SDC Sears Inc

The following is a timeline of events with a brief explanation at the endI also have provided exhibits,copies of emails along with a stone scale showing quantity of aggregates.Spoke and met with customer on September 2,- September proposal submitted (exhibit a) and customer accepted via
email (exhibit b)Hanson Stone Calculator showing quantity required for sqft (ton) (exhibit c)Quantity actually used was 60-Ton of #crusher runWe hauled three tri axel loads whichlegally holds ton per loadThe site was built up properly with stone and compactedWe didnot charge customer for the extra stone used since we were trying to help them complete theirproject the correct wayI would like to add that prior to starting this project the customer insistedthat his interpretation of the site was somewhat level, the fact being that was not thecase, this causing the need to purchase an additional 30-ton of stone, which again, I didnot charge to the customer(exhibit d)Work was completed between September 14-Customer attempted to pay for the invoice infull via credit card, however that credit card transaction was declinedUpon notifying of thecard decline, customer mailed me a check which paid for the Invoice in fullI did not chargehim an NSF fee for the declined payment.Sept 27, e-mail received requesting additional work consisting of topsoil purchase andapplying to project as a suggestion from their concrete contractorOn that same email youwill notice statements that they are happy they chose our company(exhibit e)Customer and I scheduled to meet on October 28, to discuss the additional work justreferenced involving topsoil purchase and placementAt that appointment customer advisedthat he thought he would be able to purchase the topsoil for less or no cost then I was able toprovideIn an attempt to keep the customer pleased I still offered that I would work with themto pick up the topsoil, the labor to install, and equipment costs to complete this particular partof the their project, even though the topsoil was not purchased through my venues.Email October 29, (exhibit f) Customer found free topsoil.Emails included, Nov 3-4-9-(exhibit g) On the November 09, email from customerescalates to a threatening manner warning me that his son in law, *** ***, is a *** at*** *** *** *** and that his daughter *** *** works at the Town ClerksOff ice, and that he will be contacting them for their assistance if I do not comply with provingfree work of the topsoil pick up and placement, that we certainly did not agree to, nor wasthere any proposal given to him stating suchNovember 10, email provided, I explainedit was beyond my scope of work of the original contract that we had agreed to and was paid infull, and as we had discussed, there would be additional charges for this additional work request.(On a business note, it would make no sense for me to have offered this to him as 1would have had to absorb the costs of fuel, use of my truck, equipment, labor, and time that Icould be using with other customers.) I requested a phone conferenceHe never followed upon my request for a phone call1Email November (exhibit h) Customer continues his threading tone advising me that hewas a former part time *** *** *** ***Further, he stated that he remembered"Earthe value of a voice activated tape recorder," which he would keep in his shirtpocket to store information when conducting interviews or important conversationsThisclearly reads to me that he is implying that I am acting as a criminal and I strongly believe heis attempting a defamation on my character and causing business defamation on my Companyto inflict harm on the pristine reputation I am proud of, for now years in businessHissuccess of these allegations made towards myself and my Company can impact the futureof a well respected Business, cause financial hardship, and unnecessary stress dealingwith these allegations, and reporting to the Revdex.com, Revdex.com.Email December 7, (exhibit i) His email no longer references the topsoil complaint, henow steers to another matter pertaining to the job that I completedAgain, he is stating falseallegations of the work and satisfactory of the work provided well after completion date, athank you for a great job email, enclosed Exhibit E, paid in full, and never complained previouslyin regards to his new compliant of the difficulty he is having driving his car through thegarage doorHe paid in full for a job completion on the week of September 14, 5, and onDecember 7, 5, weeks later, he now complains it is very difficult for him to drive his carthrough the garage doorIf this truly was the case, it would have been brought to my attentionmuch soonerThis is another allegation of the work I completed.My response Email December 10, (exhibit j) - Again attempts to address his complaints.At this point I have closed my email by stating that I do not want to be taken advantage of.Our Company has been incorporated since and pride my self with quality work and goodcustomer relationsThe complaint against my Corporation is not validI am confident that thethe emails which show the chain of events will prove that this individual tried to take advantagewell after completion.As for the new claim about pull off not being exact size, exhibit j explains it was engineered inthe field as a sweeping pull off to make it esthetically pleasing instead of an abrupt hammerhead turn aroundAll these issues are surfacing well after completion and acceptanceI haveoffered multiple times to work with them in a professional manner but I will not be threatened orstrong armed into completing extra work for no cost.I appreciate your help in dismissing this complaint against myself and my Company.Please do not hesitate to contact me if you should have any questions or concerns.Stephen JSearsPresident SDC Sears

Additional  Response to complaint : ID [redacted] Dear [redacted],   I have reviewed the additional concerns from complaint [redacted] and it clearly shows, he is again steering toward additional and irrelevant topics. Why were these not mentioned in the FIRST complaint? The reality is, the job  was completed and leveled prior to any concrete being poured. The customer was satisfied. I feel that the additional concerns and emotions in this letter is irrelevant and un related to the first complaint.  I have attached my first response dated December 28, 2015 as a guide which addresses his first concern. Almost three months had  past before the complaint was generated. I feel the only reason a complaint was generated was we would not return to install topsoil for free. Sincerely, Stephen J. Sears President SDC Sears INC

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
 
Response to my complaint ID [redacted] against SDC Sears Inc.   December 30, 2015
 
Dear [redacted]:
 1)  The amount of stone calculated and actually required was an error
on the part of Stephen J. Sears, President, SDC Sears Inc.   His proposal dated September 6, 2015 and
accepted by my wife, [redacted], and I, includes two
significant items in each of
the two parts of the contract: “Building
Pad, 1) Install 6” of # 1 crusher run and compact, 2) Grade with laser” and “Driveway extension to Pad, 1) Install 6” of # 1 crusher run
and compact, 2) Grade with laser.” Sears did not check the job
site with a laser prior to
having a sub-contractor, believed to be [redacted], prepare the 20x20
Building Pad and 20x20 Driveway Extension. 
The fact that an inadequate amount of stone was delivered to the job
site is not my fault.  I have no
knowledge of the quantity of crusher run stone in an order of 30 tons from
Hanson and in fact we never saw Sears’ Exhibit C
prior to his response to my Revdex.com complaint on December 28, 2015.
 2)  The sub-contractor, [redacted], knew the stone delivered to the job
site was not enough and that the Building Pad was not level.  [redacted] did not verify with a laser that the
pad was level before leaving the job site with his equipment.  I notified Sears via email on September 19,
2015 of the defective work by [redacted] (See Item # 7 of ATTACHMENT).  Sears stated at the top of Item # 7 that the
job site would be “Re-leveled and more crusher
run added to pad” and apologized for the defective work.  His
statement clearly shows he accepted the responsibility of not providing enough
stone and not leveled by his sub-contractor. 
Sears had failed to neither supervise nor
inspect the work of his sub-contractor.
      See Item # 2 of
ATTACHMENT, photos clearly showing the laser-leveled 2x4 form supplied by our concrete
Building Pad provider and the stone grade as provided by [redacted] when he left
the job site with his equipment the first time.
 3)  Sears’ statement that “the customer insisted that his
interpretation of the site was somewhat level, the fact being that was not the
case” is not true.  In fact, Stephen Sears and I met
at the job site prior to any work being done, and I simply stated to Sears that
the site appeared somewhat level to me and Sears stated he felt
that there was more of a grade to the site than I perceived.  Sears did not check the site grade with a
laser to determine the exact existing grade prior to ordering the initial stone
quantity from Hanson. I believe that was a failure on the part of the
contractor (Sears) to prepare the site in a workmanlike and contracted manner.
     At my age, 84, I have no
experience, equipment nor qualifications to determine the quantity of stone
needed when preparing a written proposal. 
I believe this to be the responsibility of the contractor (Sears). 4)  In reference
to his statement that I do not wish to communicate via telephone, please be
aware that I have a service connected hearing injury suffered during my service
in the Air Force as a weapons mechanic during the Korean war and I prefer
written (email) communication.
 5)  In reference
to Sears’ statement that I remembered early on during my 21 years of part-time
service in Livingston County as a deputy [redacted] “the value of a voice
activated tape recorder” which I would keep in my shirt pocket to store
information when conducting important conversations, it simply meant that
conversations alone often wound up during a dispute as a matter of “he said,
she said” rather than a matter of proof. 
I never recorded any conversation between Sears and myself.
 6)  In reference to Sears’ Exhibit I, he states, “he now steers to another job that I completed.”  The photos of the work site ATTACHED (Items #
2, 3, 4, 5 and 6) clearly show that the Building Pad and Driveway Extension to
Pad work were not done in a workmanlike, satisfactory manner and were not completed per the contract
specifications.  The Building Pad site
work appears to now be complete as far as I can tell, but in fact it did
require a written complaint from me and return of the sub-contractor to
complete it.
 7)  In reference
to his claim of my apparent threatening attitude, I had asked Sears during our
first meeting if he knew my wife’s and my son-in-law, [redacted], a
[redacted] in the [redacted] County, NY [redacted]’s Department.  Sears stated he may have met him several
times but did not really know him (I believe Sears lives relatively nearby to [redacted] in
Livingston County). I told Sears that [redacted] is the owner of the property we
rent from him and his wife, [redacted], our daughter.  I further added during this
initial conversation with Sears that [redacted] is the [redacted] Town
Clerk.  My intent here was to provide
full disclosure of the owner and that I was simply acting as their agent in
contracting for a garage.  It was offered
in the context that if our daughter was an employee of the Revdex.com (she is not), Sears would like to know that as a part of full disclosure on our part.  Sears never disclosed to us that [redacted] would do the work as a sub-contractor rather than by Sears company employees.
 8)  I firmly believe I have made no false allegations about the
sub-standard work Sears and/or his sub-contractor provided and suggest that the photos are sufficient proof of
the poor workmanship from day one
regarding the Building Pad and continuing on thru the Driveway Extension to Pad
as of December 31, 2015.  I further
believe that Stephen Sears made numerous verbal promises to my wife and I
regarding the additional work he would do at the site that were included in the total cost
he quoted in order for us to hire him as the contractor (at a cost higher than
bids we received from other contractors).
     My complaint to
the Revdex.com was initiated based on the above facts and my request to the Revdex.com was
simply for Sears to finish the job per the contract.  Sears provided a number of written statements
in his reply to my Revdex.com complaint but no factual information, while I believe
the photos ATTACHED will document the actual facts and current status of the
work not performed by Sears.
 
Sincerely,
[redacted]