The Handyman Angel Fire

> Dear Ms [redacted] ,> I have MrH [redacted] 's latest response, which I received 2/23/18, and which I completely reject As with his previous response, MrH [redacted] shamelessly distorts the actual facts and totally fabricates others About the only fact that we can agree upon is that MrH [redacted] has filed suit against my wife and me The suit, of course, is entirely frivolous and represents another level of harassment from MrH [redacted] Accordingly, I have filed a Request for Investigation with the State seeking criminal penalties against MrH [redacted] It is clear then that this matter will not be resolved through this Revdex.com process, and that further back and forth in this forum is a waste of time I request therefore that the Revdex.com close this matter reflecting that "the parties were unable to resolve the dispute, which is now the subject of litigation and a requested criminal investigation." Alternatively, you could just say the matter was "closed without resolution." In any event, nobody should be given the mistaken impression that the complaint has been "resolved.">> My preference is to close this proceeding in the manner just requested, but I will nevertheless respond to MrH [redacted] 's latest.>> Whether MrH [redacted] notified us before he was hired that he was not a licensed contractor, as he now claims, is simply irrelevant If the State agrees with us that MrH [redacted] was acting as a general contractor requiring licensure under New Mexico law, he will be subject to criminal penalty and may, in addition, be required to refund any and all payments received in the course of the unlicensed activity.>> Notwithstanding MrH [redacted] 's misdirection relating to his mishandling of the floor tile order, the facts are straightforward We identified for MrH [redacted] the exact tile (styles) we wanted weeks before we received his bid to install the tile in our home Nothing he said and nothing in his bid gave us any reason to suspect that the tile included in his bid was anything other than the tile we selected In late November, MrH [redacted] blamed the tile store for being late in delivering one of the tile orders requiring that we select a different tile We learned later that this was untrue, and that MrH [redacted] had completely failed to order the tile we originally selected We didn't like the substitute tile as much as the original, but because of MrH [redacted] 's neglect and delay, we had no choice if we were to have any chance of meeting our completion deadline So, if in fact MrH [redacted] had to drive to Albuquerque, it was solely because he waited too late to order the tile And while it was small consolation, MrH [redacted] told us that the substitute tile was less expensive than what we had originally selected Now, however, he is claiming that the tile was "considerably more expensive" than what was in his bid This allegedly more expensive tile was, by itself, the basis for a totally unexpected "additional charge" of $9,presented to me for the first time on December When I objected to this charge, MrH [redacted] told me that the retail price of the substitute tile was $per square foot This was another lie At MrH [redacted] 's suggestion, I went to the tile store and learned that the retail price of the tile was $per square foot, and that MrH [redacted] 's cost was even less There was no "deceit" by us with the tile store We told the clerk we owned the house that MrH [redacted] was working on and asked for the retail price of the tile that he had ordered The tile store clerk voluntarily shared the retail price and told us that MrH [redacted] had failed to order the tile we originally selected MrH [redacted] 's assertion that I have received a letter from the tile company "noting that [I] had misled them" is totally and, as with all of his other misstatements, is not supported by any documents.>> MrH [redacted] 's account of the problems with the granite installation is both puzzling and incorrect He seems to be suggesting that the problems were our fault because we chose to go with his recommended installer over ***s He never recommended that we go with ***s over his installer - undoubtedly because he planned to make money on it if his man was used The actual chronology is reflected in text communications MrH [redacted] was given a picture and name of the exact granite we wanted on October The amount of the detailed ***s bid to install the granite (which contrary to MrH [redacted] 's assertion included all sinks and sink cut-outs) was provided to him on November 3, and he was asked whether his granite man could match it On November 7, after four days of no response, I fol***d up On November he said his man could match it, and based on his recommendation, I went with his man A week later, however, he told me his man could not get the granite we had selected, and sent pictures of possible alternatives I responded the same morning asking about the finish I received no response and fol***d up the next day Still no response, so I fol***d up again two days later, on November Mr H [redacted] did respond to that text telling us that his man believed he had some granite we would want I responded immediately telling him that I was "anxious to see the granite." However, it wasn't until another week later, on November 22, that he finally sent me a picture of the proposed granite We were not particularly fond of the choice, but by this time we felt it was too late to have the granite installed by ***s in time to meet our completion deadline (December 15) Thus, MrH [redacted] 's assertion that we were responsible for the delays is untrue MrH [redacted] is similarly mistaken about the granite backsplash, which was included in the bid from ***s MrH [redacted] was copied on the bid request with the backsplash specifically included.>> MrH [redacted] 's account regarding a possible mediation is grossly inaccurate I was perfectly willing to mediate And while MrH [redacted] initially said he was similarly willing, that willingness apparently evaporated overnight when the proposed mediator indicated to MrH [redacted] that the facts were not on his side.>> Regarding MrH [redacted] 's assertions regarding what transpired the week of November 11-18, he simply wasn't there and has no first hand knowledge He told us that his trip to New York was to see medical specialists for his wife Now he says she "needed a break," and mentions nothing about medical appointments Meanwhile, while he was taking a break in upstate New York, my wife and I were working desperately to get the house in rentable condition We were spackling, painting, hanging doors, helping to carry in and place granite, installing an ice maker, assembling the beds and moving the furniture, attempting to patch the damaged deck, cleaning the entire house inside and out, making runs to the hardware store and the city dump, hiring a painter, and dealing directly with the other subs who apparently had not been paid to work that week.>> What MrH [redacted] doesn't seem to understand is that he isn't entitled to be paid for work that wasn't done, and that when he bids a job (in this case knowing exactly what tile is to be used) he needs to honor that bid In this case, he gave us a bid to do a lot of work for $34, He assured me that i) the $34,amount included all the work we had discussed (except those items specifically enumerated on the second page of the bid); ii) the work would not interfere with our December rentals; and iii), the house would be cleaned and renter-ready when he left A lot of the bid work wasn't done at all: bedroom closets weren't repaired; the storage cabinet was not built, the upstairs hallway closet door was not replaced, radiant heat was not installed, bathroom fixtures were not installed, and cabinet and drawer pulls were not installed Other things associated with the flooring work, like replacing torn out base boards and rehanging closet doors in the bedrooms should have been covered by the bid, but apparently MrH [redacted] sees it differently We still don't have closet doors in any of the bedrooms The house was not nearly ready for renters on December (when renters had been scheduled to arrive) - for example, there was bare subflooring around the fireplace where a hearth had not yet been installed, the vented hood in the kitchen had still not been installed, countertops had not been sealed, baseboards were still being painted and installed, and at least two full days of cleaning were still required So, contrary to MrH [redacted] 's assertion, we were forced to cancel the rental and lost that rental income Finally, MrH [redacted] did not take care of the cleaning, we did.>> Notwithstanding all these deficiencies, we were coerced into paying $10,over his bid in order to keep men on the job and avoid losing the rest of our winter season rentals.>> MrH [redacted] has no case By his own admission, his total cost (materials and labor) for the countertops and flooring - which is essentially all that was done- was about $29, He has been paid over $44, Yet still he demands more I have repeatedly asked MrH [redacted] to provide me with documents supporting his claim, but he never has And while he frequently purports to have such documents, it is telling that he has failed to provide any of them in this Revdex.com proceeding.>> I have not responded to every statement in MrH [redacted] 's response, but will certainly do so as appropriate in the litigation I reiterate my request that this proceeding be closed as "unresolved.">> Sincerely,> [redacted]

Dear Ms. [redacted] ,I received your letter of 1/26/18 forwarding the message of The Handyman Angel Fire (the "Handyman"), and, based on the conversation I had with you earlier this week, I understand that no documents were provided by the Handyman to support his specious claims.I do not accept the Handyman response, and offer the following in reply. First, I would refer back to my 12/26/17 email to the Handyman (previously forwarded and attached again for convenience), which sets forth in detail the manner and amount by which the Handyman overcharged us for the work that was done on our home at [redacted] in Angel Fire. The Handyman never responded to this e-mail, and the fact that he has no documents to back up any of his claims should put this matter to rest.It was difficult to find any truthful or accurate statements in the Handyman response, but I did find one: we were informed of the need for floor leveling and agreed to cover that expense ($925). The rest of the Handyman response is pure fiction. For example:- The tile selection for all floors was made and communicated to the Handyman a month before he gave us his bid. It was only changed after he waited too late to order it and we had to accept a backup that he suggested - with the understanding that the backup was less expensive than our first choice. It was never explained to us before receiving the Handyman's invoice on December 13, that the backup tile was more expensive than the tile we had selected and reasonably assumed was covered by the bid. Until that date, he never told us that the backup tile was 8-9 times more expensive or that it would result in any increased cost at all, much less an increase of $9000.- There was no "misrepresentation" to the tile company as he alleges. To justify the $9000 increase he was demanding, he told us that the retail cost of the backup tile was $12/square foot, and that his cost was $9 something a square foot. This seemed very high to me, so I went to the tile store and asked the clerk. I did not misrepresent myself to the clerk, nor did I ask for wholesale pricing. I simply asked about retail prices, and was shown the invoice for the backup tile purchased by the Handyman. Contrary to his representations to me, the retail cost of that tile was $7/square foot (not $12) and he paid 6 something for it.- Regarding renters, the Handyman was informed in August that we had December rentals scheduled and that it was imperative that the work not interfere with the rentals. He assured us that it would not be a problem. In November, he was reminded again of the rentals and told that the first December rental was scheduled for December 18. We asked that all work be completed by December 15, so we would have time to thoroughly clean before the renters arrived. Again, he assured us it would not be a problem. Nevertheless, the work was not completed by the 15th as promised, and we were forced to cancel our December 18 rental, incurring a loss of $850 in rent. Moreover, on December 13, the Handyman demanded $22,000 allegedly to pay his men, and clearly intimated that failure to pay would result in work stoppage and defaulting on our rental commitments. I protested the amount, but reluctantly paid to avoid a work shutdown. But for long hours put in by a former partner of the Handyman, my wife, and myself the week of December 18, we would likely have lost all of the rest of our rentals for the winter season as well. The Handyman was out of town that entire week and has no first hand knowledge of anything that happened, nor, to my knowledge has he been on the premises to see that much of the work he had bid to do was not in fact done.- Regarding the granite countertops, similar to the tile, we were informed late that the granite we had selected was not available. By the time we learned of its unavailability, it was too late to have another contractor (***'s) do the job, and we were forced to go with a second choice on the granite. The only change to the countertop job (re-cutting the main slab) was insisted upon by the Handyman, not us. If he was referring to the backsplash, that detail was included in an 11/3 email to him that was the basis for his bid. There was no need for the Handyman to pay anyone out of his pocket, as he was paid in full for the granite job ($6900, plus $200 for the kitchen sink).- Regarding mediation, I was fine with that approach as I hoped it would help the Handyman to realize that he had already been overpaid for the work that was done. But in less than 24 hours, the Handyman did an about face, refused to participate in mediation, and issued outrageous threats to shut down my rental business for months if I didn't pay him everything he demanded that very day. I can only assume that the intended mediator told the Handyman that his position was untenable, and that's why he resorted to threats. It's difficult to see how being on the receiving end of those threats constitutes "acting as a bully" as he now suggests.- I am not aware of any other individuals who have any claims against me, but I can imagine that the Handyman would not be above coercing his subs to support him by withholding their pay.The bottom line is that we have overpaid the Handyman for the job in question. He bid the job for $34,515, and assured us that it included everything we discussed (with the only exceptions being itemized on the second page of the bid), and that the property would be left in condition for renters. He did not perform. The work was not completed on time, we did not get our first choice of tile on two of the three floors, we did not get our first choice of granite - and the granite work was subpar, we did not get our first choice of carpet, we did not get the radiant heat we requested in the bathrooms, the closets were not fixed, the storage cabinets were not built, many of the bathroom fixtures were not replaced, our front deck was damaged, and the bedroom closet doors were not re-hung. Still, the Handyman thinks he is entitled to more money. We have already paid him $44,100, almost $10,000 over his bid. We have also put in at least 80 man hours of work ourselves, and paid about another $5,000 for work done to get the house renter-ready the weeks of December 11 and 18. The Handyman was out of town the entire week of December 18, and we were left to do the job he should have been doing.I learned today that the Handyman has continued his harassment by filing suit against us in contravention of New Mexico law, which prohibits an unlicensed contractor from filing suit to enforce claims alleged to arise from a construction related job. Although it will cost us more money, we intend to aggressively defend this suit and will seek all damages, punitive and actual, to which we are entitled.Please let me know if you need anything further.Kind regards, [redacted]

We met with the ***’s at their home at ** *** *** ***, *** *** ** *** in September of 2017. Although they appeared to understand their budget and material choices it soon became apparent that not only did they not want their choices they clearly had a change in budget well after
materials had been chosen. In addition, on several occasions, *** *** was told that the cost of materials was considerably higher than we had bid and by how much, but she stated “it doesn’t matter, its what I want.” Subsequently, I explained to her husband *** *** several times as well, that the cost of the material his wife wanted was to times more expensive than we had bidHe simply stated that it was what his wife wanted. Several times I told and showed him the cost per square foot against the total square footage of his work required. He was well informed and approved all of the costs until it was not to his benefit. (I did not realize the Mr*** wanted me to pay for his wife’s tile choices over my bid.) Mr*** knew he was not going to pay the complete bill which is documented in texts from him in my possession. Mr*** lied and misled me knowing that he was only going to pay what it took to have my guys finish the job and stiff me for the balance. The tile company we ordered the tile from had our complete order and when we went back for the second part of the order we discovered that they hadn’t heard back from us so had not ordered the second set of tiles. This put a delay on our installation timeframe. We had made it clear to the tile company that all of the tile needed to be ordered and brought in for our use. We conferred with the ***’s and ordered replacement for two-thirds of the tile needs. The ***’s commented about how much they liked the new tile choice(It was almost identical.) Mr*** misrepresented himself to my tile supplier asking for wholesale costs of tiles which he is now asking that I charge him at my discounted cost. Due to floors at ** *** *** *** that were not level, there was substantial additional work and cost required to tile on all three levels. The ***’s were made aware of this and approved the additional costs. As the floors were not level and created additional time constraints I asked the ***’s about potential renters for the winter seasonI had asked previously and was told on December 12, that there were no current renters scheduled. On the 13th of December we were notified that there was a rental scheduled for the 23rd of December. According to my tile guy (whom the ***’s thought was doing a “Herculean job” that was beautiful), he could be done with the house and put back together by the 20-21st of December. All in time for house cleaning. We worked 10-hour days to meet their rental schedule. Although my tile guy was and is convinced that we could meet their time schedule; the ***s made the decision to delay for another week to the 23rd. Their choice, not mine. My granite guy completed the countertops, at his bid, as there were no other changes to be made for the job. Subsequently there were changes made at the ***’s request and the ***’s have refused to pay for the changes they specifically requested. When the job was complete the ***’s chose to pay my workers texting me how magnanimous they were by paying them for additional work above and beyond what I had contracted them to do. I contract with my guys for a job and have paid them in full out of my pocket for the completion, as contracted, and the overtime costs of the *** house in Angel Fire. *** asked at least four of my men to do some additional work of which they have paid one. All of the men working for me commented on how difficult and unpleasant it was to be around the ***’s and that they had in fact s*d them down substantially from completion in a timely manner Over the next few weeks several phone calls and texts went back and forth to no avail as he only wanted me to ‘walk away’. *** *** then suggested that we consider a Mediator. He asked how I would feel about using *** *** from Angel Fire. I agreed based on the agreement that both sides would agree to Mr***’s recommendation. I met with Mr*** and waited to hear back from him after his discussion with Mr***. Mr*** called me back to let me know that he was going to recuse himself from being the mediator as the only answer *** would agree to is that I walk away with no payment on my final invoice. Obviously Mr*** was not really interested in mediation. I now understand that Mr*** has now done the same thing to three other individuals whom will be individually filing Civil suits for lack of payment along with me. Angel Fire is a small resort town in New Mexico. Mr*** seems to believe that because he is from Texas and a *** ***, that those of us living in Angel Fire should be paid less than you might find anywhere else in the country or not at all. My fees are actually less that he would have found with any licensed contractor in Angel Fire, NM. He hired me knowing I was not a licensed contractor (which he now conveniently denies) and immediately recognized the benefit of my substantially ***r hourly fees as well as, in this case, no overtime fees for the remarkable overtime work done by my guys to meet their deadlines. We deserve to be treated as professionals not as a group of country bumpkins that he can threaten, bully and manipulate. Acting as a bully, he is underhanded and never intended to fully pay as is documented in detail. We are well respected in Angel Fire and in high demand due to the superior quality of work we provide. He received our services and we are now looking to be paid

> Dear Ms. [redacted],> I have Mr. H[redacted]'s latest response, which I received 2/23/18, and which I completely reject.  As with his previous response, Mr. H[redacted] shamelessly distorts the actual facts and totally fabricates others.  About the only fact that we can agree upon is that Mr. H[redacted] has filed suit against my wife and me.  The suit, of course, is entirely frivolous and represents another level of harassment from Mr. H[redacted].  Accordingly, I have filed a Request for Investigation with the State seeking criminal penalties against Mr. H[redacted].  It is clear then that this matter will not be resolved through this Revdex.com process, and that further back and forth in this forum is a waste of time.  I request therefore that the Revdex.com close this matter reflecting that "the parties were unable to resolve the dispute, which is now the subject of litigation and a requested criminal investigation."  Alternatively, you could just say the matter was "closed without resolution."  In any event, nobody should be given the mistaken impression that the complaint has been "resolved.">> My preference is to close this proceeding in the manner just requested, but I will nevertheless respond to Mr. H[redacted]'s latest.>> Whether Mr. H[redacted] notified us before he was hired that he was not a licensed contractor, as he now claims, is simply irrelevant.  If the State agrees with us that Mr. H[redacted] was acting as a general contractor requiring licensure under New Mexico law, he will be subject to criminal penalty and may, in addition, be required to refund any and all payments received in the course of the unlicensed activity.>> Notwithstanding Mr. H[redacted]'s misdirection relating to his mishandling of the floor tile order, the facts are straightforward.  We identified for Mr. H[redacted] the exact tile (2 styles) we wanted weeks before we received his bid to install the tile in our home.  Nothing he said and nothing in his bid gave us any reason to suspect that the tile included in his bid was anything other than the tile we selected.  In late November, Mr. H[redacted] blamed the tile store for being late in delivering one of the tile orders requiring that we select a different tile.  We learned later that this was untrue, and that Mr. H[redacted] had completely failed to order the tile we originally selected.  We didn't like the substitute tile as much as the original, but because of Mr. H[redacted]'s neglect and delay, we had no choice if we were to have any chance  of meeting our completion deadline.  So, if in fact Mr. H[redacted] had to drive to Albuquerque, it was solely because he waited too late to order the tile.  And while it was small consolation, Mr. H[redacted] told us that the substitute tile was less expensive than what we had originally selected.  Now, however, he is claiming that the tile was "considerably more expensive" than what was in his bid.  This allegedly more expensive tile was, by itself, the basis for a totally unexpected "additional charge" of $9,000 presented to me for the first time on December 13.  When I objected to this charge, Mr. H[redacted] told me that the retail price of the substitute tile was $12 per square foot.  This was another lie.  At Mr. H[redacted]'s suggestion, I went to the tile store and learned that the retail price of the tile was $7.09 per square foot, and that Mr. H[redacted]'s cost was even less.  There was no "deceit" by us with the tile store.  We told the clerk we owned the house that Mr. H[redacted] was working on and asked for the retail price of the tile that he had ordered.  The tile store clerk voluntarily shared the retail price and told us that Mr. H[redacted] had failed to order the tile we originally selected.  Mr. H[redacted]'s assertion that I have received a letter from the tile company "noting that [I] had misled them" is totally false and, as with all of his other misstatements, is not supported by any documents.>> Mr. H[redacted]'s account of the problems with the granite installation is both puzzling and incorrect.  He seems to be suggesting that the problems were our fault because we chose to go with his recommended installer over [redacted]s.  He never recommended that we go with [redacted]s over his installer - undoubtedly because he planned to make money on it if his man was used.  The actual chronology is reflected in text communications.  Mr. H[redacted] was given a picture and name of the exact granite we wanted on October 15.  The amount of the detailed [redacted]s bid to install the granite (which contrary to Mr. H[redacted]'s assertion included all sinks and sink cut-outs) was provided to him on November 3, and he was asked whether his granite man could match it.  On November 7, after four days of no response, I fol[redacted]d up.  On November 8 he said his man could match it, and based on his recommendation, I went with his man.  A week later, however, he told me his man could not get the granite we had selected, and sent pictures of possible alternatives.  I responded the same morning asking about the finish.  I received no response and fol[redacted]d up the next day.  Still no response, so I fol[redacted]d up again two days later, on November 16.  Mr H[redacted] did respond to that text telling us that his man believed he had some granite we would want.  I responded immediately telling him that I was "anxious to see the granite."  However, it wasn't until another week later, on November 22, that he finally sent me a picture of the proposed granite.  We were not particularly fond of the choice, but by this time we felt it was too late to have the granite installed by [redacted]s in time to meet our completion deadline (December 15).  Thus, Mr. H[redacted]'s assertion that we were responsible for the delays is untrue.  Mr. H[redacted] is similarly mistaken about the granite backsplash, which was included in the bid from [redacted]s.  Mr. H[redacted] was copied on the bid request with the backsplash specifically included.>> Mr. H[redacted]'s account regarding a possible mediation is grossly inaccurate.  I was perfectly willing to mediate.  And while Mr. H[redacted] initially said he was similarly willing, that willingness apparently evaporated overnight when the proposed mediator indicated to Mr. H[redacted] that the facts were not on his side.>> Regarding Mr. H[redacted]'s assertions regarding what transpired the week of November 11-18, he simply wasn't there and has no first hand knowledge.  He told us that his trip to New York was to see medical specialists for his wife.  Now he says she "needed a break," and mentions nothing about medical appointments.  Meanwhile, while he was taking a break in upstate New York, my wife and I were working desperately to get the house in rentable condition.  We were spackling, painting, hanging doors, helping to carry in and place granite, installing an ice maker, assembling the beds and moving the furniture, attempting to patch the damaged deck, cleaning the entire house inside and out, making runs to the hardware store and the city dump, hiring a painter, and dealing directly with the other subs who apparently had not been paid to work that week.>> What Mr. H[redacted] doesn't seem to understand is that he isn't entitled to be paid for work that wasn't done, and that when he bids a job (in this case knowing exactly what tile is to be used) he needs to honor that bid.  In this case, he gave us a bid to do a lot of work for $34,000.  He assured me that i) the $34,000 amount included all the work we had discussed (except those items specifically enumerated on the second page of the bid); ii) the work would not interfere with our December rentals; and iii), the house would be cleaned and renter-ready when he left.  A lot of the bid work wasn't done at all: bedroom closets weren't repaired; the storage cabinet was not built, the upstairs hallway closet door was not replaced, radiant heat was not installed, bathroom fixtures were not installed, and cabinet and drawer pulls were not installed.  Other things associated with the flooring work, like replacing torn out base boards and rehanging closet doors in the bedrooms should have been covered by the bid, but apparently Mr. H[redacted] sees it differently.  We still don't have closet doors in any of the bedrooms.  The house was not nearly ready for renters on December 18 (when renters had been scheduled to arrive) - for example, there was bare subflooring around the fireplace where a hearth had not yet been installed, the vented hood in the kitchen had still not been installed, countertops had not been sealed, baseboards were still being painted and installed, and at least two full days of cleaning were still required.  So, contrary to Mr. H[redacted]'s assertion, we were forced to cancel the rental and lost that rental income.  Finally, Mr. H[redacted] did not take care of the cleaning, we did.>> Notwithstanding all these deficiencies, we were coerced into paying $10,000 over his bid in order to keep men on the job and avoid losing the rest of our winter season rentals.>> Mr. H[redacted] has no case.  By his own admission, his total cost (materials and labor) for the countertops and flooring - which is essentially all that was done- was about $29,000.  He has been paid over $44,000.  Yet still he demands more.  I have repeatedly asked Mr. H[redacted] to provide me with documents supporting his claim, but he never has.  And while he frequently purports to have such documents, it is telling that he has failed to provide any of them in this Revdex.com proceeding.>> I have not responded to every false statement in Mr. H[redacted]'s response, but will certainly do so as appropriate in the litigation.  I reiterate my request that this proceeding be closed as "unresolved.">> Sincerely,> [redacted]

Dear Ms. [redacted] I am just now reading the response from Mr. [redacted] regarding my response to his original allegations with you. As Mr. [redacted] correctly noted I have filed suit against him for lack of payment.  According to my attorney and New Mexico law I can file suit against Mr. [redacted] for lack of payment on a job that I or my workers performed.  I am sure you already know this.   Mr. [redacted] was told by me (before the job I did for him started), that I was not a Licensed Contractor in the State of New Mexico and that the work we were doing for him did not require a permit, economic ceiling nor a Licensed Contractor.  I have all of the documents necessary to support my claims as does Mr. [redacted].  They will be shared in court and can be shared with you.  They are extensive and cover almost everything being dealt with here. Mr. [redacted] was given the cost of the tile based on my costs plus a markup.  My original bid estimate was based on considerably cheaper tile but the [redacted]s chose a considerably more expensive tile and cannot seem to understand that different tile require different installation costs.  In addition Mr. [redacted] seems to forget there is cost of equipment, travel time, labor issues, among many other factors, are a part of the costs of doing any type of construction work.  It is not only usual for materials to be marked up but is customary.  For the tile company to show my customer my invoice is not customary and is generally only done through deceit.  And having talked with the tile company I believe it was done through his deceit.  The tile company told me that he claimed to be a part of my company or they would have not shown my costs to him.  He received a letter from the tile company noting that he had misled them.  Nonetheless a mark up of 20 to 100 percent is not unusual.  In addition, I had to drive to Albuquerque ( 4 hours each way) to pick up his tile after waiting 2 hours for the tile to arrive from the warehouse. Mr. [redacted] is correct, he did inform us of the December 18 rental date but not until November.   The moment we were told of the rental I immediately confirmed with my team that they could in fact complete the job by the 15th of December or at the latest on the 16th of December.  I agreed to help the [redacted]s with the cleanup at no additional charge if we needed to extend to the 16th.  On December 13th Mr. [redacted] decided to cancel the rental on his own volition. In late October, I have several texts noting that I told Mr. [redacted], “by all means lets go with them. ([redacted]s)”.  On November 3, 2017 I told Mr. [redacted], “[redacted] (local granite installer) seems convinced he can beat [redacted]s estimate. But I am happy either way.”  Subsequently the local granite installer told me that he would match the price from [redacted]s but that [redacted]s would only sell their granite to an official [redacted]s installer meaning that the [redacted]s would have to choose a different granite.  All of this was shared with Mr. [redacted] and he decided to go with the local granite installer even knowing that we could not get the granite he originally chose.  There were no delays that would have prohibited [redacted]s from bringing the granite.  Any delays were incurred by the [redacted]’s decisions only. Mr [redacted] decided to not use [redacted]s because, for the same price as the local installer, [redacted]s would pre cut the lengths and then another installer would be required to cut out the granite for the sinks and faucets substantially increasing his costs for the granite.  All of this is documented.   The local granite installer cut the tile around the sink in a manner that was not as designed.   I chose to have it redone at no additional cost to the [redacted]’s for recutting the kitchen slab after the cut around the sink was done incorrectly.  It was my choice and there was no additional cost to Mr. [redacted] for re-cutting the slab.  The backsplash was a different item and had additional cost. As to the mediation suggestion by Mr. [redacted]; he did suggest a local respected realtor here in Angel Fire, Mr. [redacted], to serve as the Mediator.  Mr. [redacted] and his sister then and still now represent Mr. [redacted] in renting their cabin in Angel Fire.  I agreed to Mr. [redacted]'s recommendation and contacted Mr. [redacted], then subsequently met with him and shared all of the documentation.  Mr. [redacted] told me he would review all of my documents and suggested that there might be a reduction on my final bill.  I told him that is what mediators do and that I would absolutely agree to his final decision.  Mr. [redacted] then contacted Mr. [redacted] to understand “his side of the disagreement”.  Mr. [redacted] talked with Mr. [redacted] at length then contacted me the following day to tell me that he would have to recuse himself as Mr. [redacted] did not want mediation, he wanted Mr. [redacted] to tell me that it was his way or no way - no further payment from [redacted].  So in fact it was Mr. [redacted] that refused to participate in true mediation.  Several days later I asked Mr. [redacted] to try one more time with Mr. [redacted] but was told that his answer was final - No further payment to Mr. H[redacted]!  Clearly Mr. [redacted], a litigator out of Texas, doesn’t understand how mediation works or chose to create his own definition.  Please feel free to contact Mr. [redacted] for confirmation. Mr.  [redacted]###-###-####  Mobile###-###-####  Office All of the people I hired for the [redacted] job have been paid in full by me for the work they bid on.  There is no coercion.  I have been told by the granite installer that Mr. [redacted] asked him to do additional work outside of my invoices.  The granite installer had brought in a plumber that is also owed money.  I was not and am not in charge of them nor have I paid them anything additional from their original bid as they did not do this additional work through my company.   The [redacted]’s got their choices on the granite and clearly could have gone with [redacted]s (with my encouragement and support).    The radiant heat had been talked about originally but was not on the invoices.  Had they noticed that the radiant heat for the bathrooms was not on the invoice and said something we would have added radiant heat.  In addition,  we had the time to install the radiant heat when they noticed radiant heat was not installed but they chose to not add it claiming it would cause a delay.  We were clear that we could get it done for them based on the time available.   The [redacted]s told me they would provide the fixtures including the sinks for the kitchen and three bathrooms.  We installed what they provided. The front deck was damaged when the hearthstone they chose was dropped on the front deck.  We offered to repair it at no cost - they said no.  During the final cleanup the doors were rehung and the furniture moved back in place.   My lead guy, Eric H[redacted], was in charge of this project from start to finish.  He has over 30 years of experience and the [redacted]s often commented on how impressed they were with him and how much they liked his work.  Eric worked from early in the morning to midnight for a number of days.   In early November I had notified the [redacted]s that I would be out of town from December 11-18th and that Eric would continue to be in charge of the job while I was gone.  My wife has cancer and needed a break.  They were quite supportive of that decision regarding my wife and told me, “... we love Eric’s work and we have great confidence in him while you are gone”. Last but not least.  Mr. [redacted] was shown the Change Order which he is now disputing.  He made it clear in subsequent texts that when he saw the bill he needed to ask a number of questions as to the amounts.  After some detailed discussions he told me that he understood, agreed and would pay a portion of it now and the balance when the job was done approximately one week later.  That is a common practice in construction work and he assured me that it would be paid. After the job was done and I asked for the final payment told me he “never intended to pay the final amount”.  I have the documents to prove this.  He lied to me and maliciously misled me.  He told me that he was afraid that I would stop the work being done instead of having the common courtesy of having a discussion with me at the time to resolve any and all concerns that they might of had.  We had talked in detail and he had agreed telling me than when the job was complete he would pay the balance due as discussed with the Change Order. It now appears from his last response to you, that he paid the people I contracted with, an additional $5,000.  Having talked to Eric H[redacted], it was my understanding that Mr. [redacted] had paid him an additional $2,000  for additional work outside of what I had contracted with him for the [redacted] work. On the other hand, there was additional work that the [redacted]s had requested from [redacted] the granite installer and his plumber which from my last conversation with [redacted] had not been paid.  I cannot account for $2,000 much less $5,000 of additional work over and above the bid and Change Order that I had provided to him. My workers contract directly with me to do specific work and they have been paid in full according to their respective agreements with me.  I pay according to my commitments and my word.  Mr. [redacted] agreed to pay me to complete a job not my workers.  According to my agreement with my workers for the [redacted] job they have been paid in full.  It doesn’t allow him to not pay what he agreed to pay me and then overpay my subs at his decision.   Mr. [redacted]’s discrepancies in his last two letters goes directly to discrediting his own reputation. If you need any and all of the documentation that I will take with me to court please provide your text or email information and I will provide them to you. Best regards, Edward H[redacted]

Dear Ms. [redacted],I received your letter of 1/26/18 forwarding the message of The Handyman Angel Fire (the "Handyman"), and, based on the conversation I had with you earlier this week, I understand that no documents were provided by the Handyman to support his specious claims.I do not accept the Handyman response, and offer the following in reply.  First, I would refer back to my 12/26/17 email to the Handyman (previously forwarded and attached again for convenience), which sets forth in detail the manner and amount by which the Handyman overcharged us for the work that was done on our home at [redacted] in Angel Fire.  The Handyman never responded to this e-mail, and the fact that he has no documents to back up any of his claims should put this matter to rest.It was difficult to find any truthful or accurate statements in the Handyman response, but I did find one: we were informed of the need for floor leveling and agreed to cover that expense ($925).  The rest of the Handyman response is pure fiction. For example:- The tile selection for all floors was made and communicated to the Handyman a month before he gave us his bid.  It was only changed after he waited too late to order it and we had to accept a backup that he suggested - with the understanding that the backup was less expensive than our first choice.  It was never explained to us before receiving the Handyman's invoice on December 13, that the backup tile was more expensive than the tile we had selected and reasonably assumed was covered by the bid.  Until that date, he never told us that the backup tile was 8-9 times more expensive or that it would result in any increased cost at all, much less an increase of $9000.- There was no "misrepresentation" to the tile company as he alleges.  To justify the $9000 increase he was demanding, he told us that the retail cost of the backup tile was $12/square foot, and that his cost was $9 something a square foot.  This seemed very high to me, so I went to the tile store and asked the clerk.  I did not misrepresent myself to the clerk, nor did I ask for wholesale pricing.  I simply asked about retail prices, and was shown the invoice for the backup tile purchased by the Handyman.  Contrary to his representations to me, the retail cost of that tile was $7/square foot (not $12) and he paid 6 something for it.- Regarding renters, the Handyman was informed in August that we had December rentals scheduled and that it was imperative that the work not interfere with the rentals.  He assured us that it would not be a problem.  In November, he was reminded again of the rentals and told that the first December rental was scheduled for December 18.  We asked that all work be completed by December 15, so we would have time to thoroughly clean before the renters arrived.  Again, he assured us it would not be a problem.  Nevertheless, the work was not completed by the 15th as promised, and we were forced to cancel our December 18 rental, incurring a loss of $850 in rent.  Moreover, on December 13, the Handyman demanded $22,000 allegedly to pay his men, and clearly intimated that failure to pay would result in work stoppage and defaulting on our rental commitments.  I protested the amount, but reluctantly paid to avoid a work shutdown.  But for long hours put in by a former partner of the Handyman, my wife, and myself the week of December 18, we would likely have lost all of the rest of our rentals for the winter season as well.  The Handyman was out of town that entire week and has no first hand knowledge of anything that happened, nor, to my knowledge has he been on the premises to see that much of the work he had bid to do was not in fact done.- Regarding the granite countertops, similar to the tile, we were informed late that the granite we had selected was not available.  By the time we learned of its unavailability, it was too late to have another contractor ([redacted]'s) do the job, and we were forced to go with a second choice on the granite.  The only change to the countertop job (re-cutting the main slab)  was insisted upon by the Handyman, not us.   If he was referring to the backsplash, that detail was included in an 11/3 email to him that was the basis for his bid.  There was no need for the Handyman to pay anyone out of his pocket, as he was paid in full for the granite job ($6900, plus $200 for the kitchen sink).- Regarding mediation, I was fine with that approach as I hoped it would help the Handyman to realize that he had already been overpaid for the work that was done.  But in less than 24 hours, the Handyman did an about face, refused to participate in mediation, and issued outrageous threats to shut down my rental business for months if I didn't pay him everything he demanded that very day.  I can only assume that the intended mediator told the Handyman that his position was untenable, and that's why he resorted to threats.  It's difficult to see how being on the receiving end of those threats constitutes "acting as a bully" as he now suggests.- I am not aware of any other individuals who have any claims against me, but I can imagine that the Handyman would not be above coercing his subs to support him by withholding their pay.The bottom line is that we have overpaid the Handyman for the job in question.  He bid the job for $34,515, and assured us that it included everything we discussed (with the only exceptions being itemized on the second page of the bid), and that the property would be left in condition for renters.  He did not perform.  The work was not completed on time, we did not get our first choice of tile on two of the three floors, we did not get our first choice of granite - and the granite work was subpar, we did not get our first choice of carpet, we did not get the radiant heat we requested in the bathrooms, the closets were not fixed, the storage cabinets were not built, many of the bathroom fixtures were not replaced, our front deck was damaged, and the bedroom closet doors were not re-hung.  Still, the Handyman thinks he is entitled to more money.  We have already paid him $44,100, almost $10,000 over his bid.  We have also put in at least 80 man hours of work ourselves, and paid about another $5,000 for work done to get the house renter-ready the weeks of December 11 and 18.  The Handyman was out of town the entire week of December 18, and we were left to do the job he should have been doing.I learned today that the Handyman has continued his harassment by filing suit against us in contravention of New Mexico law, which prohibits an unlicensed contractor from filing suit to enforce claims alleged to arise from a construction related job.  Although it will cost us more money, we intend to aggressively defend this suit and will seek all damages, punitive and actual, to which we are entitled.Please let me know if you need anything further.Kind regards,[redacted]