Spartan Concrete Coatings, Inc.

I am rejecting this response because: RidiculousI am a woman half
his stature and never once threatened himI was nothing but civil until he refused to fix the cracks and said he didn't know why he was responsible for cracksAt that point I did lose my temper and yelled over the phone, and then I told him I would have to call him backAll communication from that point on was in email and civil, and forwarded to the Contractor's State Licensing BoardI gave him until the end of August like he said, but he never followed through, and I never heard from him after June This job was finished in AprilAnd if he is referring to an incident with my neighbor yelling at him for parking in front of their house, he returned several times after that incident to complete the job so he must not of felt too unsafe.I have had other concrete contractors and a building inspector look at his work and the cracks and they all agree it is his workmanship and that he should replace itWhether you believe me or not, there is something to say about a business who has has this many complaints (just look at his *** reviews)Either we are all wrong or he is wrongBut he is the common denominator in each.

"Although this complaint was not resolved through Revdex.com's self-regulation process, this matter was later resolved though the court system (or another third party mediation/arbitration service)"

"Project startedThere were change orders that were not acknowledgedAnd there was verbal bullying and assassination and we did not feel safe for our crew to go backThe rest of the situation is being handled at the State level."

I am rejecting this response because: RidiculousI am a woman half
his stature and never once threatened himI was nothing but civil until he refused to fix the cracks and said he didn't know why he was responsible for cracksAt that point I did lose my temper and yelled over the phone, and then I told him I would have to call him backAll communication from that point on was in email and civil, and forwarded to the Contractor's State Licensing BoardI gave him until the end of August like he said, but he never followed through, and I never heard from him after June This job was finished in AprilAnd if he is referring to an incident with my neighbor yelling at him for parking in front of their house, he returned several times after that incident to complete the job so he must not of felt too unsafe.I have had other concrete contractors and a building inspector look at his work and the cracks and they all agree it is his workmanship and that he should replace itWhether you believe me or not, there is something to say about a business who has has this many complaints (just look at his Yelp reviews)Either we are all wrong or he is wrongBut he is the common denominator in each

There has been conversations in this matterYesterday I was asked to provide a two week timeline of dates, which I provide via test as requested by *** ***I mentioned that we can meet this requirement

It was a pleasure speaking to you today and we appreciate your help very much.Even though *** ***'s email to my wife, *** ***, indicated that by his calculations he owes us $7,we have received nothing.In fact, following that email *** *** ceased all communications with us.? He has not returned either our telephone calls or emails and I have found several other individuals who have shared our experience with *** ***.We believe that it is important that others not make the same mistake in believing that *** *** is an honest, trustworthy professional.Lastly, we will co operate in every possible way.? Many thanks.Sincerely,*** ***

There was a settlement amount that was agreed upon a week ago today $There also has been a bond claim on my bonding company stating a different number amount as wellThis is attempt to try and get refunds from three different sourcesI will not respond to Bob in an email form because
these are the types of slander that I receive*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ** *** *** *** *** ** *** *** ***? *** *** *** ** ***? *** ** ***? *** *** *** * *** * *** *** ** *** *** *** *** *** *** ***? * *** *** *** *** *** *** ** *** *** ***? ** *** *** *** *** *** *** *** ** *** *** *** ** *** *** ** *** ** *** ***
*** *** *** *** *** *** *** ** *** *** ***? *** *** *** *** *** *** *** *** ** *** *** ***? *** ***? ** *** *** *** *** *** ***? *** *** ***
**
***? ** *** ** ** *** *** ** *** *** *** ***? *** *** ** *** ***? *** *** *** ** *** *** *** *** *** *** ***? This type of slander is gross and unprofessional

I have enclosed the Original Accounting. The first of two responses by [redacted]. The second response of acceptance by [redacted].

There was a settlement amount that was agreed upon a week ago today $7809.19. There also has been a bond claim on my bonding company stating a different number amount as well. This is attempt to try and get refunds from three different sources. I will not respond to Bob in an email form because...

these are the types of slander that I receive. "Very positive contact with your surety, the CSLB people, Revdex.com .and several others you screwed and we haven't even gotten around to making the name  [redacted] aka,Spartan know as yet,  But we will.  You truly are a socio / psychopath piece of excrement, including your delightful bother from Florida..  I misjudged, more the fool me, but we will catch up.  We may not get the money you swindled us out of, but we will get to you in the end.You are, very successfully, "trashing yourself", but we will gladly help.  Warrants are going out for you (surprise!) and we will most likely  meet next  in the Placer County County Superior Court  Hasta Luego, Loser.B.ps:  My advise is to consider Ecuador or some other banana republic.  You'd fit in very well.  BTW, take this to your legal firm,or your poor deceased Mother!" This type of slander is gross and unprofessional.

It was a pleasure speaking to you today and we appreciate your help very much.Even though [redacted]'s email to my wife, Jessica Seyfried, indicated that by his calculations he owes us $7,809.19 we have received nothing.In fact, following that email [redacted] ceased all communications with us.  He has not returned either our telephone calls or emails and I have found several other individuals who have shared our experience with [redacted].We believe that it is important that others not make the same mistake in believing that [redacted] is an honest, trustworthy professional.Lastly, we will co operate in every possible way.  Many thanks.Sincerely,[redacted]

I am in response with the Bond company because [redacted] is trying to get paid or refunded by a few different options. Therefore, I have been instructed by my corporate attorney to wait until the Bind investigation is being taken care of. I will forward you the most recent activity on the [redacted] rampage as well. He has indicated that concrete is being placed on his residence as well.

"Project started. There were change orders that were not acknowledged. And there was verbal bullying and assassination and we did not feel safe for our crew to go back. The rest of the situation is being handled at the State level."

There has been conversations in this matter. Yesterday I was asked to provide a two week timeline of dates, which I provide via test as requested by [redacted]. I mentioned that we can meet this requirement.

Review: Incomplete job of concrete floor, countertops, and fireplace. Has not returned any correspondence, and has left us with a mess.

Contract was up July 11th. we were told he had a Nv. Contractors license and he does not, he does have one pending. He told us he could go down to foundation, stain and color floor, fireplace and countertops. We agreed to pay him 50% of total due 16,970.60. Pay in full when job complete. Job started 6/11/13. First round of color and coating, went wrong floor bubbled and countertops were over sprayed. He agreed everything had to be taken back down to original cement, which was done. Was suppose to come back and did not for 21 days. Would not respond to ant correspondence. Finally calked and showed 21 days later. He redid countertop, fireplace, and floor. Nothing looked finished, no shine or top coatings. He told us no worries, last coat will make it all look good and not to step on floor for at least 10 hrs, and wanted us to pay him. We told him after we see final results in morning we would gladly pay. When we walked in the next morning, we had no shine, white film over parts of floor filled with footprints throughout. And no extra coatings on fireplace or countertops. Sent pictures immediately to him and once again have not received any correspondence back. We have know been living in our garage for 8 weeks, and are trying to figure out how we can fix this disaster Desired Settlement: We understand he did accomplish removal of old flooring, and did use products, although they did not work, and put molding around floor edges which we figure cost him about 2600.00. I feel we should receive all our money back, but do not want to be unfair, so would settle for 5,885.30.

Business

Response:

Initial Business Response

The scope of work on this project was 1200 square feet of take the carpet out, base boards off, and remove the vinyl in the kitchen. Installing 50 square feet of new concrete counter top and 25 lineal feet of synthetic concrete back splash, which is colored and textured to match a sample given to me from the [redacted]'s. Installing a synthetic concrete coating to the existing post tension house foundation slab to create a sound structured sub base to color and texture to a desired color of variegated brown that was chosen by the [redacted]'s. "They love by the way", [redacted].

Concrete restoration requires seal coats in applications determined by "acceptable shine", by samples that were provided to the [redacted]'s and the Satin sheen was chosen and installed. Maintenance program was detailed for the new floor as well to the [redacted]'s being described as "Washing and waxing a new car", in order to maintain the luster, Wax applications are required at a minimum twice a year". [redacted] is a well known representative for Valspar, they supply Lowes of paints and maintenance floor products that have been tested and proven. [redacted] understood what was needed to achieve satisfaction and protect their investment. I even supplied the maintenance materials to the [redacted]'s. Not by their request, it's what my company does as part of customer satisfaction without having the client have to chase down maintenance materials to maintain their new floor.

During the "21 day lag", after the original application of the floor system was installed to their liking, the countertop had cured finally, (28 days for 5000psi tensile strength mix). This means it is now time to color the countertop. Per the contract I installed the "Brown" that was chosen by the [redacted]'s. Within 5 minutes of the initial color application of the brown, [redacted] tells me to add another application of "Brown" to the countertop to see what it's going to do. Immediately after this, he says "I hate it and what can be done to fix it". I disclose initially that this has to be taken down and redone. At this point the countertop sat until the [redacted]'s had made a new decision on a new color and a new texture. This is the only reason for any delay.

Once the new color and the new texture were provided to me after I sent the [redacted]'s via Fed Ex at my expense 10 new samples and selections of possible color combinations 21 days later due to the [redacted]'s never having this type of work done before, indecision, [redacted]'s work schedule, [redacted]'s travelling work schedule, and the non communication between [redacted] & [redacted]. They chose one. The new color and new textured chosen was 100% lighter in the beige family not in the dark brown family. After the sample that was provided to me of and the countertop surface redone to match the sample provided. [redacted] verified that the countertop resurface and the new sample provided were "Spot on". I epoxy sealed the countertop for the first application of two. The first one is to protect the color application and the second is for more shine due to the thickness and the mil age of two applications. The following of the epoxy curing, 72 hours which was over the weekend.

On Monday I anticipated that by not hearing anything that was wrong or any further changes were to be done, I drove from Sacramento to Reno to finalize the paperwork and be paid for the installation. I did not report any change orders or additional costs to the [redacted]'s for the indecision of this transaction or color and texture changes. I arrive in Reno 11o mile later to find [redacted] & [redacted] completely flushed and nervous and pacing in the house. [redacted] starts by saying that he is extremely disappointed in me and my lack of communication and performance. Then starts walking through the house and picking out existing trim pieces of elevation differences from the carpet being out now from versus the carpet being in the house. [redacted] says, "Are we doing the door casings and trim"? Which was not any part of our agreement in the contract that was executed. The paint differences on the walls by saying that "we should have painted them during this process". Ultimately confrontational and blind sided by all of this I reply with "Is there anything about what we installed that you don't like"? [redacted] & [redacted] answer, "No".

The resolution is there is a balance of $9800.00 and the [redacted]'s are claiming that they are not going to pay. I have ordered the receipts for the installation of this project and will be forwarding them to the [redacted]'s for proof of allotted materials.

We are ready, willing, able, and capable of successful completion of this type of scope as we do this everyday. It's the nature of my business. We need communication and follow through with a specific direction and documented conversations with the [redacted]'s.

Final Consumer Response

(The consumer indicated he/she DID NOT accept the response from the business.)

There are some statements that need clarifying! The first time [redacted] of Spartan Concrete replied to the Revdex.com, he went to great lengths to explain why a wax coat is needed to be applied a minimum of twice a year. If we were made aware of that fact, we would have never agreed to have that high a maintenance floor. Then he quotes in his own contract that: The system should be resealed with the appropriate Westcoat Clear Sealer every 3 to 5 years depending on traffic and UV exposure. Which one is the lie? In checking with Westcoat's general maintenance spec sheet it states depending on original gloss level (which we had none), interior surfaces will develop scratches over time. Application of Westcoat Floor Wax will bring luster to floors that have dulled or become scratched. The wax that was over applied was not even a Westcoat product. Again in his first statement, [redacted] stated he left maintenance supplies and brags that is what his company does. That was a lie! He left nothing! In an effort to salvage our home, we contacted 3 floor specialists licensed in Nevada. One would not even touch the job; another one suggested we use WOW Services because of the amount of stripping and re-waxing that would be required. After paying out $1,400.00, this included labor and 5 coats of wax, plus $102.00 for the maintenance supplies that [redacted] said he left. We have a floor that is as good as Wow Services could get it, given the floors poor condition when WOW Services started. In their professional opinion, whoever applied the first coat had no idea what they were doing. We knew we had tennis shoe prints in the first coat of wax that Spartan Concrete over applied (we have pictures). But now, with a clean and correctly waxed floor we can see shoe prints permanently stained in our floor. The shoe prints will continually remind us of this unprofessional construction job by [redacted] of Spartan Concrete. At least until we can replace this floor. We would absolutely be justified in requesting reimbursement of the $1,500.00 for trying to salvage the floor. This is a perfect example of how the rest of the work was performed.

We have also contacted two licensed counter top and fireplace contractors. They have both indicated that it would be best to tear them out and start over.

I cannot tell you the amount of stress and mental anguish this construction job as put on us. I could respond to every line, but it is a waste of my time. [redacted] states "the issues on this project are a simple resolution, aesthetics". That would mean starting over. After living 9 weeks in our garage, 2 attempts on the floor and fire place, 3 attempts on the counter top, it is obvious that he is NOT able or capable of quality work.

All we are asking for is that no lien be put on our property and that we receive a legal document that states that we owe [redacted]/Spartan Concrete no more money.

I would like to thank the Revdex.com of NE California for their time looking into this matter.

[redacted] & [redacted]

Final Business Response

First & Second Paragraph: The floor was coated with an epoxy urethane and applied with a 1/4" nap roller. This application is specified by the manufacture and these techniques causes an orange peel texture as a seal coat. "Mild sanding or scuffing can be done to remove orange peel, then apply a high solid acrylic wax to refurbish the sheen in multiple coats", AP Floric. The floor scope and countertop was to apply SC-36 Brown Stain in a single application to create modeling and a variegated, uneven appearance. The install was initially done to this per the contract that was acknowledged by the Stones on 6/3/2013. Once the initial SC-36 Brown application was applied, The [redacted]'s requested within less than an hour that another application to "make it darker". I was skeptical, however, this was done in good faith from us. The 23 day delay being described is due to a color change from the original installation of SC-36 Brown in a single application, to a double application of SC-36, Brown, then to Beige, per the [redacted]'s request without written documentation or a change order accepted in the same timeline as the dual application to the floor and the concrete counter tops.

This is the Maintenance Clause in my contract that the [redacted]'s acknowledged on 6/3/2013-Maintenance: The product installed by Contractor will require maintenance by owner. Contractor will provide Owner with the product manufacturer's recommendations for maintenance of its product upon final payment of all money owned under this contract. Owner acknowledges that maintenance is required and agrees that Contractor will not be held responsible for any damages or deficiencies arising out of Owner's failure to follow the manufacturer's maintenance recommendations. The Texture-Crete System should be inspected for wear every 2 to 4 years. The system should be resealed with the appropriate Westcoat clear sealer every 3 to 5 years depending upon traffic and UV exposure.

Pictures stated were taken in poor lighting and shading from a Tablet device, not a professional camera and glare is visible in the poor photograph. "Photos should be taken in good lighting, or a flash is required to ensure picture quality and clear resolution"-Per Cannon website.

Paragraph 3: The color system used for the countertop is an inside application because it does not have the UV stability properties that exterior color systems have. "Designed to be applied on existing concrete or on interior applications. Recommended for use on medium to heavy foot traffic interior residential floors" Westcoat.

A tile piece was made available to me on site from the [redacted]'s after 17 samples were viewed and tangible, to arrive at an example of color and texture. This is the part of the counter top that was being redone based on the change from SC-36 Brown in the original contract single application to two applications to Beige. I was expected from the [redacted]'s to deliver a synthetic product application to the counter top to make it appear as a machine made product on the counter top in order to be acceptable. I mailed 10 samples Fed Ex and in addition I presented 7 samples on the first appointment.

I have made numerous attempts during the vacillation of colors and themes on this project from the start date to the termination date. I have diligently wanted to rectify and problem solve with the [redacted]'s and have been rejected every time since I was terminated in an email on 7/30/2013 and was told by the NSCB, [redacted], that the [redacted]'s told him that I was not welcome or allowed back on their property. Without the opportunity and clear direction of what color or theme to install. The scope detailed per the contract was breached and without a clear understanding of change orders and cost associated with this by the [redacted]'s, this project became very abstract difficult to manage. This is why I asked for written documents as communications. I mentioned that Texts were not acceptable.

Paragraph 5: The issues on this project are a simple resolution, aesthetics, as I have stated many time prior to the termination date of 7/30/2013 that we are ready, willing, able, and capable to perform. We are not granted that by the [redacted]'s.

Review: [redacted] Owner of Spartan Concrete Coatings failed to start/complete agreed job to build an Outdoor Kitchen.

[redacted], owner of Concrete Coatings met with me in I believe in early June of 2013 to have an outdoor kitchen built. Mr. [redacted] did some work for me the year prior and was very pleased with his company. However, this time around, Mr. [redacted] asked for a payment of $6905.27 for appliances being installed into the outdoor kitchen. A check was issued to him on July 19th, 2013 for the amount of $6905.27 and was cashed. Weeks went by until I contacted Mr. [redacted]. Mr. [redacted] advised me some of the appliances were on back order and the company didn't want to send them until they had all the appliances. Again, weeks went by without hearing anything from Mr. [redacted]. I contacted him and he assured me the appliances will be arriving soon. Now we are into early September and again I'm the one contacting Mr. [redacted]. At this time after being told still no appliances, I requested to back out of our agreement and requested a refund for the appliances. Mr. [redacted] asked me to let him make things right. He apologized and again assured me the appliances would be in soon and would get started on the outdoor kitchen within a few days. A few days passed. I attempted to contact Mr. [redacted] and have not heard from him since. I've made many attempts to contact him by phone and emails with no return calls or replies to emails.Desired Settlement: Requesting a refund of $6905.27 for no labor or materials ever delivered to my residence [redacted] in [redacted] CA

Business

Response:

Initial Business Response

[redacted] contacted me on June 7, 2013 to discuss a design and build a custom outdoor kitchen. The scope proposed included custom masonry, concrete countertop, stain & seal, epoxy protective coat, stucco, lathe and color coat, sub contractor for electrical and for plumbing the gas and water.

I provided [redacted] links to a few websites to view and shop for the appliances of his choice. Once his mind was made up on the selection of appliances he was to notify me and I was to place the order. This took place in late August. I placed and paid for the original order, and the amended order for adding another access door, prior to collecting a check that bounced from [redacted] on June 19, 2013. I was notified by my bank Chase, on June 26, 2013 that a check from [redacted] in the amount of $6905.27 bounced. I notified [redacted] of this and he cleared that up by another check that eventually cleared after a 14 day hold at my bank. There were fees associated with this in the amount of $621.77. I elected to not disclose this to [redacted] in good faith because of the detailed and massive scope of work that I was going to install. Also because [redacted] was a previous client that was extremely satisfied with the work and detail that we had done at his residence around his pool.

Through the wait time for the appliances, which has been lengthy, I was given the run around from the supplier on delivery dates and times of anticipated arrival estimation. I was told on numerous calls of back orders and stock unavailability and of expected product delays based on the "busy season". I presented this to [redacted] in emails. I requested the appliances be delivered immediately with a lading label prior to shipping for tracking or a refund via certified funds. Again, the run around. I have contacted an attorney in this matter. Litigation is set for Small Claims Court based on the dollar amount being less than $7500.00 per California guidelines.

[redacted] had a change of heart in September, during the process and the delays. He terminated me via email and the contract as well. Also the contents mentioned this in an email that it was a difficult decision for he and his wife to cancel the contract because he liked me and what I was all about business wise. Also it was causing stress in his and his wife's life.

I contacted [redacted] via call and explained what was going on and he agreed to reaffirm with the Contract contingent upon final details. At that point we scheduled an appointment with my custom mason to meet at his house and go over the layout and finalize the specifics, lighting, plugs, switches, appliance layout, bar top height, raised bar top height, cantilevered edge and style. Even to look over samples of "weathered stone" that [redacted] had from a previous project that I was going to use as a custom and unique detail for the corners, [redacted] was all excited and eager about that. I also had offered to supply a hot water heater, at my expense, for the sink based on the delay as good faith for the delay and so he could have hot water at the out door kitchen sink. He acknowledged and accepted the hot water heater and was pleased that I would offer this without being asked.

Within a week I was terminated again and at this point was the demand for the refund.

I have acquired an attorney in this matter and have been advised to settle this matter outside of the internet post and response process. I am ready, willing, and able to perform, build this outdoor kitchen, refund proper accountings, respond, and advise of intentions in this matter.

Furthermore, I request [redacted] to perform in the deletion of this post and any other comments on any social media posts that are accessed via the internet on any search engine or I will file a lawsuit for breach of contract, defamation of character, and file a mechanic's lien on his residence.

Consumer

Response:

Attached is a copy of the invoice given to me when the appliances were ordered. There was never a contract generated for the job.

Case# [redacted] - [redacted] Consumer Doc.pdf)

Business

Response:

[redacted] contacted me on June 7, 2013 to discuss a design and build a custom outdoor kitchen. The scope proposed included custom masonry, concrete countertop, stain & seal, epoxy protective coat, stucco, lathe and color coat, sub contractor for electrical and for plumbing the gas and water.

I provided [redacted] links to a few websites to view and shop for the appliances of his choice. Once his mind was made up on the selection of appliances he was to notify me and I was to place the order. This took place in late August. I placed and paid for the original order, and the amended order for adding another access door, prior to collecting a check that bounced from [redacted] on June 19, 2013. I was notified by my bank Chase, on June 26, 2013 that a check from [redacted] in the amount of $6905.27 bounced. I notified [redacted] of this and he cleared that up by another check that eventually cleared after a 14 day hold at my bank. There were fees associated with this in the amount of $621.77. I elected to not disclose this to [redacted] in good faith because of the detailed and massive scope of work that I was going to install. Also because [redacted] was a previous client that was extremely satisfied with the work and detail that we had done at his residence around his pool.

Through the wait time for the appliances, which has been lengthy, I was given the run around from the supplier on delivery dates and times of anticipated arrival estimation. I was told on numerous calls of back orders and stock unavailability and of expected product delays based on the "busy season". I presented this to [redacted] in emails. I requested the appliances be delivered immediately with a lading label prior to shipping for tracking or a refund via certified funds. Again, the run around. I have contacted an attorney in this matter. Litigation is set for Small Claims Court based on the dollar amount being less than $7500.00 per California guidelines.

[redacted] had a change of heart in September, during the process and the delays. He terminated me via email and the contract as well. Also the contents mentioned this in an email that it was a difficult decision for he and his wife to cancel the contract because he liked me and what I was all about business wise. Also it was causing stress in his and his wife's life.

I contacted [redacted] via call and explained what was going on and he agreed to reaffirm with the Contract contingent upon final details. At that point we scheduled an appointment with my custom mason to meet at his house and go over the layout and finalize the specifics, lighting, plugs, switches, appliance layout, bar top height, raised bar top height, cantilevered edge and style. Even to look over samples of "weathered stone" that [redacted] had from a previous project that I was going to use as a custom and unique detail for the corners, [redacted] was all excited and eager about that. I also had offered to supply a hot water heater, at my expense, for the sink based on the delay as good faith for the delay and so he could have hot water at the out door kitchen sink. He acknowledged and accepted the hot water heater and was pleased that I would offer this without being asked.

Within a week I was terminated again and at this point was the demand for the refund.

I have acquired an attorney in this matter and have been advised to settle this matter outside of the internet post and response process. I am ready, willing, and able to perform, build this outdoor kitchen, refund proper accountings, respond, and advise of intentions in this matter.

Furthermore, I request [redacted] to perform in the deletion of this post and any other comments on any social media posts that are accessed via the internet on any search engine or I will file a lawsuit for breach of contract, defamation of character, and file a mechanic's lien on his residence.

Consumer

Response:

I'm very dissatisfied with Mr. [redacted] response dated November 20, 2013.

Mr. [redacted] is correct in that I choose one of his appliance suppliers (BBQ Guys). However, the order was placed July 12, 2013 per a Bill of Lading I received from Mr. [redacted] not late August as he mentioned. Mr. [redacted] also mentioned that the first check I wrote in the amount of $6905.27 was dated June 19th. That too is incorrect. The first check I issued to Mr. [redacted] was on July 19, 2013. I was informed a few days later that the check did not clear. I followed up with my bank regarding the check not clearing and I was informed based on transferring funds from another bank on July 15, 2013 via a Cashier's Check, there was a 5 day hold for the funds to clear. I expressed my apologies to Mr. [redacted] and he stated he understood and stated, "no problem". I issued Mr. [redacted] a second check for $6905.27 on July 26, 2013 and according to my bank records it cleared the same day not 14 days later as Mr. [redacted] mentioned. At no time was I ever informed the appliances were back ordered or not available due to the "busy season". On August 23, 2013, I was informed via a voice mail, Mr. [redacted] assuring me I was in good hands and everything will get worked out. Again, after making many attempts to contact Mr. [redacted] and receiving no response, on or around September 17, 2013, I left a message with Mr. [redacted] requesting to terminate the Outdoor Kitchen Project. Shortly thereafter, I received a call from Mr. [redacted] asking me to give him a chance to make things right. On September 19, 2013 I informed Mr. [redacted] that I had a chance to talk with my wife and we decided to move forward with the Outdoor Kitchen once again. I met with Mr. [redacted] and his Mason later that day September 19, 2013. I was very excited it what they proposed and even more excited that they stated they would be starting the next morning. When they didn't show up the next day, I tried contacting Mr. [redacted] to get a follow up with no response. This went on for a week. After approximately 10 days of not being able to talk to Mr. [redacted], I had no option but to leave a message informing him to terminate the Outdoor Kitchen Project. At no time did Mr. [redacted] contact me explaining why he and his Mason didn't show up as agreed.

Business

Response:

I am very disappointed with this response and maneuvering of facts. This is a section of the signed, acknowledged, and executed contract with [redacted]:

"Non-Disparagement: Each Property Owner, Public or Private, Contractor, and Sub-Contractor agrees that, before, during, and thereafter the Contractual Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Spartan Concrete Coatings or any of its material or product suppliers, directors, officers, Affiliates, subsidiaries, employees, agents or representatives".

As [redacted] states on September 19 when we meet to go over the additional items being supplied and the additional details that were discussed, cultured stone edges, hot water heater, design, layouts, and positioning of the arched area of the raised bar top. All of us were on the same page. The contents of that was to have the appliances there first due to the custom build of the Outdoor Kitchen based on the selection of the appliances by [redacted]. There was no agreement or understanding on "tomorrow".

I could not have anticipated that the ordering of these appliances was going to be a back order item or to have a request from the manufacturer to allow shipping of all of the appliances at one time. The only thing that I can think of to request this would be the additional door that [redacted] wanted and placed the order for. This was explained to [redacted] through the waiting process as well.

If I gainfully knew or could have know that I was going to have to go through a legal approach to recoup what [redacted] relied on me to provide, I would have never executed the contract or ordered the appliances on behalf of [redacted]. I would have had [redacted] done this himself and then he could have dealt with this instead of me. Then once the appliances arrived [redacted] could have called me to "restructure" or "amend" the original design build contract that I was asked to provide based on Building the structure, plumbing, electrical, stone, stucco, and the appliances with installation.

I sincerely apologize for the way this transaction has gone with [redacted] and for any tension that it may have caused with his family. I am ready, willing and able to provide and build what was agreed upon with the additional items that were discussed in September if [redacted] will allow this. I am confident that [redacted] and his family would thoroughly enjoy the Outdoor Kitchen that I would build for many years and many entertaining activities and would definitely be one of a kind.

Consumer

Response:

Review: [redacted]

I am rejecting this response because:

Again, I'm disappointed with Mr. [redacted]'s response. If there was no agreement or understanding on "tomorrow", then why didn't he return my calls when attempted to find out why they didn't show up?

I'm sure Mr. [redacted] would deliver an outstanding Outdoor Kitchen. This is why I chose his company. But when? I was very patient over a four month period. His communication has been very inadequate. Also, I just don't fill comfortable moving forward with a company that has threatened to file a lawsuit and a mechanic's lien on my home.

My wife and I would greatly appreciate for this project to be resolved immediately as this project has brought enough stress to our family. I'm requesting a refund of $6905.27, which I paid some five months ago, as Spartan Concrete Coatings failed to provide labor or materials to my residence.

Sincerely,

Business

Response:

I will provide a refund in the amount of $6905.00 to [redacted] for the return of his deposit for the appliances that were ordered on his behalf, however never delivered by the supplier.

Once the litigation and the lawsuit settles that I have filed in this matter against the supplier for taking the deposit, diverting funds from this purchase, and not delivering the appliances as promised. I will make this right with a client who wants a refund. I will maintain contact with you with regards to the settlement offer from the supplier that I have been proposed in the courts in this matter.

Consumer

Response:

I am rejecting this response because: Mr. [redacted] did not provide the date of the litigation or proof of pending litigation. I can't take the risk of this process dragging out to where my time restraints are exhausted to submit my own litigation against Mr. [redacted]. If Mr. [redacted] was to provide the dates and note if the ruling is against him, he will still refund the money, I would except his response provide the litigation date is before May 1st. Personally, I feel my business was with Mr. [redacted] not the Appliance Supplier. Therefore, I should not have to wait for a ruling regarding his dealing with the appliance supplier.

Thank you again Jennifer for your assistance.

Sincerely,

Business

Response:

The litigation date is not set yet as the courts are severely backlogged. This does not mean that I am waiting for the court date to settle this matter with [redacted]. I want to avoid all legal matters with [redacted] as it turns to be extremely lengthy and costly. I want to settle this matter with [redacted] before any litigation starts or exists. The purpose of the previous email is that I was disclosing what the details of what I am doing in this matter with regards to reclaiming what I spent on [redacted]'s behalf with the supplier. I will refund to [redacted] his deposit and chase my legal tracking with the supplier. As it turns out there are more filings against this supplier with similar dealings.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9871563, and find that this resolution is satisfactory to me.

Thank you,