Pinnacle Construction

This client came in and purchased all of these pictures on Attached you will find her initials next to each printed item that she ordered You will also find (page 3) her signature on for the entire orderThe contract she signed states the following: "Thank you for choosing Glamour Shots Due to the nature of our business, ALL SALES ARE FINAL All orders are transmitted via DSL internet and put into production immediatelyNo changes or modifications to your order can be made once the order is placed, therefore, making all sales finalThe receipt shows your order exactly how it was order and what will be printed..." As you can see, to eliminate any confusion, we are more then clear when specifying exactly what the client ordered, and that there will be no refunds granted once the order is placed and signed for.Furthermore, [redacted] came to pick up her order, asked for additional edits, which we redid for her at absolutely no charge To clarify, there is no pressure to sign up for synchrony financing We actually prefer clients to pay same day due to high percentages we pay to use synchrony Synchrony is not meant for future purchases, it gives clients months interest free the day of (You will find the sales receipt, specifying the exact amount she spent attached).We do not have a sales rep named Lisa, in fact I personally assisted [redacted] (my name, Cara, is also on the top of her invoice) Her photographer most definitely was not a "Lisa" either, it was a man named KinUnfortunately there is no truth in anything the client is statingWe will not be refunding [redacted] .Best,Cara L [redacted] *Owner

We just had our house and separate garage roofed by Kris [redacted] , Pinnacle Roofing & Construction and we couldn't be happier with their work! We highly recommend them to anyone who needs a new roof on their homeKris stands behind his word and is someone you can trust to ensure a job well done! We give them a star rating! You will not be disappointed!

This is a great company! The owner is very nice, professional, listened to what I needed and wanted, explained everything and it all happened like he said it would. I got a beautiful roof and even contracted him for another project. I plan on using them in the future for other project I have planned. His team are professional, respectful, cleaned up after themselves, and friendly. I can not say enough about this company. The owner knows what he is doing and explains everything to you.

This is a great company! The owner is very nice, professional, listened to what I needed and wanted, explained everything and it all happened like he said it would I got a beautiful roof and even contracted him for another project I plan on using them in the future for other project I have planned His team are professional, respectful, cleaned up after themselves, and friendly I can not say enough about this company The owner knows what he is doing and explains everything to you

I have an old house with a flat roof that leakedI had been told that the roof had been replaced a couple of years ago, but found out it had just been sprayed with sealant and patchedA small leak turned into a nightmare after we had about eleven inches of rain in a couple of weeksI had never had to deal with such a problemI was stressed out and frustrated after I googled multiple roofing companies that failed to follow throughFinally, I called Kris D*** at Pinnacle ConstructionI called him on a rainy FridayMonday he came and gave me an estimate, and by Saturday I had a new roofKris was patient and explained everything step by stepHe helped me decide what needed to be doneHis crew worked from sunrise to sunsetThey were courteous and professionalI highly recommend Pinnacle Construction and plan to use them in other major repairs

We just had our house and separate garage roofed by Kris ***, Pinnacle Roofing & Construction and we couldn't be happier with their work! We highly recommend them to anyone who needs a new roof on their homeKris stands behind his word and is someone you can trust to ensure a job well done! We give them a star rating! You will not be disappointed!

This client came in and purchased all of these pictures on 4/**/16.  Attached you will find her initials next to each printed item that she ordered.  You will also find (page 3) her signature on for the entire order. The contract she signed states the following: "Thank...

you for choosing Glamour Shots.  Due to the nature of our business, ALL SALES ARE FINAL.  All orders are transmitted via DSL internet and put into production immediately. No changes or modifications to your order can be made once the order is placed, therefore, making all sales final..... The receipt shows your order exactly how it was order and what will be printed..." As you can see, to eliminate any confusion, we are more then clear when specifying exactly what the client ordered, and that there will be no refunds granted once the order is placed and signed for.Furthermore, [redacted] came to pick up her order, asked for additional edits, which we redid for her at absolutely no charge.  To clarify, there is no pressure to sign up for synchrony financing.  We actually prefer clients to pay same day due to high percentages we pay to use synchrony.  Synchrony is not meant for future purchases, it gives clients 6 months interest free the day of.  (You will find the sales receipt, specifying the exact amount she spent attached).We do not have a sales rep named Lisa, in fact I personally assisted [redacted]. (my name, Cara, is also on the top of her invoice) Her photographer most definitely was not a "Lisa" either, it was a man named Kin. Unfortunately there is no truth in anything the client is stating. We will not be refunding [redacted].Best,Cara L[redacted]Owner

The individual who runs this company has been exrtemely dishonest with his business dealings. He's unlicensed as a contractor in both Texas and Arkansas, yet he has advertised as such in these states. He has a judgment against him, and also scammed my family members of $14,000. He performed good work in the past, but now he's conned money, and calls it his money. He asked for $7,000 upfront, but didn't perform all the work he was paid to do like he said he would, and even used the money to pay other people to perform unprofessional work. He then came back for another $7000 dollars, and cashed the check within a few minutes, only using a fraction of the money to buy materials, and never finished the labor. Beware people! He was belligerent in his actions when conning money. He didn't itemize his work, and said that he didn't even have to itemize his work. He threatened court action when he is the one in wrong doings. He ordered subpar types of materials without consulting first. He left the doors unlocked to the home, and never contacted them about returning the key. You will rue the day that you ever met him for contract work. The "F rating" that he has on the Revdex.com website as of August 14, 2015, is justifiably reflective of his practices. I hope that this review reaches other customers before dealing with him. "Note that I have not slandered him by naming him, or by calling him derogatory names, and have only described the experience"

Review: Hired Pinnacle Construction ([redacted]) January, 2013. Signed contract, went over changes not on plans, which was noted and acknowledged on contract agreement. Construction went along fine until we questioned the purchase of cheap baseboards. Since we spent a lot of money on the remodel, cheap baseboards, was not what we had in mind nor wanted. Per signed agreement Contractor was supposed to discuss with us before purchasing. He did not then argued adamantly that he did. Relationship for some reason turned sour at this point after he lied that we told him to do "whatever". He hired a sub contractor who totally messed up our walls but putting heaving orange peel and having sprayer stick in multiple locations. Asked him to fix, he said he would then tried to blame us. As project got close to completion he would come around to do something for a couple of days then ask for a check. He would disappear for weeks on end with no calls or explanation. WE had an invoice that we would not pay until he finished his punch list. We emailed back and forth then he came on 9/19 to discuss. He agreed to come the following Monday to complete the punch list. He never showed up again leaving us to believe that for the last time he walked off the job. We were not going to continue to chase him. In addition, he attempted to charge us for things that "were" in the contract. He gave us advice on mirror size for master bathroom, he had electrician place electricity for sconces, mirror was wrong size then he charged us $450 to fix it. He did an awful job that had to be re-done) so we were out over $750 for his mistake plus paid for electrical we could not use. We had 2 new "still in box" items stolen by workers, he broke the glass in the door (then denied he did it, it was a flaw in the door), he broke a mirror on Roburn lighted mirror in master bathroom and didn't let us know. Main complaint is his not taking responsibility and not completing the project. He became aggressive when confronted.Desired Settlement: Refund the cost we will incur to complete the project and fix all the mistakes his workers did on our house during a complete remodel.

Business

Response:

I would like to respond to this complaint with just the facts, but unfortunately the owners have decided to add their own lies and fabrications to what turned out to be a beatifully completed remodel of their residence. The bottom line is they changed their minds numerrous times throughout the construction, hired other contractors directly under their own supervision and not mine, decided to purchase construction materials on their own and asked for additional work to be done. After receiving the bill for the extras they have decided not to pay any of it even though my subcontractors and myself met with them and they admitted that the work was completed.

Before I started work on their house they had just "almost" completed a remodel projet with another contractor, however, for reasons unknown to me they didn't have him finish the work and instead asked me to finalize the building permit and get the final inspection; which I did. I should have talked with the other contractor, because it looks like this may be a pattern with these people.

In regards to the "cheap" baseboard that they say I purchased, I was just installing the same baseboard that the previous contractor had started before I was hired. I asked them if they wanted to change the base, but they said what he used would be fine, however, they were out shopping and came accross something they liked better. They decided to change the base at that time, but only after it had been at their house a full week and we had already painted it. Of course I was not happy, especially when they said I did not give them a choice, but I never became angry and violent as they portray. I have never even raised my voice to them, but one thing I can say about the owner's girl friend; she has no problem raising her voice and shouting out four letter words (or putting them in emails for that matter).

Unfortunately, these people have distorted the facts and do not want to pay for what they have contracted for.

Consumer

Response:

I am rejecting this response because:

Responses are in blue.

[R[redacted] Herman for Pinnacle Construction] I would like to respond to this complaint with just the facts, but unfortunately the owners have decided to add their own lies and fabrications to what turned out to be a beatifully completed remodel of their residence.

[Owner's Response] ...and therefore you are going to respond with your own lies and fabrications???...which is just what you've done here. If you are going to give the facts, then give the facts – instead of some fabrications you just conjured up in your own mind! We submitted no “lies and fabrications” at all. We merely stated what you had done. But we will get into more of the specifics here, since that is apparently what you want. And this will be the truth! And this is what YOU asked for, R[redacted] – an explanation of why we feel like we do!

First, we have already paid R[redacted] Herman and Pinnacle (hereinafter “R[redacted]”) the entire contract amount. He doesn't mention that at all. We were warned not to pay the entire contract amount until he completed the entire contract. None-theless, we paid R[redacted] the entire contract amount, as set forth in the contract document (the one R[redacted] drew up) signed by both parties, with us knowing that all of the work required under the contract had not yet been completed. We trusted R[redacted]...a bad mistake in judgment on our part. There are no additional written documents regarding any changes in the work.

When we examined R[redacted]'s original contract proposal to us, we didn't believe it was realistic. So we returned it to R[redacted], telling him that we wanted him to go through his costing of his proposal because we didn't want any surprises when the work was completed. R[redacted] submitted a second proposal that increased his original bid price by just over 50%. We then went through that proposal, and again we discussed with R[redacted], in detail and thoroughly, everything we wanted to have done, and we returned that proposal to R[redacted] again, telling him to go through it once more, including all of the items we had just discussed thoroughly with him, stating again that we did NOT want any surprises in the costs when the work was completed. And again R[redacted] came back to us with a proposal that was costed out at about another additional 30% higher than his original proposal (for an additional 80% above his original proposal's cost). We discussed with R[redacted] whether he was he sure that he could complete the entire project without any cost overruns. He assured us; he was positive.

The contract itself shows that Pinnacle was not hired to construct or install the island; that would be done by the vendor of the cabinets. The only items that Pinnacle would provide to the island were the electrical lead into it and some electrical outlets. It's all in the contract. R[redacted] knew about this prior to our signing of the contract. No surprise or change there. IT'S IN THE CONTRACT!

Prior to completing all of the work called for by and under the terms of our contract, R[redacted] just walked away from the job with no notice to us at all or any warning that he was leaving, and we heard nothing from him for 5 weeks or so. Then R[redacted] appeared one day to ask for more money, a sum in the amount of some 15% of the final total contract amount agreed upon in our contract. We refused to give him any additional money, or even to discuss with him any additional payment until he completed all of the work called for by and under the terms of the contract both parties had signed. He left without receiving any additional funds from us. But we had his additional bill for $7600+ dollars, and the work required under the contract was still not completed.

Since we had paid the amount on the contract that was agreed upon, we were not paying a penny more until the rest of the work that we paid for in that contract was completed. R[redacted] never completed it.

So, there was still more to be done. One day R[redacted] called to discuss when he was going to be paid additional funds. We told him that he would NOT be paid anything more until all of the work required under the terms of the contract had been completed. (He was NOT told that when he completed the punch list items, he WOULD be paid anything more, but at that point, I (Don) was willing to negotiate those additional charges with R[redacted].) He asked what still needed to be done. I told him that there were many items and began stating them. With each one, R[redacted] replied using words like that item was merely “a punch list item” or “a trivial correction,” to which our reply was only: “Then do it!” After attempting during that phone call to tell R[redacted] what was on our punch list, but prior to our complete itemization of everything that still needed to be done, R[redacted] volunteered to “come over to our house” later that week to see and make a complete punch list of items yet to be done. R[redacted] then came over to our home and spent about 2 hours going through it with our pointing out items that still needed to be completed or corrected, and R[redacted] left that morning after stating that he thought it would not take 2 people more than 2 days to complete everything on his punch list. He then told us that he would come over on Monday, September 9 (as I recall), to complete everything.

R[redacted] was usually punctual, arriving on or about 8am on days he was expected. He just didn't show up that Monday, and he made no attempt to contact us to tell us that he wouldn't be there at all that day – or any other day, for that matter. Neither R[redacted] nor any of his crew showed up. But we waited for him all day that Monday! We haven't seen him since.

Except for punch list items...which R[redacted] later demonstrated that he was not going to correct or even address...the original job was substantially completed on or around June 15 and we were still discussing all of this in September.

[R[redacted]] The bottom line is they changed their minds numerous times through-out the construction, hired other contractors directly under their own supervision and not mine, decided to purchase construction materials on their own and asked for additional work to be done. After receiving the bill for the extras they have decided not to pay any of it even though my subcontractors and myself met with them and they admitted that the work was completed.

[Owner's Response] We did not change our mind numerous times. We were unsure of the exact type of whirlpool bathtub we would have, but we knew it would not just be a plain ol' tub. Prior to signing the contract, we discussed in detail with R[redacted] that it would be some sort of Whirlpool tub. R[redacted] assured us that its installation would be “no problem.” The tub stood on end, boxed, in our garage, for several weeks before its box was opened to see what was required to install it. The company that manufactures that tub, and plumbing retailers who sell this very item, state that its installation is not unique, and the entire installation has been engineered in such a way that very few connections are required, and none of them are unusual. Problems occurred because R[redacted] went ahead with other construction, closing up walls around where the tub would be, before he looked at where plumbing connections to the tub would be required. Any additional work required here was not an extra. If any unexpected charge occurred, that should be between the Contractor and the Plumber. If the plumber thinks that he should receive more for his work, we would not dispute that – because that's between the Contractor and the Plumber. The home owner is not in the middle of that one, nor should we be billed more because of it.

We weren't sure if we wanted track lighting or pendants, but after discovering the cost for track lighting, we decided to stay with pendants which our home was originally wired for by R[redacted]'s Electricians. This caused R[redacted] no problem. If there is anything else R[redacted] claims we changed, please let us know what it was.

We were supposed to buy (and we did buy) all of the tile, hardware, fixtures, vanities, mirrors, shower glass, etc., which was not included in R[redacted]'s bid. We bought our own kitchen cabinets. All of this is in the contract which we both agreed upon. We HAD to hire an electrician to install the pendants. Why? 1) we needed the electrical outlets covered after R[redacted] installed the back splash, disappeared, and left exposed wires hanging out of the wall for several weeks; 2) R[redacted] insisted that his additional bill of $7600+ be paid before he would bring his electrician back to do anything. We needed lights, so what did R[redacted] expect us to do? The wires were exposed, with no working electrical outlets in our kitchen until he decided to show up again to complete that work...which was already covered by the contract. And the contract amount for that work has already been paid to R[redacted]...but the contract work had not (and still has not) been completed by R[redacted] or his Company, Pinnacle Construction.

We also hired a handyman to install the closets that R[redacted] never installed. When R[redacted] first gave us a credit for purchasing and installing the closet doors, which is specified in the contract as the Contractor's responsibility, he lied to us, telling us that the credit to us would be $375 if we purchased and installed the master bedroom and the office closet doors, a total of 6 sliding doors and their 3 separate tracks (floor and ceiling), and their installation. After our checking on prices, we knew that R[redacted]'s $375 number could not be correct because our closets were 2 large, odd sized closets, each with 3 sliding doors per closet. Since R[redacted]'s amount was so small, we told R[redacted] to buy and install them. He then emailed back and said he had made a mistake; the cost was $675. So we told R[redacted] that we would accept the $675 credit and handle the selection, purchase, and installation of the closet doors ourselves. (The amount we paid for the purchase and installation of the 6 sliding closet doors was in excess of several thousand dollars. But they were not contractor grade items, and we are very happy with them now.)

We subsequently received R[redacted]'s final “extras” bill, and we told him it was just unreasonably high. The reason why it was high is that his original estimate had already jumped twice, first by 50% of his original bill, and then by another 30% of the original bill – because we wanted to make sure everything was included; no billing surprises to complete all of the work. When discussing with R[redacted] that his “final” extras bill was more than an additional 15% of his final contract bid – for some simple things – he had agreed in his email to us that, “Yes, this bill seemed much too high,” to him, too, but he blamed this on the size of his Sub-contractors' bills to him. One reason it was high is because he billed us $1250 for an installation that was in the contract (but, because of this “inadvertent error,” which happened every time a bill was submitted to us for extras, we had to scrutinize that bill very carefully in order to remove everything that didn't belong there). Did he really think we thought it was “merely” an oversight on his part? Obviously “NOT.” He clearly wanted to see what he could get away with. We also specifically asked him NOT to bring the Electrician or the Plumber to a meeting in our home to discuss the bills for extras because that isn't what we wanted to discuss. We wanted to discuss what he was doing to complete the remodel and finish those things required by the contract that we had already paid for. He totally ignored our wishes and did what he wanted, and he brought both of those Subcontractors to our meeting, and the matters we wanted to discuss were not addressed at all.

[R[redacted]] Before I started work on their house they had just "almost" completed a remodel projet with another contractor, however, for reasons unknown to me they didn't have him finish the work and instead asked me to finalize the building permit and get the final inspection; which I did. I should have talked with the other contractor, because it looks like this may be a pattern with these people.

[Owner's Response] Many “facts” R[redacted] states above are both irrelevant and incorrect, and many are not even facts at all, but R[redacted]'s own personal thoughts. We will fill in the facts. The job R[redacted] refers to WAS finished, but the permit was not signed off. And R[redacted] did no work on that part of the house to get the permit signed off. (Note: R[redacted] even put in the contract he wrote that no work was to be done by him in that part of the house. Why ??? Because it WAS finished.) He merely made a phone call to the Camarillo Building Department to schedule a final inspection, at most a minor inconvenience. We did ask him to fix one pocket door installed by that other contractor, which he said he could do (and he told us that all 3 of those already installed pocket doors needed to be fixed, but we only were concerned with the one pocket door), and he charged us an additional $300 to fix that one pocket door, which we paid. But after his “botched” attempt at fixing it, that pocket door still doesn't work or slide well or even any better than it did before he worked on it. The reason we are no longer working with that original contractor is that his job was completed. We then went out for bids on the remainder of our home, and we invited that other Contractor to bid on the job, but R[redacted] and Pinnacle Construction won the bid...after three (3) rounds of negotiations with him to make sure that there would be no financial “surprises” at the end of the work. And it must be noted that at each of those renegotiation sessions, the contract price increased substantially, and we accepted those increases so there would be no unexpected price increases arriving after all of the work was done.

[R[redacted]] In regard to the "cheap" baseboard that they say I purchased, I was just installing the same baseboard that the previous contractor had started before I was hired. I asked them if they wanted to change the base, but they said what he used would be fine, however, they were out shopping and came accross something they liked better. They decided to change the base at that time, but only after it had been at their house a full week and we had already painted it. Of course I was not happy, especially when they said I did not give them a choice, but I never became angry and violent as they portray. I have never even raised my voice to them, but one thing I can say about the owner's girl friend; she has no problem raising her voice and shouting out four letter words (or putting them in emails for that matter).

[Owner's Response] Here R[redacted] says, “I was just installing...” No, he wasn't. He hadn't begun installing any of that baseboard. Yes, the same baseboards were installed by the other contractor, but in a totally separate part of the house which cannot be seen from the main area because it is down a hallway. Bottom line: The contract states that Pinnacle will discuss with us the type of baseboard to be installed. That was never done! Neither of us ever accepted it or said that it would be fine or acceptable. R[redacted] is attempting to put words in our mouths. Why would we spend so much money on the house and then install the lowest Contractor grade of baseboard. It doesn't make sense, and as a Contractor, R[redacted] should have known that, since we didn't put Contractor's grade anything anywhere else in the area of the home that he was working in. When we saw that R[redacted] was going to install the lowest grade of baseboards, we both said that we can't let this happen. It'll look cheap. We didn't spend the amount of money we spent to have our Great Room look cheap due to a lack of attention to a minor detail. We were never just “out shopping” for baseboard. We made a special trip to a specialty store, Mayan Hardwood, in Oxnard. Yes, we bought and had the baseboard brought to our house, but did R[redacted] ever once talked to us about it as required by our contract which both of us signed?

But so what? How did our purchasing alternate baseboard harm R[redacted] in any way? It did not hold him up in the work he had to do. He didn't lose any money. We painted it so he wouldn't have to repaint any baseboard. He could just pick up a totally prepared baseboard and install it. Handling the newer baseboard was just as simple as handling the baseboard he bought. What did he do? He pouted and then THREW the baseboard he bought for us out into the middle of our living room floor.

We purchased the baseboard we preferred and we didn't ask R[redacted] to purchase or get it to our home or paint it. We spent the weekend painting it, 2 coats, so it would be ready for R[redacted] when he wanted to use it. All he had to do was install a different piece of lumber from the one he bought. No extra work at all was required of him, nor did we ask him to buy the baseboard we wanted after he had already bought some other baseboard. But, like a 5-year-old child, he threw the baseboard he had purchased and painted into the middle of our living room, right in the way of traffic flow. We even told him that he could have (at no cost to him) the baseboard he had purchased, so that he might be able to use it on another of his jobs. Actually, we don't understand AT ALL his response to our replacing what he bought, before he even installed it, or his angry response of throwing it care-lessly into the middle of a room that everyone had to walk though all day to get things done!

R[redacted] admitted he became upset when we bought and painted this replacement baseboard, but R[redacted], pay attention: I (C[redacted]) never said you were violent. I said you were “aggressive”; it's different, raising your voice, arguing, etc., is aggressive behavior, and you were aggressive with me more than once. When we brought the other baseboard in, which we personally paid for, I asked you to just leave the other baseboards. What did you do, you threw them in the middle of the floor, in the path where everyone walks. How could I tell you threw them?… by the way they were lying scattered in a pile on the floor. This is not a reaction I expected from a grown man claiming to be a professional, but more like a 5-year- old throwing a tantrum. Our relationship was never the same, and after this outburst of anger, for no reason, there remained a tension and sense of animosity between R[redacted] and me.

From C[redacted]: When did you ever hear me use a 4-letter word, R[redacted]? I'll admit I once put the “f_ _ _”–word in an email. I plead guilty to that, but I was at my wits end from your going back and forth with a 77 year old, when we had given you ample time to complete the work you had contracted to do, and both of us were tired of your lame excuses. We wanted the house completed. You had from May, when we first pointed out to you some fixes were needed, until September. Finally, I said enough is enough, we were tired of your games. You're lucky that's all I wrote (one cuss word) under the circumstances.

Another item. The kitchen was to be entirely modified and upgraded. The 1978 kitchen stove and its hood were to be eliminated, and a new range-top and its hood were to be installed on the opposing wall. There is no specific provision in the contract for payment to Pinnacle for installing the new hood because the installation of ALL appliances was included as a provision of the contract. As work was nearing completion, R[redacted] took the position that this hood installation was “an extra.” We took the position that 1) there was a hood over the old stove; that was notice to R[redacted] that there would be a hood over the new range/cooking area, so this item should have been included in the contract amount. That took no difficult thinking. 2) R[redacted] was familiar with construction in Leisure Village, and he knew that all homes had a hood over the cooking area. R[redacted] had knowledge, or should have had it, that there was going to be a hood installed over our range, so he should have included the cost of installing it in calculating his bid for the project. We asked him if he knew of any other home in the Village that didn't have a hood installed over the cooking area; he didn't. He created his own problem here, and at the completion of the contract, he seeks his salvation by merely charging the owner for an extra. This cost isn't an extra, it was, or should have been in the contract bid. There's no excuse for asking for an extra for installing it after that work is completed. 3) R[redacted] wrote the contract, and contract law holds that if there is difficulty in interpreting what a contract means, then the contract should be construed against the writer of that contract. In fact, if R[redacted] had thought that this item was not included in his costs, he should have used words excluding the hood's installation, OR he should have put those costs in! He didn't. That's his own omission, and not the owner's problem. 4) If R[redacted] thought that the hood installation would require sufficient work on his part to cost it separately, he should have priced it into the contract. He now claims that he didn't. That makes it R[redacted]'s problem, not the owner's. No surprise or change occurred here. 5) The contract (that R[redacted] wrote) requires the Contractor to install all appliances. The hood is just such an appliance. Its installation was priced into the contract by this provision. This should not even be an issue here. The installation of the exhaust hood over the range is not an allowable extra. Nonetheless, R[redacted] billed us $255 for the hood installation and $55 for parts. We paid for the parts only and took the $255 off one of Pinnacle's additional bills for extras (R[redacted] submitted more than one to us). So we still have the issue of his assertion that installing the range hood was an extra.

Another instance of what we had to deal with with this Contractor occurred because our master bathroom was rebuilt under this contract, and we wanted an in-wall medicine cabinet installed in this bathroom. However, walls got built before we noticed that the in-wall cabinet was not being provided for and not specifically called out in the plans and specs, although the issue of in-wall medicine cabinets had been discussed. So, in order to hold down costs, we just went with the flow and decided that we'd live with an on-wall medicine cabinet. We wanted to install sconces lighting the area from each side of the medicine cabinet. Since a vanity was already available to help determine the size and placement of the medicine cabinet, we discussed with R[redacted] how large that medicine cabinet should be. R[redacted] told us that it should be 36 inches wide! So we ordered a 36 inch wide medicine cabinet for that room. At almost the same time, we also ordered a pair of sconces at a cost to us of more than $500. R[redacted] also knew that when we ordered the 36 inch medicine cabinet we also ordered 2 sconces to be mounted outside the sides of the medicine cabinet. But R[redacted]'s electricians (his subcontractors, under his control, not ours) then, for those sconces, cut 2 round holes (approximately 4 inches in diameter) in the wall, centered perfectly 36 inches apart, center-to-center, and centered perfectly in the area where the medicine cabinet was to be centered, and they ran electrical wires through those circular holes already cut in the wall to activate each sconce. While R[redacted] was working in that bathroom, I pointed out to him that the 2 circular holes in the wall 36 inches apart were not usable, because the cabinet would cover up exactly half of each of them. R[redacted] then looked at the wall and said something like, “Oh, my gosh, those holes will have to be moved. That's going to be expensive now.” Again, to try to hold costs down, I told him that we would not use the sconces, but he'd still have to fill in the 2 holes that had already been cut in the wall, and the wall would have to be refinished to eliminate all evidence of that half-circle cutout on each side of the cabinet.

R[redacted] then charged us for the electrician's cost of putting in those two holes and running wires down to them, plus the “extra” cost of refinishing the wall, a total of $450. I paid that bill, but in retrospect, I took the position that the error made here was made entirely by R[redacted], not us, and that every subsequent decision we made in this matter was made to make things easier for him, the General Contractor, who should have been aware that the placement of the 2 holes in the wall, as was done, would put them in the wrong place. That's his job as the General Contractor – to control the sequence of events to be done on the job in order to eliminate work being done in the wrong place or at the wrong time. That's why he bills us for 15% of the costs of his subcontractors' work! We pay that 15% so blunders like this don't happen. I also returned the sconces to their supplier, and received a check in return for an amount of approximately $250. The charges to me for this entire exercise included shipping both ways, handling fees, and a restocking fee, generating another loss I have so far absorbed in the approximate amount of $300, and I received nothing in return for that $300. I still take the position that this error caused that total loss, and was entirely the General Contractor's fault (and I believe, too, that this kind of error is precisely what the General Contractor is supposed to catch before it happens and not allow it to happen).

When I saw the bills that R[redacted] told me he was being charged by his plumbing and electrical subcontractors, I told R[redacted] that I thought the prices quoted by both of those Subcontractors were much too high...and R[redacted] agreed! However, he didn't challenge those bills. He merely passed them on to us. But from our point of view, those bills are his problem; it's his business. He makes his own contracts with his Subcontractors. And when their charges turn out to be too high, he, the General Contractor, is responsible for paying his Subcontractors, not the Owner, the client, a person who had nothing to do with the amount the Con-tractor has agreed to pay his Subcontractors, and, in fact and in law, was one who had nothing to do with those subcontracts...which were solely between the General Contractor and his Subcontractors.

Again, this is a constant theme we had with R[redacted] Herman; he doesn't take responsibility as a Contractor, for work done or their costs under his direction. This is demonstrated specifically by the fact that R[redacted] walked off the job, after we gave him ample opportunity (over 3 months) to finish his work he contracted to do, and later he himself agreed and promised to do...but didn't do even one (count 'em, NONE, zero) of the punch list items he walked out of our home with in his hand.

[R[redacted]] Unfortunately, these people have distorted the facts and do not want to pay for what they have contracted for.

[Owner's Response] Another false statement. We merely want what we have already paid for – which was work that R[redacted] has never completed – work that is required under the contract R[redacted] prepared and we both signed. Get your facts straight, R[redacted]. You have distorted the facts and you didn't finish the job. You will NOT be given an opportunity to finish your punch list now because we can't trust you. We discussed this with our attorney, and we don't want a bold faced liar back in our house. You know, and I know, you're lying. We spoke with our attorney about these problems back in September. She told us to try to work this out with you, to make it easier for everyone. She suggested we contact you (we did), then we should meet with you to go over the punch list (we did), and then we should give you an opportunity to fix the punch list items (we did). You blew it off as though it wasn't important – but it was important to us, just not to you.

And R[redacted] alleges that I refuse to pay for what I contracted for. This is also untrue! But R[redacted] must know that the law provides a method for the General Contractor to be covered in cases such as he is now trying to involve us in. It's called a Change Order, and it must be written and it must be signed by the parties, or at least the party to be charged...or the Contractor merely doesn't do the work the owner wants done unless and until the owner agrees to pay for it by signing a written Change Order. (By the way, R[redacted] is, or at least holds himself out to be, a Licensed Contractor, and in getting his Contractor's License, I'm sure he had to be aware of all of this.) First of all, I have paid him for the total amount of the contract (a big error on my part). And second of all, there are no Change Orders here. R[redacted] never asked me to sign any change order, and I have never signed any or even been asked to sign any.

There are several other stories that I can tell you about, too. If you wish, ask about:

1) the theft of a newly purchased, still in its original box, Microwave Oven, stored in my garage. (“It's not my fault” – R[redacted])

2) the shattering of a glass door five seconds after R[redacted] had been working on it on 2 sawhorses, using a hammer and a chisel. (“It's not my fault” – R[redacted])

3) the botched job of orange peel painting of several walls by R[redacted]'s Subcontractor. (“It's not my fault” – R[redacted], (...but I'll never hire them again!))

4) the denting and scratching of the side of a brand new refrigerator/freezer stored in my garage in its original box for many weeks, which R[redacted] says was brought into my house by him and one of his assistants, and R[redacted] told me that it had no dents in it when he and his assistant moved it into our new kitchen, removed it from its box, and slid it into the enclosure built for it. But when it's now slid out of it's built-in enclosure, it shows a huge dent and several scratches in its side. No person other than R[redacted]'s own personnel or his Subcontractors' personnel had any occasion to move that refrigerator from its covey. (It undoubtedly had to be moved later in order to connect such things as an ice-cube maker, and/or to hook up a cold water connection, and possibly others). R[redacted] told me explicitly that when he brought that refrigerator into my kitchen, there were no dents or scratches on it. There are now. I didn't do it. It's R[redacted]'s fault! Please note that I don't say that R[redacted] purposely caused this problem; I don't believe that at all. I believe it was undoubtedly an inadvertent accident. But it is the General Contractor's fault. That's why the General Contractor carries insurance. It isn't my fault; I was damaged here. (“It's not my fault” – R[redacted])

5) Breaking of a mirror in our Ronbow mirrored medicine cabinet and not even disclosing this to us. R[redacted] used blue tape to put the mirror in place at the very top so it is difficult to tell that the mirror is now cracked. It is not properly fitted and can easily fall down and crack further. This mirror must be replaced.

...and probably a few more that I don't recall just now. And there are now more punch list items to add to the list that R[redacted] held in his hand when he left our house after spending both his and our time for him to inspect some of the items we wanted done or corrected – and which he did not dispute as we made that punch list together.

As a now long dead Frenchman once wrote: “I apologize for the length of this letter. If I had had more time, it would have been shorter.”

Regards,