Rollin Homes Incorporated

Initial Business Response /* (1000, 5, 2014/05/27) */
I am dismayed that this customer decided to cancel their contractWe tried our hardest to meet their requests, but as described below, it was a little hard to understand what exactly they were unhappy with
On November 1st, 2013,
after negotiating back and forth on customizations, the customer inspected the preliminary plans that detailed the extensive changes he made to our original design and signed the plans approving the changesWith this approval he signed the deposit contract which clearly states that if he defaults on the contract after the work is completed he will loose his depositHe voiced no objection to the agreement at that time and understood and agreed to the terms of the contract
This is the basis on which the final plans are drawn and a detailed material list is generatedThis information allows us to calculate and price the material for the projectWhile completing the final set of plans, we worked with the customer to prepare everything necessary to submit plans for building permitsWe did not receive any kind of notification or suggestion that they wanted to hold off on the permit submission
After we had prepared everything and were ready to proceed to the next step, material delivery, the customer contacted us and proclaimed he was considering going with a different vendorI let the customer know that we had performed our end of the contract to the fullest, and as agreed, the deposit would be retained in the case of cancellationI asked who they planned to use and why, but the customer didn't want to answer the question since they were not sure if they would cancel or not
Months later the customer contacted us with the decision to cancelThey mentioned the material purchase contract required inspection at the dock as being unreasonableI let them know that for the protection of the customer, we insist that the materials be inspected before being removed from the dock for damages during shippingWe do this inspection and file any claim with the shipping company or supplierI offered to reword the contract, but the customer was decided on cancellation
As for the complaint of not receiving an itemized list of work done, I offered to review the hours spent in considering a partial refund, but never promised a listI believe we couldn't have been more responsive to the requests of the customer, and the customer was fully aware, as clearly stated in the initial deposit contract, that if they default on the contract after the work is completed, the customer would loose their deposit
All things considered, the customer indicated that the builder wanted to buy the materials for him and didn't want the customer to buy the materials from our companyThis is clearly a breach of contract and seems to indicate a builder interference in our agreement to the benefit of the builder
Initial Consumer Rebuttal /* (3000, 7, 2014/06/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Aloha, Oct we paid BIPH and signed a Deposit Agreement.There was never a "final set" of plans,we found out the plans were sent in when the BldgDept.called us to pick them upThey still were not complete,we needed variances and revisionsWe were sent additional info,but still no material list, we were told to look on the website.t The customer was to be responsible for:inspection of materials before leaving the dock,hrs to file a claim w/ BIPH.Also provide trucking to jobsite, and delivery to jobsite bonding.etc.etcThere was no offer to "reword" the contractThere was never a Purchase Agreement signed or agreed toWe were still talking to different builders, one that would not work with BIPH, but we found one that we are happy withBottom line, when we decided to get the materials from a local supplier, I called BIPH on the phone,to cancell our Deposit AgreementI told him the dock inspections, customer supplied bonding, transport of material to jobsite,complicated replacement of defective or damaged pcsthese were reasons we were cancellingI told him that BIPH was certainly entitled to be paid for what they have doneWe discussed the $6000.deposit which was paidI had spent many hours redesigning their original plans, this means supplying BIPH with archetectual scale drawings of the changes,which had to save them time.I asked him to consider a partial refund, I suggested he refund $or $and keep the balanceHe said he would review the hours spent, and get back to meHe never got back to meAt no time did I say that ANY builder wanted me to "buy from them" and not BIPHThere was never "builder interference"Bottom line is we hold no ill will for BIPH, we are all trying to make ends meet, wont use them again