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Texas Nail & Spa Reviews (3)

I have reviewed the response offer made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below [redacted] NEVER offered to return our deposit of $15, We asked manymany times and can provide email evidence We did meet with the builder and developer in Feb and tried to get our money back The developer personally vouched for the builder, they offered us $5,to not terminate the contract, the builder agreed to begin construction by February 27, and complete construction by August 31, Against our better judgement, we agreed.First Addendum: [redacted] – Lot Contract Addendum dated February 13,2014Due to the significant delays in the development and availability of the lots on [redacted] ***, North Creek Construction and the Purchaser’s agree to the following modifications to the previously signed contract:? North Creek Construction (NCC) agrees to lower the purchase price by $5,This discount comes from a $2,discount on the price of the lot by the developer and a $2,discount on the price of the construction of the house provided by North Creek Construction.? NCC agrees to commence permitting and construction of the purchaser’s home right away, within a few weeks.? NCC agrees to have the purchasers’ home complete by August 31st If the construction of the purchasers’ home is not complete by August 31st 2014, NCC will discount the price of the home by $1,000, and an additional $1,for each month the home is not complete after August 31st 2014.When it became evident that the house would not be completed by August 31, 2014, and that we would not be able to get our deposit back, we contacted a real estate attorney, [redacted] with [redacted] and [redacted] She drafted, and [redacted] signed, a second addendum, as follows:SECOND ADDENDUM TO CONSTRUCTION CONTRACTThis Second Addendum to Construction Contract is rnade on this 2nd day of October, 2014, to the Construction Contract dated the 25'l'day of March,and executed on the 7thday of April, between [redacted] *and [redacted] (the "Purchasers"), and NORTH CREEK CORPORATION d/b/a NORTH CREEK CONSTRUCTION (the"Seller") for the construction, purchase and sale of a residence on Lot , [redacted] [redacted] (the "Property"), which was modified via Addendum dated on the l3'l'day of February,(the "Contract")The following provisions are incorporated into and made apart of the Contract:Seller has until December 1, to complete construction of the residence on the Properly as described in the Contract and deliver to Purchasers a valid certificate of occupancy.Seller and its President, [redacted] have, jointly and severally, executed a Demand Note of even date with this addendum in favor of Purchasers in the amount of$23,(the "Note")The Note will be held in escrow by the Purchasers' attorney, [redacted] [redacted] , Esquire of the law firm of [redacted] & [redacted] , P.Ctil December 1, 2014.If the Seller completes construction of the residence described in the Contract on the Property by December 1,2014, the Purchasers' attomey will destroy the NoteIf construction is notcomplete on the residence described in the Contract on the Properly by December 7,2014,the Contract will automatically terminate and the Purchasers' attorney will deliver the Note to thePurchasersUpon delivery of the Note to the Purchasers, the Purchasers will have all rights and remedies available to collect the amounts owed by the Seller and Mr [redacted] on pursuant to theNote.All provisions of the Contract that do not contradict the terms of this addendum shall remain in full force and effect.When the house was STILL not complete by December 1, we informed the attorney that we wanted to walk away and for her to begin the process of enforcing the Demand Note to get back our deposit plus out of pocket expenses It was on our attorney's advice that we tried to calculate the cost of all the items that were done incorrectly or left undone and to make an offer to [redacted] that would compensate us for his mistakes That's what we did She drafted and we executed the Third Addendum December 8, 2014: THIRD ADDENDUM TO CONSTRUCTION CONTRACT This Third Addendum to Construction Contract is made on this 8th day of December, 2014, to the Construction Contract dated the 25th day of March, and executed on the 7th day of April, between [redacted] and [redacted] (the “Purchasers”), and NORTH CREEK CORPORATION d/b/a NORTH CREEK CONSTRUCTION (the “Seller”) for the construction, purchase and sale of a residence on Lot , [redacted] Court, [redacted] (the “Property”), which was modified via addenda dated the 13th day of February, and the 2nd day of October, (the “Contract”) The following provisions are incorporated into and made a part of the Contract: Seller agrees to lower the purchase price of the Property to $307, Closing will take place on or about December 29, (the “Closing”) Seller agrees to perform no further work on the Property between the date of this addendum and the Closing Seller agrees to allow the Purchasers’ flooring sub-contractor access to the Property to refinish the hardwood flooring prior to the Closing All provisions of the Contract that do not contradict the terms of this addendum shall remain in full force and effect [redacted] assertions that we held up any of his progress is patently absurd I have dozens or emails that I could present to support this but I will offer one This is an excerpt from an email that the attorney sent to [redacted] on December 3, 2014:" [redacted] – I have received your email this morning and have cced the [redacted] on this email, so that they will have a copy I will shortly be forwarding you emails that I sent last week, because it is clear to me in reading this email that you have disregarded many of them With respect to a walk-through on December – you never responded to my email, so it was not scheduled However, as you noted in your email, the [redacted] did come by, but when they discovered the windows and the sidewalk were not completed they did not feel it was necessary to view the entire property The house is not 100% completed as agreed It does not conform to the contract specifications You may be able to sell the house, but it is not the house that the [redacted] agreed to buy Even if you want to argue that the windows were not a part of the construction contract, which we would specifically deny, you yourself have conceded that the brick pavers were not installed You stated in your email that you verified on November that the brick pavers were still available and you scheduled installation for the weekend, but cancelled them at the last minute when you received no response from the [redacted] However, I sent you an email on November which specifically stated that the [redacted] would not be purchasing the home UNLESS the windows AND THE SIDEWALK WERE COMPLETED With that in mind, I cannot fathom why you would have cancelled the work"We do not need or want any further correspondence from [redacted] on We just want others to be aware of ***'s record as regards home building There are many others who can substantiate our allegations.Thank you for helping us to provide information on [redacted] on and North Creek Construction Regards, [redacted] And [redacted]

We did sign a contract in March of to build a house for
this client. But what the client is not
disclosing is that this was a contract to build a home on a lot that we did not
own, in a neighborhood that was not developed yet. We met in a big field with no road, no
utilities,
and with a drawing of lots that had not been approved by the
county. We were not the developer of
this property and had no control of the development. The client knew this and still wanted to
build on this particular lot.
Because of this uncertainty, our contract was modified to
state that the completion would be about months after the lot was build ready
and we were able to close on the purchase of the lot and the construction
loan. (we cannot build on a lot that we
don’t own)
The developer was held up for several reasons that had
nothing to do with us, so in February of 2014, when the lot still was not ready
to purchase, we met with the clients and the developer at the same time to
decide what to do. I offered to refund
the deposit, not build the house and let the clients out of the contract, but
the clients decided that they wanted to continue on with the build. We were able to close on the purchase of the lot
in May of and completed the home in November of which is right at
months, as stated in the contract
The clients were already very upset at the beginning of the
project because of the delays in getting started, which were out of our
control, and therefore communication was strained throughout
As far as the items that were not completed per the contract,
each of those items were decisions by the client. The framers made a mistake in the garage
size, and I offered to immediately correct the problem, but the clients decided
against it instead they wanted to add a large dormer on the roof of the garage
to enlarge the bonus room. The clients
decided on a vaulted ceiling in the living room instead of coffered ceiling and
wanted to move the coffered ceiling to the kitchen. We met at the house and they decided that the
coffered ceiling would not work out well in the kitchen, so we gave wainscotting instead, at their request. At the end of the project, there
were some items that we were waiting on a decision from the clients. These included adding brick pavers to the
sidewalk, changing out windows, and a few other things. The clients decided they did not want those
things done and for us discount the price in accordance for those things not
being done

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[redacted] NEVER offered to return our deposit of $15,000.  We asked many. many times and can provide email evidence.  We did meet with the builder and developer in Feb 2014 and tried to get our money back.  The developer personally vouched for the builder, they offered us $5,000 to not terminate the contract, the builder agreed to begin construction by February 27, 2014 and complete construction by August 31, 2014.  Against our better judgement, we agreed.First Addendum:[redacted] – Lot Contract Addendum dated February 13,2014Due to the significant delays in the development and availability of the lots on [redacted], North Creek Construction and the Purchaser’s agree to the following modifications to the previously signed contract:? North Creek Construction (NCC) agrees to lower the purchase price by $5,000. This discount comes from a $2,500 discount on the price of the lot by the developer and a $2,500 discount on the price of the construction of the house provided by North Creek Construction.? NCC agrees to commence permitting and construction of the purchaser’s home right away, within a few weeks.? NCC agrees to have the purchasers’ home complete by August 31st 2014. If the construction of the purchasers’ home is not complete by August 31st 2014, NCC will discount the price of the home by $1,000, and an additional $1,000 for each month the home is not complete after August 31st 2014.When it became evident that the house would not be completed by August 31, 2014, and that we would not be able to get our deposit back, we contacted a real estate attorney, [redacted] with [redacted] and [redacted].  She drafted, and [redacted] signed, a second addendum, as follows:SECOND ADDENDUM TO CONSTRUCTION CONTRACTThis Second Addendum to Construction Contract is rnade on this 2nd day of October, 2014, to the Construction Contract dated the 25'l'day of March,2013 and executed on the 7thday of April, 2014 between [redacted]. and [redacted] (the "Purchasers"), and NORTH CREEK CORPORATION d/b/a NORTH CREEK CONSTRUCTION (the"Seller") for the construction, purchase and sale of a residence on Lot , [redacted] (the "Property"), which was modified via Addendum dated on the l3'l'day of February,2014 (the "Contract"). The following provisions are incorporated into and made apart of the Contract:Seller has until December 1, 2014. to complete construction of the residence on the Properly as described in the Contract and deliver to Purchasers a valid certificate of occupancy.Seller and its President, [redacted] have, jointly and severally, executed a Demand Note of even date with this addendum in favor of Purchasers in the amount of$23,661.93 (the "Note"). The Note will be held in escrow by the Purchasers' attorney, [redacted], Esquire of the law firm of [redacted] & [redacted], P.C. until December 1, 2014.If the Seller completes construction of the residence described in the Contract on the Property by December 1,2014, the Purchasers' attomey will destroy the Note. If construction is notcomplete on the residence described in the Contract on the Properly by December 7,2014,the Contract will automatically terminate and the Purchasers' attorney will deliver the Note to thePurchasers. Upon delivery of the Note to the Purchasers, the Purchasers will have all rights and remedies available to collect the amounts owed by the Seller and Mr. [redacted]on pursuant to theNote.All provisions of the Contract that do not contradict the terms of this addendum shall remain in full force and effect.When the house was STILL not complete by December 1, we informed the attorney that we wanted to walk away and for her to begin the process of enforcing the Demand Note to get back our deposit plus out of pocket expenses.  It was on our attorney's advice that we tried to calculate the cost of all the items that were done incorrectly or left undone and to make an offer to [redacted] that would compensate us for his mistakes.  That's what we did.  She drafted and we executed the Third Addendum December 8, 2014:  THIRD ADDENDUM
TO CONSTRUCTION CONTRACT This Third Addendum to Construction
Contract is made on this 8th day of December, 2014, to the
Construction Contract dated the 25th day of March, 2013 and executed
on the 7th day of April, 2014 between [redacted] and [redacted] (the
“Purchasers”), and NORTH CREEK CORPORATION
d/b/a NORTH CREEK CONSTRUCTION (the “Seller”) for the construction,
purchase and sale of a residence on Lot , [redacted] Court, [redacted] (the
“Property”), which was modified via addenda dated the 13th day of
February, 2014 and the 2nd day of October, 2014  (the “Contract”).  The following provisions are incorporated
into and made a part of the Contract:
             Seller agrees to lower the purchase
price of the Property to $307,500.00.
            Closing will take place on or about
December 29, 2014 (the “Closing”).
            Seller agrees to perform no further
work on the Property between the date of this addendum and the Closing.
             Seller agrees to allow the
Purchasers’ flooring sub-contractor access to the Property to refinish the
hardwood flooring prior to the Closing.
            All provisions of the Contract that
do not contradict the terms of this addendum shall remain in full force and
effect.
 [redacted] assertions that we held up any of his progress is patently absurd.  I have dozens or emails that I could present to support this but I will offer one.  This is an excerpt from an email that the attorney sent to [redacted] on December 3, 2014:" [redacted] –
I have received your email this
morning and have cced the [redacted] on this email, so that they will have a copy. 
I will shortly be forwarding you emails that I sent last week, because it is
clear to me in reading this email that you have disregarded many of
them.
With respect to a walk-through
on December 1 – you never responded to my email, so it was not scheduled. 
However, as you noted in your email, the [redacted] did come by, but when they
discovered the windows and the sidewalk were not completed they did not feel it
was necessary to view the entire property.
The house is not 100% completed
as agreed.  It does not conform to the contract specifications.  You may be able
to sell the house, but it is not the house that the [redacted] agreed to buy.  Even
if you want to argue that the windows were not a part of the construction
contract, which we would specifically deny, you yourself have conceded that the
brick pavers were not installed.  You stated in your email that you verified on
November 24 that the brick pavers were still available and you scheduled
installation for the weekend, but cancelled them at the last minute when you
received no response from the [redacted].  However, I sent you an email on November
24 which specifically stated that the [redacted] would not be purchasing the home
UNLESS the windows AND THE SIDEWALK WERE COMPLETED.  With that in mind, I cannot
fathom why you would have cancelled the work. "We do not need or want any further correspondence from [redacted]on.  We just want others to be aware of [redacted]'s record as regards home building.  There are many others who can substantiate our allegations.Thank you for helping us to provide information on [redacted]on and North Creek Construction.
Regards,
[redacted] And [redacted]

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