Ron Davenport Exteriors

A piece siding fell off the chimney. Mr. [redacted] was notified on 5/14/14. Repair has not been made as of 6/13/14 and no communications.On January 14, 2014, my wife and I signed a contract with [redacted] of [redacted] Exteriors to have siding installed and seven windows replaced on our residence. The total price of the contract was #18,540.00. The terms were one half due at time of signing, one fourth when work begin and one fourth when the job was oompleted.Mr [redacted] was given payment for $9,270.00 on January 14, 2014. A second payment was made on February 17, 2014 for $4,635.00 when work started. On March 30, 2014 Mr [redacted] requested a draw against the remaining balance. Even though our agreement was for the final one fourth to be paid when the job was completed, a payment of $1,000.00 was made a this time. On April 4, 2014, the work was completed and a final payment for %4,280.00 was made. This amount was derived by taking the final one fourth of $4,635.00 less the $1,000.00 draw plus $645.00 to cover additional and unforeseen expenses incurred during the construction.On either 4/14/14 or 4/17/14 I called Mr [redacted] to report that a piece of trim approximately six feet in length had become partially detached from the roofline of the second floor. I don't recall the exact date, but this was repaired in a timely manner.On 5/14/14 I called Mr [redacted] to report that a piece of siding from the chimney had fallen off. He indicated it would be replaced. On5 5/22/14 the repair had not been made and I'd had no communication from Mr [redacted] so I called and asked when he planned to handle it. His initial response was that he'd get to it the next time he had a crew in my area, I said that was not acceptable and asked for a specific date which he refused to give. He then said he knew we'd had storms with high winds here just prior to my reporting this and that the warranty did not cover wind damage. I replied that we had not experienced any high winds but he still insisted we had. I again asked for a date and he replied it would be fixed within the next two weeks.The Upper Coastal Plains Research Station, located within two miles of my home, records daily weather conditions. This information is available on-line at http://www.ncagr.gov/Research/weather.htmThe piece of siding was found on my front steps on May 14. The highest wind speed recorded at the Research Station for the week prior to this was 20.7 mph on 5/10/14.As of 6/13/14, the repairs have not been made and, to the best of my knowledge, Mr [redacted] has made no effort to contact me.Mr [redacted] indicated on the contact that the work was covered by a one year labor warranty.Ia can provide pictures of the damage if necessary.Desired SettlementI met or exceeded every condition of the contract with regard to payments to Mr [redacted].I expect Mr [redacted] to honor the terms of the warranty and to reinstall the piece of siding on the chimney in a timely fashion. I think three plus weeks has been more than sufficient for this to have been resolved.Business Response /[redacted]/As stated by Mr. [redacted], this work was successfully completed on April 4th. We returned at no cost to him, Friday, April 18 th to re-secure one piece of trim that had blown off during a storm.April 28th, 6:00 PM according to the National Weather Chanel, a tornado warning was issued for Pinetop and surrounding Edgecombe county. A state of emergency was issued by the governor for 4 counties including Edgecombe county. Between April 26th and May 2nd there were 5 reported funnel clouds or tornado's on the ground in Edgecombe county. May 2nd, in Wilson county, a neighboring county to the west, schools were ordered closed because of tornado threats and severe weather moving through eastern North Carolina. On April 30th according to the weather channel, 12 to 15 homes were damaged, some severely, in Edgecombe county due to tornado's and or high winds. (Simply Google: tornado's in Edgecombe county in April to verify any of this) Mr. [redacted]'s claim of tranquil weather is in direct conflict with what was reported by all local television stations and the National Weather Channel. Furthermore, Mr. [redacted]'s school yard bully approach and threats did not bode well with finding a suitable solution for him. His slamming the phone down thereby terminating the conversation left the situation unresolved. Because the damage was due to a weather event, and the difficult location of the repair, there will be a service charge of $150.00 if Mr. [redacted] wishes us to re-install the piece of vinyl. Thank you for your assistance in reaching a suitable solution. Please advise. Regards, [redacted]Consumer Response /[redacted]/I appreciate Mr [redacted] taking the time to respond and would like to address each of his points in detail:"As stated by Mr. [redacted], this work was successfully completed on April 4th." I don't believe the term 'sucessfully completed' is anywhere in my original statements. That would imply nothing further needs to be done. I still have to get an electrician to reconnect the wiring to my daughter's childoood playhouse that Mr [redacted]'s worker disconnected and was unable to properly re-install. Ater observing his efforts, I didn't feel comfortable he was qualified so I told Mr [redacted] I'd handle that myself. "We returned at no cost to him, Friday, April 18 th to re-secure one piece of trim that had blown off during a storm." The piece of trim had not blown off; It was still attached at one end and was hanging down. There was no storm. Mr [redacted] did not mention he suspected storm damage during this repair or when I made my next call to him reporting the piece falling of the chimney. At the end of this response, I have copied the Upper Coastal Plains Research Station's archived data showing daily maximum wind speed for the past ninety days. This is an official meteorological reporting station for CRONOS, the State Climate Office of North Carolina and is located less than two miles from my home. I'd welcome any proof Mr [redacted] might have to support his claim. Should he be unable to produce this, there is no question this repair should have been covered under warranty and at no cost to me. "April 28th, 6:00 PM according to the National Weather Chanel, a tornado warning was issued for Pinetop and surrounding Edgecombe county. A state of emergency was issued by the governor for 4 counties including Edgecombe county. Between April 26th and May 2nd there were 5 reported funnel clouds or tornado's on the ground in Edgecombe county. May 2nd, in Wilson county, a neighboring county to the west, schools were ordered closed because of tornado threats and severe weather moving through eastern North Carolina. On April 30th according to the weather channel, 12 to 15 homes were damaged, some severely, in Edgecombe county due to tornado's and or high winds. (Simply Google: tornado's in Edgecombe county in April to verify any of this) Mr. [redacted]'s claim of tranquil weather is in direct conflict with what was reported by all local television stations and the National Weather Channel." Mr. [redacted]'s concerns about the weather at my house between April 28th and May 2nd are irrelevant. The piece of siding in question fell off the chimney on Monday May 12th well after this period. I'm positive of the date because my wife found it on the front porch when she returned from work that afternoon. We both go out that door each morning and it would have been impossible for us not to have seen it. Mr. [redacted] was notified two days later, on Wednesday May 14th. I would not have waited two weeks had it fallen off in the date range suggested by Mr [redacted] as this second occurrence raised concerns about the quality of his work. I did google the phrase suggested by Mr [redacted] and it did return reports of a tornado in Edgecombe County on April 28 of this year - In Conetoe which is ten miles east of Tarboro. I live five miles west of Tarboro but again, the failure I'm referencing occurred May 12. Although I did not use the phrase 'tranquil weather', I'm confident the local source I previously referenced is a more reliable indicator of actual conditions in my area than the National Weather Channel"Furthermore, Mr. [redacted]'s school yard bully approach and threats did not bode well with finding a suitable solution for him. His slamming the phone down thereby terminating the conversation left the situation unresolved." My last converation with Mr [redacted] started out amicably but deteriorated when he said it would be cost prohibitive for him to repair the damage until he had work in my area. I did not find that acceptable then nor do I now. After my objection, he made the "warranty not covering wind damage" statement. That never came up when I intially reported the damage or during the first part of this second call. It was only when I questioned his 'fix at his convenience' position that he became argumentative. I stated that we'd had no significant winds recently and he replied that he knew we had because he'd heard and seen weather reports in the media. When I asked if he was calling me a liar, his verbatim reply was 'Well, one of us is.' I felt that to be unprofessional, unwarranted and extremely offensive.I did not threaten or bully Mr [redacted]. I did not use profanity. I did not disparage him or his company. I did tell him I was not satsified with his response. I did ask for a specific date by which the repairs would be made but he refused to provide one. When he said the work would be done within the next two weeks, I did tell him that, if it wasn't, I would notify the Revdex.com. This was not a threat. Given his obvious position on the repair and his statement regarding his opinion of my integrity, I felt he needed to understand the consequences of not honoring his committment. Mr [redacted] did not do what he said he would and I did exactly what I told him I would do.I did not 'slam the phone down' on Mr [redacted]. In fact, I'm not sure how you can do that with a cell phone. I did hang up. The purpose of my call was to determine when the repair would be made. Mr [redacted] had told me within the next two weeks and I'm not in the habit of prolonged conversation with someone who has just called me a liar..."Because the damage was due to a weather event, and the difficult location of the repair, there will be a service charge of $150.00 if Mr. [redacted] wishes us to re-install the piece of vinyl." Weather was not a factor in either failure. We had much stronger winds here this past Friday night, 6/20/14, and there was no damage to the siding or trim even though small limbs were broken and scattered throughout my property. I believe the prior instances were simply two pieces out of several hundred installed by Mr [redacted] and his crew that were just not quite right. I will not accept Mr [redacted]'s offer and contend the the failure should be covered at no charge under his warranty and further, that it should be done in a timely manner. I fully agree with Mr [redacted]'s assessment of the difficulty of the location. If it was something I could fix myself, I'd gladly have done so and never made the call.The data shown below is publically available at http://www.nc-climate.ncsu.edu/cronos/index.php?station=ROCK&temporal=daily Date/Time of ob Wind Speed max this dayat 10m (mph)03/24/2014 15.8*03/25/2014 15.6*03/26/2014 19.8*03/27/2014 16*03/28/2014 24*03/29/2014 19.7*03/30/2014 19.4*03/31/2014 18*04/01/2014 13.9*04/02/2014 16.7*04/03/2014 9.4*04/04/2014 28*04/05/2014 14.5*04/06/2014 16.8*04/07/2014 20.4*04/08/2014 20.1*04/09/2014 13.4*04/10/2014 17.7*04/11/2014 23.9*04/12/2014 11.9*04/13/2014 16*04/14/2014 20.6*04/15/2014 24.4*04/16/2014 21.8*04/17/2014 16.2*04/18/2014 15.3*04/19/2014 21.3*04/20/2014 28.2*04/21/2014 14*04/22/2014 15.3*04/23/2014 15.9*04/24/2014 11.9*04/25/2014 23.5*04/26/2014 15.5*04/27/2014 14.8*04/28/2014 16.2*04/29/2014 24.9*04/30/2014 23.4*05/01/2014 20.5*05/02/2014 15*05/03/2014 14.4*05/04/2014 16*05/05/2014 16*05/06/2014 10*05/07/2014 12.7*05/08/2014 18.3*05/09/2014 18.9*05/10/2014 20.7*05/11/2014 9.2*05/12/2014 11.3*05/13/2014 10.8*05/14/2014 14.1*05/15/2014 18.8*05/16/2014 17*05/17/2014 16.1*05/18/2014 9.7*05/19/2014 12.8*05/20/2014 16.9*05/21/2014 13.8*05/22/2014 13*05/23/2014 13.8*05/24/2014 17.7*05/25/2014 8.8*05/26/2014 16.8*05/27/2014 15.8*05/28/2014 20.7*05/29/2014 13.1*05/30/2014 10.9*05/31/2014 14.5*06/01/2014 15.1*06/02/2014 9.6*06/03/2014 12.3*06/04/2014 17.6*06/05/2014 21.8*06/06/2014 10.9*06/07/2014 11.1*06/08/2014 14.5*06/09/2014 25.4*06/10/2014 13.9*06/11/2014 26.1*06/12/2014 13.5*06/13/2014 15.5*06/14/2014 13.5*06/15/2014 10*06/16/2014 11.5*06/17/2014 14.7*06/18/2014 12.9*06/19/2014 17.9*06/20/2014 38.7*06/21/2014 19.3*Thank you for your attention in this matter.[redacted]Final Business Response /[redacted]/After going back and reviewing the information from ABC, NBC, CBS, The Weather Channel and the National Weather Service, regarding the numerous tornado warnings that were issued for this area during the previously stated time periods, we continue to determine that the loose piece of vinyl was caused by a weather related event and not covered under our warranty. The cost for repair will be $150.00. Best regards.Final Consumer Response /[redacted]/(The consumer indicated he/she DID NOT accept the response from the business.)No, I do not accept the proposed resolution.I've provided data from an official NC meterological station proving excessive wind was not a factor in the siding failure. Mr [redacted] has offered nothing specific to support his claim that it was.If wind was a factor, wouldn't any reasonable person expect the damage to extend beyond a single piece of siding falling off the house? Especially since that piece of siding had no nail holes or anything else to indicate it had been properly attached.Also, to the best of my knowledge, neither Mr [redacted] nor any representative of his company has been on site since I notified him of the failure. Yet he claims he has no obligation to honor his warranty because he heard or asw some news report of a tornado that touched down over twenty miles from my home on a date nowhere near that when the piece of siding fell off.The bottom line is Mr [redacted] became upset when I asked for a firm date by which I could expect the repair to be made and because I told him 'at his convenience' was not an acceptable response. Neither of these is unreasonable. I met my obligation by paying him nearly twenty thousand dollars either on time or earlier than the terms of our agreement. I have a contract signed by Mr [redacted] and amended by him to specifically indicate 'one year warranty on labor'.In summary, this last failure involved a single small piece of siding which shows no evidence of ever having been properly attached. If excessive winds were a factor, more extensive damage would be expected. I have provided verifiable data proving there were no high winds near my home. Mr [redacted] has offered no concrete evidence there were. Mr [redacted] has not been on site to review the damage. I will not pay Mr [redacted] anything to repair a failure caused by improper installation.Thank you for your attention in this matter.