McDowell Hardscaping

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
1) I contracted with [redacted] McDowell of McDowell Hardscaping, not Rob Estes2) The contract did not contain any language regarding a"no return policy"3) On June 6, 2017 at the time of signing the contract with [redacted] McDowell of McDowell Hardscaping, I did not know that the work could not be performed without first obtaining a permit.4) The contract did not contain any language about obtaining permit.5) [redacted] McDowell of McDowell Hardscaping knew as early as June 7, 2017, that the wall could not be built without a permit6) [redacted] McDowell of McDowell Hardscaping never obtained a permit for the building of the wall7) I sent several demands to [redacted] of McDowell Hardscaping for the return of my deposit of $9,000.00.8) My attorney never, at anytime, advised me to go ahead with work or do business with McDowell Hardscaping or especially [redacted].9) To this date , [redacted] McDowell of  McDowell Hardscaping  has not done any work on my property.10) To this date, [redacted] McDowell has not returned my deposit of $9,000.0011) I never agreed to supply McDowell Hardscaping with a draftsman.I would like my deposit of $9,000.00 returned to me in the form of a cashiers check made out to [redacted] to resolve my complaint.
Regards,
[redacted]

McDowell Hardscaping had first made contact with the complaintant on the date she mentioned because she sought to have work done and had contacted our supplier of products and was referred to us by this supplier. It was verbally agreed upon at this time that the complaintant would supply McDowell...

Hardscaping with the draftsperson who would help her (as a favor) in acquiring appropriate permitting. After about ten days or so, we were contacted by the complaintant via email (and still retain these copies as proof of communication language... At which time, the complaintant stated that she was unable to get help from her source and that she "supposed" that we would not be able to move forward with the job. At this time, McDowell Hardscaping sought the professional assistance of an outside draftsperson and asked them to call the complaintant and schedule an appointment wherein he would be able to acquire all the info and measurements necessary to obtain all permitting required by law. At the contact between the complaintant and this draftsperson (whom we had paid generously to perform his work), the complaintant expressed that she had no idea who we were as a company and there must be some mistake.... We have since acquired a sworn affidavit from the draftsperson to these facts. The complaintant then had legal counsel contact McDowell Hardscaping to express a desire to meet and iron out the details, so we can all get on with things. I personally went and met with her and her counsel and expressed at that meeting that we had full desire to complete the task for which we were charged and fulfill the contractual agreement that both McDowell Hardscaping AND the complaintant signed. At this tim, the lawyer suggested that the complaintant comply with willing communication to the hired draftsperson and schedule a meeting at her residence where he could acquire all that was necessary to move forward with permitting. The draftsperson called that next day and the complaintant answered at 2pm (or thereabouts) that she was "...at a bar right now and it wasn't a good time. He would need to call back after the 4th (of July)", which was a week away. While that week was passing, the complaintant again messaged McDowell Hardscaping to express her desire to no longer move forward and demanded a refund of her deposit. It isn't our company policy to refund any monies tendered in the form of a deposit as good faith to express one's desire to move forward with a project. This client has been unruly, rude, unreasonable and quite difficult to deal with, and yet I have communicated our desire to help her on more than half a dozen occasions... All with no response at all. We do have the ability, desire, resources, employees and skill and expertise to complete our end of the agreement. To that end, our desire is simply to move forward and provide excellent quality of service to the client (which is what she agreed to). We have supplies on the premises that have been purchased explicitly for this job, workers waiting in the wings until this job begins and a number of other steps forward that we have taken to make sure we upheld our end of the agreement in a timely and professional fashion. It is now and always will be our contention, that we will do anything necessary to bring her the type and quality of job that she hired us for. That is our goal and that is our promise. Had there been a different set of circumstances that provided for this type of request, we may have considered such, but the hard fact of the matter is, she just wanted to change her mind almost two weeks after the agreement was signed. We cannot afford to make these types of modification, that far in.