Response to Complaint ID of [redacted] I am writing to respond to customer complaint # [redacted] regarding a construction contract signed on or around June 17th, for a deck restore projectThe homeowner is requesting the refund of their downpayment in the amount of $ The contract explicitly states under the heading titled “Returns and Cancellations” that, “Upon the expiration of Buyer’s three (3) day right to cancel this Contract, Buyer may cancel the Contract upon notice to Ovation but in doing so Buyer will forfeit any down payment and all monies paid to Ovation, as of the date of Buyer’s cancelation and will be liable for all contact expenses, labor, and materials provided by Ovation under the contract as of the date of cancellation and may be held liable for the full Sale Price.” By signing the contract, the homeowner agreed to be bound by the terms of the contract and understood by canceling, they would forfeit their downpayment The initial contract contained an inconsistency in the description of the decking materials to be used to restore the deck surfaceUpon noticing the inconsistency, the Installation Manager went out to the job site address and met with the MrsAt that time, they discussed and clarified the type of material the homeowners’ desired to be used on the decking surfaceThe Mrssigned a change order that spelled out Douglas Fir was to be used to restore all decking surfacesThe Change Order also contains the same Return and Cancellation clause as the original contract, so again, the Homeowner’s agreed they would not receive a refund of their downpayment if they chose to cancel either contract On or about July 25th, 2015, an installer from Ovation Restoration, LLC began to tear off the boards of homeowners’ deckAt that time, it was discovered that the deck structure underneath the deck surfaces were rotting in places and needed to be replaced, which was work not included in the original contractOur installer began to replace the rotten structure using Douglas FirAt that time, the Mrcame out to inspect the deck and told our installer that the materials were supposed to be Cedar, not Douglas FirThe Mrcalled up the Installation Manager and was very upset that the material was not Cedar, even though there was a Change Order signed to make sure we were clear on the type of material to be used In order to appease the Mr., the Installation Manager offered to refund $back to the homeowner if they chose to use Douglas Fir instead of CedarThe price difference between Top Choice Douglas Fir and Top Choice Cedar is approx$per board at ***Cedar is actually less expensive at a cost of $per board, while Douglas Fir costs $per boardHowever, the dimensions do differThe cedar comes in 5/4x6xand the Douglas Fir comes in 2x10xft boards The homeowner did not agree to accept the refund and insisted he wanted CedarTo satisfy the homeowner, the Installation Manager told the homeowner that we were willing to exchange the Douglas Fir for CedarThe original salesman also returned to the home and tried to resolve the issue with the homeownerThe homeowner told the Installation Manager that our services were no longer needed and that he hired another contractorAll this occurred in less than hoursThe installer from Ovation Restoration, LLC who started the tear down on the deck informed us that the homeowner conspired to cut Ovation Restoration, LLC out of the project and hired him (our employee) to finish the projectThe homeowner hired our installer directly and paid him under the table to finish the project in order to save moneyOur employee is unlicensed, uninsured, not bonded, not in compliance with tax withholdings, and does not bare the expense of advertising and business overhead, so of course he could finish the project at a lower cost Ovation Restoration, LLC has already invested considerable time, labor, materials, and money in the project, including paying sales commission, time, labor, and fuel to commute to job site to sign contracts, time, labor, and fuel to inspect and measure the project, time, labor, and fuel spent to travel to [redacted] to purchase and load materials, time, labor, and fuel to deliver and unload materials, material expenses, time and labor to tear off old decking structure, and time, labor, and fuel to return partial decking materials Not to mention, legal fees incurred to draft a letter to the homeownerAt this time, we regret to inform the homeowner that they are in breach of contract and are not entitled to a refund Please see attached photographs of cost difference between Cedar and Douglas FirAlso, see attached copy of our return policyOur attorney has possession of the original signed contract and change order which can be provided at a later date, if needed ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
RESPONSE TO BETTER BUSINESS LETTER OF 3/ 16/FOR [redacted] & [redacted] AGAINSTOVATION RESTORATION, LLC AND THEIR REPLY OF 3/ 17/ COMPLAINT ID [redacted] Ovation Restoration owned by Rick A [redacted] of Washougal, WA wrote: "We understand how frustrating it can be todeal with water damageUnfortunately there are several reasons why this project does not qualify for repair underour warranty."The first reason is that the warranty period is only good for one year after the date of install ."Our response: We only signed off that the work had been done as far as we knew itThere was no way wecould have gone through the wall to inspect a broken pipeThis was discovered in after our prospective homebuyer hired an inspector to inspect our homeHe used a water detection meter."The second reason is that the home owner signed off on all the work performed agreeing to waive his rights to awarranty in exchange for a cash settlementPlease see the attached documents signed by the homeownerHerequested to have a different shower/tub and agreed to have a different contractor install the replacement tub/showerunitHe signed agreeing to hold Ovation Restoration, LLC I 00% harmless of damage that may occurWe cannothonor a warranty on work that has been tampered with another contractor."Our response: The original contract called for a washower to replace a tub in the master bathroomAND a tub/shower unit to replace a tub in the hall bathroomThe damage from the cracked pipe occurred behind thewall of new washower in the master bathroom.The problem Mr [redacted] refers to in his response concerning the "waiver" which was for serious problems with thetub/shower in the hall bathroom, caused by Ovation Restoration's installation, and not for the problem in the masterbathroomThe problem he refers to concerns the hall bathroom caused when they installed a tub that was too smallto go into the existing spaceThe "waiver" was for $refunded for this small tub so we could purchase a largertub/shower and we agreed to have another contractor replace the tub, the surrounding wall covering and necessarywall alterationsThe new contractor found unorthodox plumbing work behind the wall as wellThis problem did notconcern the leak in the cracked pipe in the master bathroom so it was not mentioned in our complaint letter to Revdex.com."The third reason this job does not fall under our warranty policy (is) that from reading the description of theplumbing that was repaired, the pipe that was leaking would not have been a pipe that we would have replaced duringa typical shower or tub installationWe would have connected any new water valves that would have been installedinto existing plumbing."Our r·esponse: Mr [redacted] seems to be referring to problems with the hall bathroom, not the masterbathroom as detailed by the [redacted] invoice (See attached copy)The master bathroom was the one [redacted] brought Rick A [redacted] to look at on February 27, 2016.Since this issue is so complicated, we have constructed a timeline of our dealings withOvation Restoration, LLC, that will offer a clearer picture of our negotiationsWe are not even sure that thewarranty and contract are legal documents which we signed.We are still seeking to be reimbursed for the repairs made by [redacted] of$because therewas no way we could have detected such a problem, due to the fact that the cracked pipe was behind a solid wall, thatit only leaked when turned on, and also due to the fact that the house stood empty for nine months when water wasnot going through the cracked pipe, (during the warranty period), we believe the contractor should be responsible forthe kind of work he hires to be performedWe hope he does not treat other senior citizens the way he treated us [redacted] Please see attached documents [redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory at this time I will expect payment within days and if not paid I will open another complaint.Sincerely, [redacted]
Complaint: ***I am rejecting this response because:Mr A*** was fired because he became very angry and started using very inappropriate language when questioned about the material. Only $difference was offered. Does MrA*** understand what bate and switch means. Since when is it not ok to hire an unlicensed contractor for my personal home if I choose.Sincerely,*** *** ***
Your case against Ovation Restoration, LLC (Ovation) is unsubstantiatedYou claim a pipe in the master bathroom leakedHowever, it is not certain that the leaking pipe is a pipe that was installed by Ovation or was an existing pipe that was already in place before the remodel. Also, you notified Ovation you were planning on having another contractor come into the home to do further work on the bathroomBecause of this, Ovation did not feel comfortable extending a warranty on work that may have been altered by another contractorOvation offered you a cash settlement in exchange for a release of all liability related to the products installed and the work performed at your addressThe signed release of liability specifically states all work performedYou accepted the cash settlement and agreed to the terms of the settlement. Then, after the one year warranty period would have expired, you are seeking damages from Ovation claiming you could not have known the pipe was leaking during the warranty period (which you forfeited), because the house was vacant and no one had been using the showerUnused interior pipes in the winter can freeze if the temperature in the home is not kept above degrees. It is recommended that the pipes be left on to slightly drip to avoid freezingThe freezing temperatures we experienced this winter along with the home being vacant and the pipes not being used, could very well have been the cause of the pipe cracking and leaking. With all that being said, Ovation has an excellent reputation and we pride ourselves on great customer serviceIn the spirit of appeasing our customers, we are willing to reimburse $of the repair cost upon receiving a signed settlement agreement
Complaint: ***
I am rejecting this response because: - We had no way to discover a leak from a cracked pipe sealed behind a solid wall of our master bathroom, until a prospective buyer hired an inspector, who found the leak with use of a moisture meter. - the so-called waiver was written for our other hall bathroom for a $refund for a small tub which we replaced with a larger tub at our own expense. - We believe this contractor should pay for $for repairs we hired to fix the leak behind the wall left by Ovation's original installer because we had no way to discover that leak. The contractor who repaired the leak stated that the pipe only leaked when the water was turned on. This house was vacant for nine months and did not have water going through the pipes. How can such a warranty be binding? The waiver we signed was for work done in our other hall bathroom
Sincerely,
*** ***
Complaint: ***I am rejecting this response because: The refund has not arrived. It is now weeks waiting for the refund from the time I reported the overpayment to Mr A***.Sincerely,*** ***
We understand how frustrating it can be to deal with water damageUnfortunately, there are several reasons why this project does not qualify for repair under our warrantyThe first reason being that the warranty period is only good for one year after the date of installThe second season, it that
the homeowner signed off on all the work performed agreeing to waive his rights to a warranty in exchange for a cash settlementPlease see the attached documents signed by the homeownerHe requested to have a different shower/tub installed and agreed to have a different contractor install the replacement shower/tub unitHe signed agreeing to hold Ovation Restoration, LLC 100% harmless of damage that may occurWe cannot honor a warranty on work that has been tampered with by another contractorThe third reason this job does not fall under our warranty policy, it that from reading the description of the plumbing that was repaired, the pipe that was leaking would not have been a pipe we would have replaced during a typical shower or tub installationWe would have connected any new water valves that may have been installed into existing plumbingWe apologize we were no able to help you resolve this matter
Thank-you for your valued feedback about our companyProviding excellent customer service is our ultimate our goal and we deeply apologize that we failed to meet your standardsWe reviewed your complaint and agree that you do have some valid concernsIt is our company policy that our job sites
should always be tidied at the end of each workday and the debris removed in a timely mannerWe have counseled our installation teams and have put a system in place to hold them accountable to this policyWe understand you also had problems with schedulingWe have recently hired additional installers that will allow us more flexibility in schedulingWe are taking your feedback to heart and plan on working behind the scenes to make improvementsWe want to ensure we do not have similar complaints in the future
After researching this,
our records indicate that a refund check in the amount of $was mailed out on September 15thHowever, bank records show the check has not been cashed, so we will stop payment on that check and issue a new check in the amount of $If you do not receive the check within business days, please let us know
Complaint: ***I am rejecting this response because: MrA*** only offer not for the difference
MrA*** was not honest regarding the price of the material. According to *** *** my cost not contractor price is
for top quality fir, 12ft, a 10ft, 10.07,a 8ft was the material that was delivered was only 8ft fir
the price of cedar , is 5.625x6x12, is 20.97, 5.625x6x10, is 17.57, 5.625x6x, is
there seems to be a vast difference in the price of the material , Mr. A*** got the material from *** ***
MrA*** did not return the material ,the contractor I hired to complete the work return the material at my expense
Sincerely,*** ***
Ovation has a copy of a signed change order that states the material to be used for the deck is Fir. Ovation offered to issue a partial refund or to set aside the change order and complete the contract using cedar instead of fir. The homeowner was unwilling to work with Ovation to resolve the issue. Instead, the homeowner insisted on breeching the contract and using an unlicensed contractor to complete the project. Our contract specifically states that no refunds will be issued if the homeowner cancels the contract after the 3-day right of recession has expired. However, in order to reach a peaceful solution to this dispute, Ovation is willing to issue a partial refund after deducting expenses for time, fuel, labor, legal, and any materials used. We will calculate our expenses and get back to you with a figure within the week.
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory at this time.
I will expect payment within 7 days and if not paid I will open another complaint.Sincerely, [redacted]
I am writing to respond to customer complaint # [redacted] regarding a construction contract signed on or around June 17th, 2015 for a deck restore project. The homeowner is requesting the refund of their downpayment in the amount of...
$4000.00.
The contract explicitly states under the heading titled “Returns and Cancellations” that, “Upon the expiration of Buyer’s three (3) day right to cancel this Contract, Buyer may cancel the Contract upon notice to Ovation but in doing so Buyer will forfeit any down payment and all monies paid to Ovation, as of the date of Buyer’s cancelation and will be liable for all contact expenses, labor, and materials provided by Ovation under the contract as of the date of cancellation and may be held liable for the full Sale Price.” By signing the contract, the homeowner agreed to be bound by the terms of the contract and understood by canceling, they would forfeit their downpayment.
The initial contract contained an inconsistency in the description of the decking materials to be used to restore the deck surface. Upon noticing the inconsistency, the Installation Manager went out to the job site address and met with the Mrs. At that time, they discussed and clarified the type of material the homeowners’ desired to be used on the decking surface. The Mrs. signed a change order that spelled out Douglas Fir was to be used to restore all decking surfaces. The Change Order also contains the same Return and Cancellation clause as the original contract, so again, the Homeowner’s agreed they would not receive a refund of their downpayment if they chose to cancel either contract.
On or about July 25th, 2015, an installer from Ovation Restoration, LLC began to tear off the boards of homeowners’ deck. At that time, it was discovered that the deck structure underneath the deck surfaces were rotting in places and needed to be replaced, which was work not included in the original contract. Our installer began to replace the rotten structure using Douglas Fir. At that time, the Mr. came out to inspect the deck and told our installer that the materials were supposed to be Cedar, not Douglas Fir. The Mr. called up the Installation Manager and was very upset that the material was not Cedar, even though there was a Change Order signed to make sure we were clear on the type of material to be used.
In order to appease the Mr., the Installation Manager offered to refund $800.00 back to the homeowner if they chose to use Douglas Fir instead of Cedar. The price difference between Top Choice Douglas Fir and Top Choice Cedar is approx. $1.79 per board at [redacted]. Cedar is actually less expensive at a cost of $10.28 per board, while Douglas Fir costs $12.07 per board. However, the dimensions do differ. The cedar comes in 5/4x6x10 and the Douglas Fir comes in 2x10x12 ft boards.
The homeowner did not agree to accept the refund and insisted he wanted Cedar. To satisfy the homeowner, the Installation Manager told the homeowner that we were willing to exchange the Douglas Fir for Cedar. The original salesman also returned to the home and tried to resolve the issue with the homeowner. The homeowner told the Installation Manager that our services were no longer needed and that he hired another contractor. All this occurred in less than 48 hours. The installer from Ovation Restoration, LLC who started the tear down on the deck informed us that the homeowner conspired to cut Ovation Restoration, LLC out of the project and hired him (our employee) to finish the project. The homeowner hired our installer directly and paid him under the table to finish the project in order to save money. Our employee is unlicensed, uninsured, not bonded, not in compliance with tax withholdings, and does not bare the expense of advertising and business overhead, so of course he could finish the project at a lower cost.
Ovation Restoration, LLC has already invested considerable time, labor, materials, and money in the project, including paying sales commission, time, labor, and fuel to commute to job site to sign contracts, time, labor, and fuel to inspect and measure the project, time, labor, and fuel spent to travel to [redacted] to purchase and load materials, time, labor, and fuel to deliver and unload materials, material expenses, time and labor to tear off old decking structure, and time, labor, and fuel to return partial decking materials. Not to mention, legal fees incurred to draft a letter to the homeowner. At this time, we regret to inform the homeowner that they are in breach of contract and are not entitled to a refund.
Please see attached photographs of cost difference between Cedar and Douglas Fir. Also, see attached copy of our return policy. Our attorney has possession of the original signed contract and change order which can be provided at a later date, if needed.
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
RESPONSE TO BETTER BUSINESS LETTER OF 3/ 16/17 FOR [redacted] & [redacted] AGAINSTOVATION RESTORATION, LLC AND THEIR REPLY OF 3/ 17/ 17. COMPLAINT ID [redacted]Ovation Restoration owned by Rick A[redacted] of Washougal, WA wrote: "We understand how frustrating it can be todeal with water damage. Unfortunately there are several reasons why this project does not qualify for repair underour warranty."The first reason is that the warranty period is only good for one year after the date of install ."Our response: We only signed off that the work had been done as far as we knew it. There was no way wecould have gone through the wall to inspect a broken pipe. This was discovered in 2016 after our prospective homebuyer hired an inspector to inspect our home. He used a water detection meter."The second reason is that the home owner signed off on all the work performed agreeing to waive his rights to awarranty in exchange for a cash settlement. Please see the attached documents signed by the homeowner. Herequested to have a different shower/tub and agreed to have a different contractor install the replacement tub/showerunit. He signed agreeing to hold Ovation Restoration, LLC I 00% harmless of damage that may occur. We cannothonor a warranty on work that has been tampered with another contractor."Our response: The original contract called for a walk-in shower to replace a tub in the master bathroomAND a tub/shower unit to replace a tub in the hall bathroom. The damage from the cracked pipe occurred behind thewall of new walk-in shower in the master bathroom.The problem Mr [redacted] refers to in his response concerning the "waiver" which was for serious problems with thetub/shower in the hall bathroom, caused by Ovation Restoration's installation, and not for the problem in the masterbathroom. The problem he refers to concerns the hall bathroom caused when they installed a tub that was too smallto go into the existing space. The "waiver" was for $550 refunded for this small tub so we could purchase a largertub/shower and we agreed to have another contractor replace the tub, the surrounding wall covering and necessarywall alterations. The new contractor found unorthodox plumbing work behind the wall as well. This problem did notconcern the leak in the cracked pipe in the master bathroom so it was not mentioned in our complaint letter to Revdex.com."The third reason this job does not fall under our warranty policy (is) that from reading the description of theplumbing that was repaired, the pipe that was leaking would not have been a pipe that we would have replaced duringa typical shower or tub installation. We would have connected any new water valves that would have been installedinto existing plumbing."Our r·esponse: Mr [redacted] seems to be referring to problems with the hall bathroom, not the masterbathroom as detailed by the 2 [redacted] invoice (See attached copy). The master bathroom was the one[redacted] brought Rick A[redacted] to look at on February 27, 2016.Since this issue is so complicated, we have constructed a timeline of our dealings withOvation Restoration, LLC, that will offer a clearer picture of our negotiations. We are not even sure that thewarranty and contract are legal documents which we signed.We are still seeking to be reimbursed for the repairs made by 2 [redacted] of$776.00 because therewas no way we could have detected such a problem, due to the fact that the cracked pipe was behind a solid wall, thatit only leaked when turned on, and also due to the fact that the house stood empty for nine months when water wasnot going through the cracked pipe, (during the warranty period), we believe the contractor should be responsible forthe kind of work he hires to be performed. We hope he does not treat other senior citizens the way he treated us. [redacted]Please see attached documents. [redacted]
Response to Complaint ID of [redacted] I am writing to respond to customer complaint # [redacted] regarding a construction contract signed on or around June 17th, for a deck restore projectThe homeowner is requesting the refund of their downpayment in the amount of $ The contract explicitly states under the heading titled “Returns and Cancellations” that, “Upon the expiration of Buyer’s three (3) day right to cancel this Contract, Buyer may cancel the Contract upon notice to Ovation but in doing so Buyer will forfeit any down payment and all monies paid to Ovation, as of the date of Buyer’s cancelation and will be liable for all contact expenses, labor, and materials provided by Ovation under the contract as of the date of cancellation and may be held liable for the full Sale Price.” By signing the contract, the homeowner agreed to be bound by the terms of the contract and understood by canceling, they would forfeit their downpayment The initial contract contained an inconsistency in the description of the decking materials to be used to restore the deck surfaceUpon noticing the inconsistency, the Installation Manager went out to the job site address and met with the MrsAt that time, they discussed and clarified the type of material the homeowners’ desired to be used on the decking surfaceThe Mrssigned a change order that spelled out Douglas Fir was to be used to restore all decking surfacesThe Change Order also contains the same Return and Cancellation clause as the original contract, so again, the Homeowner’s agreed they would not receive a refund of their downpayment if they chose to cancel either contract On or about July 25th, 2015, an installer from Ovation Restoration, LLC began to tear off the boards of homeowners’ deckAt that time, it was discovered that the deck structure underneath the deck surfaces were rotting in places and needed to be replaced, which was work not included in the original contractOur installer began to replace the rotten structure using Douglas FirAt that time, the Mrcame out to inspect the deck and told our installer that the materials were supposed to be Cedar, not Douglas FirThe Mrcalled up the Installation Manager and was very upset that the material was not Cedar, even though there was a Change Order signed to make sure we were clear on the type of material to be used In order to appease the Mr., the Installation Manager offered to refund $back to the homeowner if they chose to use Douglas Fir instead of CedarThe price difference between Top Choice Douglas Fir and Top Choice Cedar is approx$per board at ***Cedar is actually less expensive at a cost of $per board, while Douglas Fir costs $per boardHowever, the dimensions do differThe cedar comes in 5/4x6xand the Douglas Fir comes in 2x10xft boards The homeowner did not agree to accept the refund and insisted he wanted CedarTo satisfy the homeowner, the Installation Manager told the homeowner that we were willing to exchange the Douglas Fir for CedarThe original salesman also returned to the home and tried to resolve the issue with the homeownerThe homeowner told the Installation Manager that our services were no longer needed and that he hired another contractorAll this occurred in less than hoursThe installer from Ovation Restoration, LLC who started the tear down on the deck informed us that the homeowner conspired to cut Ovation Restoration, LLC out of the project and hired him (our employee) to finish the projectThe homeowner hired our installer directly and paid him under the table to finish the project in order to save moneyOur employee is unlicensed, uninsured, not bonded, not in compliance with tax withholdings, and does not bare the expense of advertising and business overhead, so of course he could finish the project at a lower cost Ovation Restoration, LLC has already invested considerable time, labor, materials, and money in the project, including paying sales commission, time, labor, and fuel to commute to job site to sign contracts, time, labor, and fuel to inspect and measure the project, time, labor, and fuel spent to travel to [redacted] to purchase and load materials, time, labor, and fuel to deliver and unload materials, material expenses, time and labor to tear off old decking structure, and time, labor, and fuel to return partial decking materials Not to mention, legal fees incurred to draft a letter to the homeownerAt this time, we regret to inform the homeowner that they are in breach of contract and are not entitled to a refund Please see attached photographs of cost difference between Cedar and Douglas FirAlso, see attached copy of our return policyOur attorney has possession of the original signed contract and change order which can be provided at a later date, if needed ***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***
RESPONSE TO BETTER BUSINESS LETTER OF 3/ 16/FOR [redacted] & [redacted] AGAINSTOVATION RESTORATION, LLC AND THEIR REPLY OF 3/ 17/ COMPLAINT ID [redacted] Ovation Restoration owned by Rick A [redacted] of Washougal, WA wrote: "We understand how frustrating it can be todeal with water damageUnfortunately there are several reasons why this project does not qualify for repair underour warranty."The first reason is that the warranty period is only good for one year after the date of install ."Our response: We only signed off that the work had been done as far as we knew itThere was no way wecould have gone through the wall to inspect a broken pipeThis was discovered in after our prospective homebuyer hired an inspector to inspect our homeHe used a water detection meter."The second reason is that the home owner signed off on all the work performed agreeing to waive his rights to awarranty in exchange for a cash settlementPlease see the attached documents signed by the homeownerHerequested to have a different shower/tub and agreed to have a different contractor install the replacement tub/showerunitHe signed agreeing to hold Ovation Restoration, LLC I 00% harmless of damage that may occurWe cannothonor a warranty on work that has been tampered with another contractor."Our response: The original contract called for a washower to replace a tub in the master bathroomAND a tub/shower unit to replace a tub in the hall bathroomThe damage from the cracked pipe occurred behind thewall of new washower in the master bathroom.The problem Mr [redacted] refers to in his response concerning the "waiver" which was for serious problems with thetub/shower in the hall bathroom, caused by Ovation Restoration's installation, and not for the problem in the masterbathroomThe problem he refers to concerns the hall bathroom caused when they installed a tub that was too smallto go into the existing spaceThe "waiver" was for $refunded for this small tub so we could purchase a largertub/shower and we agreed to have another contractor replace the tub, the surrounding wall covering and necessarywall alterationsThe new contractor found unorthodox plumbing work behind the wall as wellThis problem did notconcern the leak in the cracked pipe in the master bathroom so it was not mentioned in our complaint letter to Revdex.com."The third reason this job does not fall under our warranty policy (is) that from reading the description of theplumbing that was repaired, the pipe that was leaking would not have been a pipe that we would have replaced duringa typical shower or tub installationWe would have connected any new water valves that would have been installedinto existing plumbing."Our r·esponse: Mr [redacted] seems to be referring to problems with the hall bathroom, not the masterbathroom as detailed by the [redacted] invoice (See attached copy)The master bathroom was the one [redacted] brought Rick A [redacted] to look at on February 27, 2016.Since this issue is so complicated, we have constructed a timeline of our dealings withOvation Restoration, LLC, that will offer a clearer picture of our negotiationsWe are not even sure that thewarranty and contract are legal documents which we signed.We are still seeking to be reimbursed for the repairs made by [redacted] of$because therewas no way we could have detected such a problem, due to the fact that the cracked pipe was behind a solid wall, thatit only leaked when turned on, and also due to the fact that the house stood empty for nine months when water wasnot going through the cracked pipe, (during the warranty period), we believe the contractor should be responsible forthe kind of work he hires to be performedWe hope he does not treat other senior citizens the way he treated us [redacted] Please see attached documents [redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory at this time I will expect payment within days and if not paid I will open another complaint.Sincerely, [redacted]
Complaint: ***I am rejecting this response because:Mr A*** was fired because he became very angry and started using very inappropriate language when questioned about the material. Only $difference was offered. Does MrA*** understand what bate and switch means. Since when is it not ok to hire an unlicensed contractor for my personal home if I choose.Sincerely,*** *** ***
Your case against Ovation Restoration, LLC (Ovation) is unsubstantiatedYou claim a pipe in the master bathroom leakedHowever, it is not certain that the leaking pipe is a pipe that was installed by Ovation or was an existing pipe that was already in place before the remodel. Also, you notified Ovation you were planning on having another contractor come into the home to do further work on the bathroomBecause of this, Ovation did not feel comfortable extending a warranty on work that may have been altered by another contractorOvation offered you a cash settlement in exchange for a release of all liability related to the products installed and the work performed at your addressThe signed release of liability specifically states all work performedYou accepted the cash settlement and agreed to the terms of the settlement. Then, after the one year warranty period would have expired, you are seeking damages from Ovation claiming you could not have known the pipe was leaking during the warranty period (which you forfeited), because the house was vacant and no one had been using the showerUnused interior pipes in the winter can freeze if the temperature in the home is not kept above degrees. It is recommended that the pipes be left on to slightly drip to avoid freezingThe freezing temperatures we experienced this winter along with the home being vacant and the pipes not being used, could very well have been the cause of the pipe cracking and leaking. With all that being said, Ovation has an excellent reputation and we pride ourselves on great customer serviceIn the spirit of appeasing our customers, we are willing to reimburse $of the repair cost upon receiving a signed settlement agreement
Complaint: ***
I am rejecting this response because: - We had no way to discover a leak from a cracked pipe sealed behind a solid wall of our master bathroom, until a prospective buyer hired an inspector, who found the leak with use of a moisture meter. - the so-called waiver was written for our other hall bathroom for a $refund for a small tub which we replaced with a larger tub at our own expense. - We believe this contractor should pay for $for repairs we hired to fix the leak behind the wall left by Ovation's original installer because we had no way to discover that leak. The contractor who repaired the leak stated that the pipe only leaked when the water was turned on. This house was vacant for nine months and did not have water going through the pipes. How can such a warranty be binding? The waiver we signed was for work done in our other hall bathroom
Sincerely,
*** ***
Complaint: ***I am rejecting this response because: The refund has not arrived. It is now weeks waiting for the refund from the time I reported the overpayment to Mr A***.Sincerely,*** ***
We understand how frustrating it can be to deal with water damageUnfortunately, there are several reasons why this project does not qualify for repair under our warrantyThe first reason being that the warranty period is only good for one year after the date of installThe second season, it that
the homeowner signed off on all the work performed agreeing to waive his rights to a warranty in exchange for a cash settlementPlease see the attached documents signed by the homeownerHe requested to have a different shower/tub installed and agreed to have a different contractor install the replacement shower/tub unitHe signed agreeing to hold Ovation Restoration, LLC 100% harmless of damage that may occurWe cannot honor a warranty on work that has been tampered with by another contractorThe third reason this job does not fall under our warranty policy, it that from reading the description of the plumbing that was repaired, the pipe that was leaking would not have been a pipe we would have replaced during a typical shower or tub installationWe would have connected any new water valves that may have been installed into existing plumbingWe apologize we were no able to help you resolve this matter
Thank-you for your valued feedback about our companyProviding excellent customer service is our ultimate our goal and we deeply apologize that we failed to meet your standardsWe reviewed your complaint and agree that you do have some valid concernsIt is our company policy that our job sites
should always be tidied at the end of each workday and the debris removed in a timely mannerWe have counseled our installation teams and have put a system in place to hold them accountable to this policyWe understand you also had problems with schedulingWe have recently hired additional installers that will allow us more flexibility in schedulingWe are taking your feedback to heart and plan on working behind the scenes to make improvementsWe want to ensure we do not have similar complaints in the future
After researching this,
our records indicate that a refund check in the amount of $was mailed out on September 15thHowever, bank records show the check has not been cashed, so we will stop payment on that check and issue a new check in the amount of $If you do not receive the check within business days, please let us know
Complaint: ***I am rejecting this response because: MrA*** only offer not for the difference
MrA*** was not honest regarding the price of the material. According to *** *** my cost not contractor price is
for top quality fir, 12ft, a 10ft, 10.07,a 8ft was the material that was delivered was only 8ft fir
the price of cedar , is 5.625x6x12, is 20.97, 5.625x6x10, is 17.57, 5.625x6x, is
there seems to be a vast difference in the price of the material , Mr. A*** got the material from *** ***
MrA*** did not return the material ,the contractor I hired to complete the work return the material at my expense
Sincerely,*** ***
The office manager will research this and process the refund.
Ovation has a copy of a signed change order that states the material to be used for the deck is Fir. Ovation offered to issue a partial refund or to set aside the change order and complete the contract using cedar instead of fir. The homeowner was unwilling to work with Ovation to resolve the issue. Instead, the homeowner insisted on breeching the contract and using an unlicensed contractor to complete the project. Our contract specifically states that no refunds will be issued if the homeowner cancels the contract after the 3-day right of recession has expired. However, in order to reach a peaceful solution to this dispute, Ovation is willing to issue a partial refund after deducting expenses for time, fuel, labor, legal, and any materials used. We will calculate our expenses and get back to you with a figure within the week.
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory at this time.
I will expect payment within 7 days and if not paid I will open another complaint.Sincerely, [redacted]
Response to Complaint ID of [redacted]
I am writing to respond to customer complaint # [redacted] regarding a construction contract signed on or around June 17th, 2015 for a deck restore project. The homeowner is requesting the refund of their downpayment in the amount of...
$4000.00.
The contract explicitly states under the heading titled “Returns and Cancellations” that, “Upon the expiration of Buyer’s three (3) day right to cancel this Contract, Buyer may cancel the Contract upon notice to Ovation but in doing so Buyer will forfeit any down payment and all monies paid to Ovation, as of the date of Buyer’s cancelation and will be liable for all contact expenses, labor, and materials provided by Ovation under the contract as of the date of cancellation and may be held liable for the full Sale Price.” By signing the contract, the homeowner agreed to be bound by the terms of the contract and understood by canceling, they would forfeit their downpayment.
The initial contract contained an inconsistency in the description of the decking materials to be used to restore the deck surface. Upon noticing the inconsistency, the Installation Manager went out to the job site address and met with the Mrs. At that time, they discussed and clarified the type of material the homeowners’ desired to be used on the decking surface. The Mrs. signed a change order that spelled out Douglas Fir was to be used to restore all decking surfaces. The Change Order also contains the same Return and Cancellation clause as the original contract, so again, the Homeowner’s agreed they would not receive a refund of their downpayment if they chose to cancel either contract.
On or about July 25th, 2015, an installer from Ovation Restoration, LLC began to tear off the boards of homeowners’ deck. At that time, it was discovered that the deck structure underneath the deck surfaces were rotting in places and needed to be replaced, which was work not included in the original contract. Our installer began to replace the rotten structure using Douglas Fir. At that time, the Mr. came out to inspect the deck and told our installer that the materials were supposed to be Cedar, not Douglas Fir. The Mr. called up the Installation Manager and was very upset that the material was not Cedar, even though there was a Change Order signed to make sure we were clear on the type of material to be used.
In order to appease the Mr., the Installation Manager offered to refund $800.00 back to the homeowner if they chose to use Douglas Fir instead of Cedar. The price difference between Top Choice Douglas Fir and Top Choice Cedar is approx. $1.79 per board at [redacted]. Cedar is actually less expensive at a cost of $10.28 per board, while Douglas Fir costs $12.07 per board. However, the dimensions do differ. The cedar comes in 5/4x6x10 and the Douglas Fir comes in 2x10x12 ft boards.
The homeowner did not agree to accept the refund and insisted he wanted Cedar. To satisfy the homeowner, the Installation Manager told the homeowner that we were willing to exchange the Douglas Fir for Cedar. The original salesman also returned to the home and tried to resolve the issue with the homeowner. The homeowner told the Installation Manager that our services were no longer needed and that he hired another contractor. All this occurred in less than 48 hours. The installer from Ovation Restoration, LLC who started the tear down on the deck informed us that the homeowner conspired to cut Ovation Restoration, LLC out of the project and hired him (our employee) to finish the project. The homeowner hired our installer directly and paid him under the table to finish the project in order to save money. Our employee is unlicensed, uninsured, not bonded, not in compliance with tax withholdings, and does not bare the expense of advertising and business overhead, so of course he could finish the project at a lower cost.
Ovation Restoration, LLC has already invested considerable time, labor, materials, and money in the project, including paying sales commission, time, labor, and fuel to commute to job site to sign contracts, time, labor, and fuel to inspect and measure the project, time, labor, and fuel spent to travel to [redacted] to purchase and load materials, time, labor, and fuel to deliver and unload materials, material expenses, time and labor to tear off old decking structure, and time, labor, and fuel to return partial decking materials. Not to mention, legal fees incurred to draft a letter to the homeowner. At this time, we regret to inform the homeowner that they are in breach of contract and are not entitled to a refund.
Please see attached photographs of cost difference between Cedar and Douglas Fir. Also, see attached copy of our return policy. Our attorney has possession of the original signed contract and change order which can be provided at a later date, if needed.
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
RESPONSE TO BETTER BUSINESS LETTER OF 3/ 16/17 FOR [redacted] & [redacted] AGAINSTOVATION RESTORATION, LLC AND THEIR REPLY OF 3/ 17/ 17. COMPLAINT ID [redacted]Ovation Restoration owned by Rick A[redacted] of Washougal, WA wrote: "We understand how frustrating it can be todeal with water damage. Unfortunately there are several reasons why this project does not qualify for repair underour warranty."The first reason is that the warranty period is only good for one year after the date of install ."Our response: We only signed off that the work had been done as far as we knew it. There was no way wecould have gone through the wall to inspect a broken pipe. This was discovered in 2016 after our prospective homebuyer hired an inspector to inspect our home. He used a water detection meter."The second reason is that the home owner signed off on all the work performed agreeing to waive his rights to awarranty in exchange for a cash settlement. Please see the attached documents signed by the homeowner. Herequested to have a different shower/tub and agreed to have a different contractor install the replacement tub/showerunit. He signed agreeing to hold Ovation Restoration, LLC I 00% harmless of damage that may occur. We cannothonor a warranty on work that has been tampered with another contractor."Our response: The original contract called for a walk-in shower to replace a tub in the master bathroomAND a tub/shower unit to replace a tub in the hall bathroom. The damage from the cracked pipe occurred behind thewall of new walk-in shower in the master bathroom.The problem Mr [redacted] refers to in his response concerning the "waiver" which was for serious problems with thetub/shower in the hall bathroom, caused by Ovation Restoration's installation, and not for the problem in the masterbathroom. The problem he refers to concerns the hall bathroom caused when they installed a tub that was too smallto go into the existing space. The "waiver" was for $550 refunded for this small tub so we could purchase a largertub/shower and we agreed to have another contractor replace the tub, the surrounding wall covering and necessarywall alterations. The new contractor found unorthodox plumbing work behind the wall as well. This problem did notconcern the leak in the cracked pipe in the master bathroom so it was not mentioned in our complaint letter to Revdex.com."The third reason this job does not fall under our warranty policy (is) that from reading the description of theplumbing that was repaired, the pipe that was leaking would not have been a pipe that we would have replaced duringa typical shower or tub installation. We would have connected any new water valves that would have been installedinto existing plumbing."Our r·esponse: Mr [redacted] seems to be referring to problems with the hall bathroom, not the masterbathroom as detailed by the 2 [redacted] invoice (See attached copy). The master bathroom was the one[redacted] brought Rick A[redacted] to look at on February 27, 2016.Since this issue is so complicated, we have constructed a timeline of our dealings withOvation Restoration, LLC, that will offer a clearer picture of our negotiations. We are not even sure that thewarranty and contract are legal documents which we signed.We are still seeking to be reimbursed for the repairs made by 2 [redacted] of$776.00 because therewas no way we could have detected such a problem, due to the fact that the cracked pipe was behind a solid wall, thatit only leaked when turned on, and also due to the fact that the house stood empty for nine months when water wasnot going through the cracked pipe, (during the warranty period), we believe the contractor should be responsible forthe kind of work he hires to be performed. We hope he does not treat other senior citizens the way he treated us. [redacted]Please see attached documents. [redacted]