 10/05/16 11:25 am - Text From [redacted] Aaron is trying to get into [redacted] but can’t as there is no one there. What is your property manager’s name and number? I’ve misplaced it. Thanks, Len She had given me her property manager’s name and number when we met on Tuesday (9-2716) but I believe I had written the information on the detail I had with me and then gave the detail to her. She replied: 10/05/16 02:39 pm - Text From [redacted] Your installer told my tenant that he would return on Friday. I was very upset that the bathroom was NOT completed while they were there as we discussed! This meant that my tenant was/has been inconvenienced AND that I was not able to remove upstairs toilets as we discussed. DO NOT have your installer cut around the toilets! They MUST BE REMOVED AND CUT TO THE FLANGE. In the meantime, some issues with the attached photos. Please contact me via text on Friday if the work is completed and I will arrange the balance of the payment. You will have to adjust your cost to compensate for the installer errors as shown in the pictures I took after day 1 of this job. As soon as I settle today, I will forward pictures. I replied: 10/06/16 02:18 pm - Text From Len to [redacted] Aaron was confused as he understood that he was to dismount the 1st floor toilet and it was removed when he arrived on the job. Yet the 2nd & 3rd floor toilets were not removed but should have been. He thought his understanding was reversed so he did not mount the toilet since you were going to remount the toilets you removed. Aaron talked to your tenant and he indicated that it was not an issue as there were other toilets to use. I don't understand why this issue took till Wednesday to come to our attention. Aaron lives close to your house and could have mounted the toilet Saturday if someone would have called (or Ms [redacted] would have talked to him). All installation issues should be addressed to Aaron. Send the photos to him. The vinyl will be installed to the flanges. As we lost a day yesterday, Friday may be questionable. I still need your property manager’s phone #. Any installation errors will be resolved. Aaron tried to get into the job the next day several times and again couldn’t. I sent the following text: 10/06/16 04:20 pm - Text From Len to [redacted] Aaron tried to access the property today unsuccessfully. That’s 2 installation days lost. When is it going to be available? Aaron would like to speak with you. Please call him at [redacted]. Len Ms [redacted] replied: 10/06/16 04:55 pm - Text From [redacted] Again Len, Aaron told my tenant he would be back on Friday. I’m 2k miles away. I had to believe Aaron when he said Friday. I have limited reception and time for this matter! The toilets were not removed because he did NOT finish the 1st floor bathroom and my tenant needed to use the upstairs! As soon as I have reception, I will download the photos. On Friday, Aaron went to [redacted] and collected his tools as he had to work the job he postponed at Ms [redacted]’s request a week earlier. 10/07/16 02:37 pm - Text From [redacted] We received the pictures from Ms [redacted]. The pictures were of the kitchen/bathroom as an incomplete installation. The grate appeared and showed it not covering the opening. Since Aaron did not remove the grate, he had no way of knowing that it was undersize. He trimmed the vinyl to the opening that was there. The other pictures showed some quarter rounds that split which would have been easily replaced. Ms [redacted] eliminated the quarter rounds from the installation even though there were areas where the quarter rounds were missing. Anything that we damaged would have been replaced. Later, we received the following text: 10/07/16 04:07 pm - Text From [redacted] To put you on notice...YOU NOR YOUR INSTALLERS ARE PERMITTED ON THE PROPERTY AT [redacted], AKRON UNLESS ACCOMPANIED BY MYSELF. The next communication we had from Ms [redacted] was the following text: Subject: Re: Flooring Installation, [redacted] To: "LEONARD S[redacted]" <[redacted]> Date: Friday, October 28, 2016, 11:16 AM Leonard, I have returned to Akron. I have inspected, again, the work performed AND not completed at [redacted]. Akron. I understand that your installer was able to get into the property, as agreed upon, on Friday. Instead of finishing the job that was contractually agreed upon in writing, verbally and via email, he came onto the property and simply removed his tools. No work was performed. Now after another measurement by a professional company, you DID NOT order the proper amount of carpet and you ordered TOO MUCH vinyl. This issue of payment for materials needs to be resolved either with good faith on your part, reimbursement, as finding a matching rolls of carpet is improbable and I will have excess vinyl. We can take care of this with or without small claims court. Please let me know. Again, my contractual agreement was with you and you alone. That's how it will be presented. My response was: On Oct 31, 2016 10:51 AM, "LEONARD S[redacted]" <[redacted]> wrote: [redacted], Aaron has 2 cuts of carpet in his van. He was going to bring them into the house when he started the carpet installation. If the other company was looking at the carpet at [redacted], these pieces were not included in their count. Call Aaron at [redacted] and he will bring them to you so you can accompany him into your property. Len S[redacted] Flooring Services [redacted] Her reply was: From: [redacted] <[redacted]> Date: 11/2/16 6:21 PM (GMT-05:00) To: LEONARD S[redacted] <l[redacted]>, [redacted] <[redacted]> Subject: Re: Flooring Installation, [redacted] Len, your installer had no intention of dropping the "2 cuts" off in my house. If he had, he would have done it when he had access to the house and all he did was collect his tools. Again, my contractual agreement is with you, not him. I will not call your installer. That's your job. Please submit a date and time that the delivery can be made. My reply: From: "l[redacted]> Date: 11/3/16 3:00 PM (GMT-05:00) To: [redacted] <[redacted]> Subject: Re: Flooring Installation, [redacted] : [redacted] , Aaron will call to arrange delivery. Len S[redacted] Flooring Services Her reply: From: [redacted] <[redacted]> Date: 11/4/16 7:28 AM (GMT-05:00) To: LEONARD S[redacted] <l[redacted]> Subject: Re: Flooring Installation, [redacted] I will be available for your installer to deliver the remainder of carpet cuts to [redacted]. On Saturday, November 5, between 10am - 1:00 pm. Please call first. On the date Aaron was to meet Ms [redacted], she wrote: 11/05/16 11:13 am - Text From [redacted] As I texted you earlier this week, I will be available for delivery of the remainder of my carpet order BEFORE 1:30 pm today. Please call when your installer is on his way. Aaron called Ms [redacted] on 11/05/19 and tried to discuss the job but she refused. On Monday, I received the following text: 11/07/16 8:20 am - Text From [redacted] I am sorry you did not reply. As I told you and Aaron, my contract was with you, check written out to you and I have your business card. I will be filing in small claims today for materials paid for, not received, damaged to kitchen material installed and existing and for lost rent for not having work finished before November 1, 2016, in addition to new professional, material, legal and court fees and costs That was the last communication I had with Ms [redacted]. Ms [redacted] undermined our schedule which was originally to begin Tuesday, 10-06-16 and complete by Friday. The intention was to complete the 3-4 day job by Friday. The schedule was revised to start on the previous Friday (10-30-16) which would have had the job completed by Thursday which is why Aaron’s previously scheduled job was re-scheduled to 10-07-16. . As to the first floor kitchen, it would have been completed to Ms [redacted]’s satisfaction if Aaron had had the opportunity to get into the job as originally planned. In fact, he could have entered the job with the assistance of the property manager who Ms [redacted] did not identify after 2 requests identified in the above emails. In addition to the first floor kitchen, Aaron and his assistant padded the 2nd and 3rd floors and prepped the other two kitchens. Our expenses to that point were $540.00. Due to the lack of access on the scheduled days, no return calls as was requested in the above texts and Ms [redacted] involving another installer, Aaron became uncomfortable with doing additional work on the job without commitment from Ms [redacted]. He called her on 11-05-16 to deliver the carpet and discuss her commitment to the project in the form of compensation for the work done to date. She hung up on him. He had 2 rolls of carpet that had not been delivered to date. He kept them to compensate him for his labor. Len S[redacted] Aaron B[redacted] Flooring Services 01/30/17
Response to complaint ID [redacted] As noted in the complaint, Ms [redacted] entered into a contract with Flooring Services to install carpet and vinyl at her property at [redacted] **I am the estimator / salesman / material procurement agentAaron B [redacted] deliverers the material and is the installerAaron is not my employeeThis was explained to Ms [redacted] several times in meetings we hadThe first proposal to Ms [redacted] was sent via email on 08/09/It was revised 08/16/which culminated in Aaron and I meeting with Ms [redacted] on 09/27/to discuss the projectAt that meeting I told Ms [redacted] we could start the job next week, Tuesday (10/04/16)As noted in the quotation, the job was going to take 3-daysMs [redacted] asked if it would be feasible to start the job the same weekAaron said he had a job Friday (09/28/16) and would have to check with the customer about being able to move itHe was successful in moving the job to the following Friday (10/04/16)Ms [redacted] wanted to start with the first floor kitchen / bathroomI met with Ms [redacted] on Thursday (09/29/16) to pick up the down payment for the materialsThere were additional changes to the contract which Ms [redacted] documented in the following email along with the new costs which I defined while I was thereThe email read: On Thu, 9/29/16, [redacted] wrote: Subject: Re: Flooring Installation, [redacted] To: [redacted] Date: Thursday, September 29, 2016, 11:AM Per our meeting today, changes in the work order for [redacted] ***., the total cost of the project work scope is $Two rooms on 2nd floor has been removedVinyl will be installed around the drain of all toiletsThe kitchen and bath 1st floor was addedInstallers will move stoves and refrigerators2nd and 3rd floor toilets will be dismounted by owner1st floor toilet will be dismounted by installersDown payment $Balance due upon completion $Work is to begin on Friday, September Down payment is being paid by bank check from [redacted] Bank for the amount of $today September 29, She went to the bank and returned with a bank check for $2,which she gave meI placed the order with my supplier and returned to the officeI responded to Ms [redacted] ’s email, confirmed her email was accurate and provided a new estimateAaron picked up the materials at our supplier the next morning (09-30-16) and due to a delay experienced at the supplier, was at the job around 12:pmAs agreed, Aaron started in the first floor kitchen and bathroomWhen Aaron arrived, the toilet and heater grate had been removedThere was not enough time left on Friday to finish the kitchen and bathroomThe toilet was not remounted as he did not have a seal, the quarter-rounds weren’t completed as he needed his nail gun and the final seam was not made as he needed a different seam sealerAaron reviewed his schedule with Ms [redacted] that day, working Saturday, Tuesday through ThursdayAaron returned Saturday (10-01-16) to work on the job and clean upHe passed Ms [redacted] on her way outShe did not say a wordAaron did talk to the tenant and told him he would be back Tuesday, complete the work that week and be done by FridayThe tenant said he had to work Tuesday but the back door would be openHe also discussed the toilet in the bathroom not being mounted and said it was not an issue as the 2nd floor toilet was accessibleAaron went there Tuesday (10-04-16) and was not able to get in as the door was lockedAaron called Ms [redacted] several times without any replyOn Wednesday (10-05-16), Aaron went to [redacted] and was not able to get into the job againHe attempted to call Ms [redacted] but there was no answerHe called me and I tried contacting her as well without successI ended up texting her the following: 10/05/11:am - Text From [redacted] Aaron is trying to get into [redacted] but can’t as there is no one thereWhat is your property manager’s name and number? I’ve misplaced itThanks, Len She had given me her property manager’s name and number when we met on Tuesday (9-2716) but I believe I had written the information on the detail I had with me and then gave the detail to herShe replied: 10/05/02:pm - Text From [redacted] Your installer told my tenant that he would return on FridayI was very upset that the bathroom was NOT completed while they were there as we discussed! This meant that my tenant was/has been inconvenienced AND that I was not able to remove upstairs toilets as we discussedDO NOT have your installer cut around the toilets! They MUST BE REMOVED AND CUT TO THE FLANGEIn the meantime, some issues with the attached photosPlease contact me via text on Friday if the work is completed and I will arrange the balance of the paymentYou will have to adjust your cost to compensate for the installer errors as shown in the pictures I took after day of this jobAs soon as I settle today, I will forward picturesI replied: 10/06/02:pm - Text From Len to [redacted] Aaron was confused as he understood that he was to dismount the 1st floor toilet and it was removed when he arrived on the jobYet the 2nd & 3rd floor toilets were not removed but should have beenHe thought his understanding was reversed so he did not mount the toilet since you were going to remount the toilets you removedAaron talked to your tenant and he indicated that it was not an issue as there were other toilets to useI don't understand why this issue took till Wednesday to come to our attentionAaron lives close to your house and could have mounted the toilet Saturday if someone would have called (or Ms [redacted] would have talked to him)All installation issues should be addressed to AaronSend the photos to himThe vinyl will be installed to the flangesAs we lost a day yesterday, Friday may be questionableI still need your property manager’s phone #Any installation errors will be resolvedAaron tried to get into the job the next day several times and again couldn’tI sent the following text: 10/06/04:pm - Text From Len to [redacted] Aaron tried to access the property today unsuccessfullyThat’s installation days lostWhen is it going to be available? Aaron would like to speak with youPlease call him at [redacted] Len Ms [redacted] replied: 10/06/04:pm - Text From [redacted] Again Len, Aaron told my tenant he would be back on FridayI’m 2k miles awayI had to believe Aaron when he said FridayI have limited reception and time for this matter! The toilets were not removed because he did NOT finish the 1st floor bathroom and my tenant needed to use the upstairs! As soon as I have reception, I will download the photosOn Friday, Aaron went to [redacted] and collected his tools as he had to work the job he postponed at Ms [redacted] ’s request a week earlier10/07/02:pm - Text From [redacted] We received the pictures from Ms [redacted] The pictures were of the kitchen/bathroom as an incomplete installationThe grate appeared and showed it not covering the openingSince Aaron did not remove the grate, he had no way of knowing that it was undersizeHe trimmed the vinyl to the opening that was thereThe other pictures showed some quarter rounds that split which would have been easily replacedMs [redacted] eliminated the quarter rounds from the installation even though there were areas where the quarter rounds were missingAnything that we damaged would have been replacedLater, we received the following text: 10/07/04:pm - Text From [redacted] To put you on notice...YOU NOR YOUR INSTALLERS ARE PERMITTED ON THE PROPERTY AT [redacted] ***, AKRON UNLESS ACCOMPANIED BY MYSELFThe next communication we had from Ms [redacted] was the following text: Subject: Re: Flooring Installation, [redacted] To: "LEONARD S [redacted] " < [redacted] > Date: Friday, October 28, 2016, 11:AM Leonard, I have returned to AkronI have inspected, again, the work performed AND not completed at [redacted] ***AkronI understand that your installer was able to get into the property, as agreed upon, on FridayInstead of finishing the job that was contractually agreed upon in writing, verbally and via email, he came onto the property and simply removed his toolsNo work was performedNow after another measurement by a professional company, you DID NOT order the proper amount of carpet and you ordered TOO MUCH vinylThis issue of payment for materials needs to be resolved either with good faith on your part, reimbursement, as finding a matching rolls of carpet is improbable and I will have excess vinylWe can take care of this with or without small claims courtPlease let me knowAgain, my contractual agreement was with you and you aloneThat's how it will be presentedMy response was: On Oct 31, 10:AM, "LEONARD S [redacted] " < [redacted] > wrote: [redacted] , Aaron has cuts of carpet in his vanHe was going to bring them into the house when he started the carpet installationIf the other company was looking at the carpet at [redacted] ***, these pieces were not included in their countCall Aaron at [redacted] and he will bring them to you so you can accompany him into your propertyLen S [redacted] Flooring Services [redacted] Her reply was: From: [redacted] < [redacted] > Date: 11/2/6:PM (GMT-05:00) To: LEONARD S [redacted] , [redacted] < [redacted] > Subject: Re: Flooring Installation, [redacted] Len, your installer had no intention of dropping the "cuts" off in my houseIf he had, he would have done it when he had access to the house and all he did was collect his toolsAgain, my contractual agreement is with you, not himI will not call your installerThat's your jobPlease submit a date and time that the delivery can be madeMy reply: From: "l [redacted] > Date: 11/3/3:PM (GMT-05:00) To: [redacted] < [redacted] > Subject: Re: Flooring Installation, [redacted] : [redacted] , Aaron will call to arrange deliveryLen S [redacted] Flooring Services Her reply: From: [redacted] < [redacted] > Date: 11/4/7:AM (GMT-05:00) To: LEONARD S [redacted] Subject: Re: Flooring Installation, [redacted] I will be available for your installer to deliver the remainder of carpet cuts to [redacted] ***On Saturday, November 5, between 10am - 1:pmPlease call firstOn the date Aaron was to meet Ms [redacted] , she wrote: 11/05/11:am - Text From [redacted] As I texted you earlier this week, I will be available for delivery of the remainder of my carpet order BEFORE 1:pm todayPlease call when your installer is on his wayAaron called Ms [redacted] on 11/05/and tried to discuss the job but she refusedOn Monday, I received the following text: 11/07/8:am - Text From [redacted] I am sorry you did not replyAs I told you and Aaron, my contract was with you, check written out to you and I have your business cardI will be filing in small claims today for materials paid for, not received, damaged to kitchen material installed and existing and for lost rent for not having work finished before November 1, 2016, in addition to new professional, material, legal and court fees and costs That was the last communication I had with Ms [redacted] Ms [redacted] undermined our schedule which was originally to begin Tuesday, 10-06-and complete by FridayThe intention was to complete the 3-day job by FridayThe schedule was revised to start on the previous Friday (10-30-16) which would have had the job completed by Thursday which is why Aaron’s previously scheduled job was re-scheduled to 10-07-As to the first floor kitchen, it would have been completed to Ms [redacted] ’s satisfaction if Aaron had had the opportunity to get into the job as originally plannedIn fact, he could have entered the job with the assistance of the property manager who Ms [redacted] did not identify after requests identified in the above emailsIn addition to the first floor kitchen, Aaron and his assistant padded the 2nd and 3rd floors and prepped the other two kitchensOur expenses to that point were $Due to the lack of access on the scheduled days, no return calls as was requested in the above texts and Ms [redacted] involving another installer, Aaron became uncomfortable with doing additional work on the job without commitment from Ms [redacted] He called her on 11-05-to deliver the carpet and discuss her commitment to the project in the form of compensation for the work done to dateShe hung up on himHe had rolls of carpet that had not been delivered to dateHe kept them to compensate him for his laborLen S [redacted] Aaron B [redacted] Flooring Services 01/30/
Response to complaint ID [redacted] As noted in the complaint, Ms [redacted] entered into a contract with Flooring Services to install carpet and vinyl at her property at [redacted]. I am the estimator / salesman / material procurement agent. Aaron B[redacted] deliverers the material and is...
the installer. Aaron is not my employee. This was explained to Ms [redacted] several times in meetings we had. The first proposal to Ms [redacted] was sent via email on 08/09/16. It was revised 08/16/16 which culminated in Aaron and I meeting with Ms [redacted] on 09/27/16 to discuss the project. At that meeting I told Ms [redacted] we could start the job next week, Tuesday (10/04/16). As noted in the quotation, the job was going to take 3-4 days. Ms [redacted] asked if it would be feasible to start the job the same week. Aaron said he had a job Friday (09/28/16) and would have to check with the customer about being able to move it. He was successful in moving the job to the following Friday (10/04/16). Ms [redacted] wanted to start with the first floor kitchen / bathroom. I met with Ms [redacted] on Thursday (09/29/16) to pick up the down payment for the materials. There were additional changes to the contract which Ms [redacted] documented in the following email along with the new costs which I defined while I was there. The email read: On Thu, 9/29/16, [redacted] wrote: Subject: Re: Flooring Installation, [redacted] To: [redacted] Date: Thursday, September 29, 2016, 11:17 AM Per our meeting today, changes in the work order for [redacted]., the total cost of the project work scope is $3731.08. Two rooms on 2nd floor has been removed. Vinyl will be installed around the drain of all toilets. The kitchen and bath 1st floor was added. Installers will move stoves and refrigerators. 2nd and 3rd floor toilets will be dismounted by owner. 1st floor toilet will be dismounted by installers. Down payment $2005.69. Balance due upon completion $1726.39. Work is to begin on Friday, September 30. Down payment is being paid by bank check from [redacted] Bank for the amount of $2005.69 today September 29, 2016. She went to the bank and returned with a bank check for $2,005.69 which she gave me. I placed the order with my supplier and returned to the office. I responded to Ms [redacted]’s email, confirmed her email was accurate and provided a new estimate. Aaron picked up the materials at our supplier the next morning (09-30-16) and due to a delay experienced at the supplier, was at the job around 12:30 pm. As agreed, Aaron started in the first floor kitchen and bathroom. When Aaron arrived, the toilet and heater grate had been removed. There was not enough time left on Friday to finish the kitchen and bathroom. The toilet was not remounted as he did not have a seal, the quarter-rounds weren’t completed as he needed his nail gun and the final seam was not made as he needed a different seam sealer. Aaron reviewed his schedule with Ms [redacted] that day, working Saturday, Tuesday through Thursday. Aaron returned Saturday (10-01-16) to work on the job and clean up. He passed Ms [redacted] on her way out. She did not say a word. Aaron did talk to the tenant and told him he would be back Tuesday, complete the work that week and be done by Friday. The tenant said he had to work Tuesday but the back door would be open. He also discussed the toilet in the bathroom not being mounted and said it was not an issue as the 2nd floor toilet was accessible. Aaron went there Tuesday (10-04-16) and was not able to get in as the door was locked. Aaron called Ms [redacted] several times without any reply. On Wednesday (10-05-16), Aaron went to [redacted] and was not able to get into the job again. He attempted to call Ms [redacted] but there was no answer. He called me and I tried contacting her as well without success. I ended up texting her the following: 10/05/16 11:25 am - Text From [redacted] Aaron is trying to get into [redacted] but can’t as there is no one there. What is your property manager’s name and number? I’ve misplaced it. Thanks, Len She had given me her property manager’s name and number when we met on Tuesday (9-2716) but I believe I had written the information on the detail I had with me and then gave the detail to her. She replied: 10/05/16 02:39 pm - Text From [redacted] Your installer told my tenant that he would return on Friday. I was very upset that the bathroom was NOT completed while they were there as we discussed! This meant that my tenant was/has been inconvenienced AND that I was not able to remove upstairs toilets as we discussed. DO NOT have your installer cut around the toilets! They MUST BE REMOVED AND CUT TO THE FLANGE. In the meantime, some issues with the attached photos. Please contact me via text on Friday if the work is completed and I will arrange the balance of the payment. You will have to adjust your cost to compensate for the installer errors as shown in the pictures I took after day 1 of this job. As soon as I settle today, I will forward pictures. I replied: 10/06/16 02:18 pm - Text From Len to [redacted] Aaron was confused as he understood that he was to dismount the 1st floor toilet and it was removed when he arrived on the job. Yet the 2nd & 3rd floor toilets were not removed but should have been. He thought his understanding was reversed so he did not mount the toilet since you were going to remount the toilets you removed. Aaron talked to your tenant and he indicated that it was not an issue as there were other toilets to use. I don't understand why this issue took till Wednesday to come to our attention. Aaron lives close to your house and could have mounted the toilet Saturday if someone would have called (or Ms [redacted] would have talked to him). All installation issues should be addressed to Aaron. Send the photos to him. The vinyl will be installed to the flanges. As we lost a day yesterday, Friday may be questionable. I still need your property manager’s phone #. Any installation errors will be resolved. Aaron tried to get into the job the next day several times and again couldn’t. I sent the following text: 10/06/16 04:20 pm - Text From Len to [redacted] Aaron tried to access the property today unsuccessfully. That’s 2 installation days lost. When is it going to be available? Aaron would like to speak with you. Please call him at [redacted]. Len Ms [redacted] replied: 10/06/16 04:55 pm - Text From [redacted] Again Len, Aaron told my tenant he would be back on Friday. I’m 2k miles away. I had to believe Aaron when he said Friday. I have limited reception and time for this matter! The toilets were not removed because he did NOT finish the 1st floor bathroom and my tenant needed to use the upstairs! As soon as I have reception, I will download the photos. On Friday, Aaron went to [redacted] and collected his tools as he had to work the job he postponed at Ms [redacted]’s request a week earlier. 10/07/16 02:37 pm - Text From [redacted] We received the pictures from Ms [redacted]. The pictures were of the kitchen/bathroom as an incomplete installation. The grate appeared and showed it not covering the opening. Since Aaron did not remove the grate, he had no way of knowing that it was undersize. He trimmed the vinyl to the opening that was there. The other pictures showed some quarter rounds that split which would have been easily replaced. Ms [redacted] eliminated the quarter rounds from the installation even though there were areas where the quarter rounds were missing. Anything that we damaged would have been replaced. Later, we received the following text: 10/07/16 04:07 pm - Text From [redacted] To put you on notice...YOU NOR YOUR INSTALLERS ARE PERMITTED ON THE PROPERTY AT [redacted], AKRON UNLESS ACCOMPANIED BY MYSELF. The next communication we had from Ms [redacted] was the following text: Subject: Re: Flooring Installation, [redacted] To: "LEONARD S[redacted]" <[redacted]> Date: Friday, October 28, 2016, 11:16 AM Leonard, I have returned to Akron. I have inspected, again, the work performed AND not completed at [redacted]. Akron. I understand that your installer was able to get into the property, as agreed upon, on Friday. Instead of finishing the job that was contractually agreed upon in writing, verbally and via email, he came onto the property and simply removed his tools. No work was performed. Now after another measurement by a professional company, you DID NOT order the proper amount of carpet and you ordered TOO MUCH vinyl. This issue of payment for materials needs to be resolved either with good faith on your part, reimbursement, as finding a matching rolls of carpet is improbable and I will have excess vinyl. We can take care of this with or without small claims court. Please let me know. Again, my contractual agreement was with you and you alone. That's how it will be presented. My response was: On Oct 31, 2016 10:51 AM, "LEONARD S[redacted]" <[redacted]> wrote: [redacted], Aaron has 2 cuts of carpet in his van. He was going to bring them into the house when he started the carpet installation. If the other company was looking at the carpet at [redacted], these pieces were not included in their count. Call Aaron at [redacted] and he will bring them to you so you can accompany him into your property. Len S[redacted] Flooring Services [redacted] Her reply was: From: [redacted] <[redacted]> Date: 11/2/16 6:21 PM (GMT-05:00) To: LEONARD S[redacted] <l[redacted]>, [redacted] <[redacted]> Subject: Re: Flooring Installation, [redacted] Len, your installer had no intention of dropping the "2 cuts" off in my house. If he had, he would have done it when he had access to the house and all he did was collect his tools. Again, my contractual agreement is with you, not him. I will not call your installer. That's your job. Please submit a date and time that the delivery can be made. My reply: From: "l[redacted]> Date: 11/3/16 3:00 PM (GMT-05:00) To: [redacted] <[redacted]> Subject: Re: Flooring Installation, [redacted] : [redacted] , Aaron will call to arrange delivery. Len S[redacted] Flooring Services Her reply: From: [redacted] <[redacted]> Date: 11/4/16 7:28 AM (GMT-05:00) To: LEONARD S[redacted] <l[redacted]> Subject: Re: Flooring Installation, [redacted] I will be available for your installer to deliver the remainder of carpet cuts to [redacted]. On Saturday, November 5, between 10am - 1:00 pm. Please call first. On the date Aaron was to meet Ms [redacted], she wrote: 11/05/16 11:13 am - Text From [redacted] As I texted you earlier this week, I will be available for delivery of the remainder of my carpet order BEFORE 1:30 pm today. Please call when your installer is on his way. Aaron called Ms [redacted] on 11/05/19 and tried to discuss the job but she refused. On Monday, I received the following text: 11/07/16 8:20 am - Text From [redacted] I am sorry you did not reply. As I told you and Aaron, my contract was with you, check written out to you and I have your business card. I will be filing in small claims today for materials paid for, not received, damaged to kitchen material installed and existing and for lost rent for not having work finished before November 1, 2016, in addition to new professional, material, legal and court fees and costs That was the last communication I had with Ms [redacted]. Ms [redacted] undermined our schedule which was originally to begin Tuesday, 10-06-16 and complete by Friday. The intention was to complete the 3-4 day job by Friday. The schedule was revised to start on the previous Friday (10-30-16) which would have had the job completed by Thursday which is why Aaron’s previously scheduled job was re-scheduled to 10-07-16. . As to the first floor kitchen, it would have been completed to Ms [redacted]’s satisfaction if Aaron had had the opportunity to get into the job as originally planned. In fact, he could have entered the job with the assistance of the property manager who Ms [redacted] did not identify after 2 requests identified in the above emails. In addition to the first floor kitchen, Aaron and his assistant padded the 2nd and 3rd floors and prepped the other two kitchens. Our expenses to that point were $540.00. Due to the lack of access on the scheduled days, no return calls as was requested in the above texts and Ms [redacted] involving another installer, Aaron became uncomfortable with doing additional work on the job without commitment from Ms [redacted]. He called her on 11-05-16 to deliver the carpet and discuss her commitment to the project in the form of compensation for the work done to date. She hung up on him. He had 2 rolls of carpet that had not been delivered to date. He kept them to compensate him for his labor. Len S[redacted] Aaron B[redacted] Flooring Services 01/30/17