Tomba Construction, LLC

Thank you for bringing this to my attentionI have carefully reviewed my records on this jobIt's important to note the original insurance claim was filed in December We signed a contract on We felt it would be a three month job, but it was not completed until the end of The [redacted] 's wanted to move into their home for the Holidays and Halted any further workI sent a final invoice on for only work completed by Tomba Construction,LLC and had a meeting and an agreement with them to finalize the contract and job were it standsAn agreement was made and Tomba Construction,LLCwas paid per agreement.On 4.27.16, I received an email from Mr [redacted] asking me to forward a paid in full invoice to him for [redacted] ***I sent them a copy of the paid in full invoice for $122,This was a difficult jobWe made multiple sacrifices in time and money to satisfy the [redacted] 's, please see the invoice which reflects the dollar amount which was negotiated between us to finalize the project and get a final payment We're sorry to hear they feel they are entitled to additional work, but they are notTomba Construction, LLC left the overhead and profit of 20% on each project not completed as well as insurance proceeds in order for the [redacted] 's to be able to have work completed by another contractor when they made their final decisions

This Complaint was brought to my attention via voice mailI checked my email address attached to my Revdex.com account and I have no records of the email being sent to meSo, I apologize to all parties for the delayed responseThis job is under contract as stated by the customer, however, do to the fact it is the 2nd contract that I wrote for the customer because she was scared about the whole processI agreed to tear up initial contract and meet with her and her sonAll three of us came to an agreement and signed a new contract and a priceI was referred to this customerby a friend of hers who I performed roof replacement next door.I am a Certified Master Shingle Applicator Wizard by CertainTeed and I had no doubt what ventilation needed to be on her houseDue to her concern about her ventilation working properly and the fact she was scared about the whole process in the first place I told her I would not start the work until I called CertainTeed of which was disclosed to her and herson to make sure 100% that I was correct and that it came from the Manufacture themselvesCertainTeed agreed with me 100% about the ventilation of her attic and also gave me the number of the company that manufactures whole house fansI called that company as well, which I can get the name if it is important and give it to herThey also said that the ventilation was not correct on her house for her atticThe Manufacture of any shingle company would void the warranty on any of their products if not installed properly period.I called customer as well on several occasions and left messagesI finally talked to her son and let him know the findings and what the situation wasI let him know that if we stayed with her ventilation the same way it was, that I cannot guaranty the Manufactures warranty nor my yrWarranty on LaborIf I installed the roof and ventilation to Manufactures specs that I can guaranty the Manufactures warranty and my 10yrLabor WarrantyHer son stated he would talk to her and that he would get back to me I did not hear from either nor did I receive the many phone calls as stated by herMy phone records can show exactly who called who and when I finally got a call from her and she stated she decided to go with someone else and wanted her money back from her depositI stated I would give her money back, however, I needed to talk to my attorney for we were in a binding contract and money had switched hands My contract clearly states if customer breaches contract that I am entitled to 25% of the Contract price.I was willing to complete her roof for her, for the contracted price, however, she wanted me to deviate from Manufactures recommendations so I cannot Guaranty her roof with full warranty that's not how I do business, never have and never willIf I put a roof on it is done to code and Manufactures recommendations or I lose my CertificationShe chose not touse my Company post day right to rescind therefore, I am entitled to my 25% per contractI temporarily repaired her roof from wind damages which took me about hours, inspected her entire home and attic showing her damage that was caused by the wind damage as well as the attic insulation that was baking due to improper ventilation and installationI met with her Insurance Company adjusters and got her approved for the new roof,carpeting, painting, and rot repair, etcWhich took another hoursI even came back out to address concerns with her attic fan that has nothing to do with any of her insurance claim and spent another hour or more with her talking about her house fan her son installedI feel I have gone above and beyond for her to make her feel comfortable and never asked for a penny for any of that pre contract signing I take pride in each and every one of my customers and their concernsMy Revdex.com feedback can prove this Once again, I would have been happy to install her roof for her the way she wanted but she was trying to go against my practices and certified work ethicsSo, instead I request I get my 25% of contract price and we part waysIf I do not receive my 25% and I send her the remaining and I receive my flashlight and drill left at her home then my attorney is ready to write her and concerning parties a letter and I will sue her of intent to do damage to a well-respectedcompany presenting information to the Revdex.com in order to maliciously harm my companies name and reputation as well as breach of contractI have all supporting documents that I can forward as well as the signed contract I can email to the Revdex.com to support my rebuttal.Kind Regards,Tom B [redacted] (owner)Tomba Construction, LLC

I am rejecting this response because: MrB*** volunteered to do extra work without promptingSeveral of the contractors we consulted made similar promises. This appeared to be a standard practice for the contractors with low overhead operationsWe requested and received additional money from the insurance company to complete the workWe are not requesting additional work, just completion of the work started and the customary punch list items Additionally, Tomba Construction received two advanced loans ($20,000) to help start the project because of delays from the insurance companyThe checks were marked as loans and he was told the conditions of the advance prior to receiving the fundsHe had agreed to repay the money as soon as the insurance money was paid to himHe seemed to be trying to hold the final $20,(which was our money to repay the initial loans) hostage and delayed for several months providing the insurance company acknowledgement he had been paid in full. We paid $15,to have the flooring installed and purchased a large amount of the building materials, windows, sinks, counter tops, bathroom granite, bathroom tiles, interior and exterior lights, sinks, bathroom fixtures, medicine cabinets to name a few itemsAll of these items should have been covered by the insurance claimMrBl*** evaded my attempt to call and email him to complete the punch out itemsMrB*** would disappear for several weeks at a time and report illnesses, vacations to North Carolina and the CaribbeanWe believe, considering the promises made upfront that we subsidized his effort to a great extent I had made several attempts to contact him to request the final items to be installed, warranty work performed and the final cleanup of the punch list. I just don’t understand how Tomba construction could have submitted his reply with a straight face and clear conscienceIn my initial complaint, because he was avoiding my efforts to contact him, I was hoping to resolve this issue without fanfare or troubleThis concept seems to be a pipe dream at this timeSo MrB*** had the $122,plus the free $15,for flooring, plus the other items we purchased I would value at thousands of dollarsI don’t see where he gave up anything.Regards,
*** ***

This Complaint was brought to my attention via voice mail. I checked my email address attached to my Revdex.com account and I have no records of the email being sent to me. So, I apologize to all parties for the delayed response. This job is under contract as stated by the customer, however,...

do to the fact it is the 2nd contract that I wrote for the customer because she was scared about the whole process. I agreed to tear up initial contract and meet with her and her son. All three of us came to an agreement and signed a new contract and a price. I was referred to this customerby a friend of hers who I performed roof replacement next door.I am a Certified Master Shingle Applicator Wizard by CertainTeed and I had no doubt what ventilation needed to be on her house. Due to her concern about her ventilation working properly and the fact she was scared about the whole process in the first place I told her I would not start the work until I called CertainTeed of which was disclosed to her and herson to make sure 100% that I was correct and that it came from the Manufacture themselves. CertainTeed agreed with me 100% about the ventilation of her attic and also gave me the number of the company that manufactures whole house fans. I called that company as well, which I can get the name if it is important and give it to her. They also said that the ventilation was not correct on her house for her attic. The Manufacture of any shingle company would void the warranty on any of their products if not installed properly period.I called customer as well on several occasions and left messages. I finally talked to her son and let him know the findings and what the situation was. I let him know that if we stayed with her ventilation the same way it was, that I cannot guaranty the Manufactures warranty nor my 10 yr. Warranty on Labor. If I installed the roof and ventilation to Manufactures specs that I can guaranty the Manufactures warranty and my 10yr. Labor Warranty. Her son stated he would talk to her and that he would get back to me.  I did not hear from either nor did I receive the many phone calls as stated by her. My phone records can show exactly who called who and when I finally got a call from her and she stated she decided to go with someone else and wanted her money back from her deposit. I stated I would give her money back, however, I needed to talk to my attorney for we were in a binding contract and money had switched hands.  My contract clearly states if customer breaches contract that I am entitled to 25% of the Contract price.I was willing to complete her roof for her, for the contracted price, however, she wanted me to deviate from Manufactures recommendations so I cannot Guaranty her roof with full warranty that's not how I do business, never have and never will. If I put a roof on it is done to code and Manufactures recommendations or I lose my Certification. She chose not touse my Company post 3 day right to rescind therefore, I am entitled to my 25% per contract. I temporarily repaired her roof from wind damages which took me about 2.5 hours, inspected her entire home and attic showing her damage that was caused by the wind damage as well as the attic insulation that was baking due to improper ventilation and installation. I met with her Insurance Company adjusters and got her approved for the new roof,carpeting, painting, and rot repair, etc. Which took another 4 hours. I even came back out to address concerns with her attic fan that has nothing to do with any of her insurance claim and spent another hour or more with her talking about her house fan her son installed. I feel I have gone above and beyond for her to make her feel comfortable and never asked for a penny for any of that pre contract signing.  I take pride in each and every one of my customers and their concerns. My Revdex.com feedback can prove this.  Once again, I would have been happy to install her roof for her the way she wanted but she was trying to go against my normal practices and certified work ethics. So, instead I request I get my 25% of contract price and we part ways. If I do not receive my 25% and I send her the remaining and I receive my flashlight and drill left at her home then my attorney is ready to write her and concerning parties a letter and I will sue her of intent to do damage to a well-respectedcompany presenting false information to the Revdex.com in order to maliciously harm my companies name and reputation as well as breach of contract. I have all supporting documents that I can forward as well as the signed contract I can email to the Revdex.com to support my rebuttal.Kind Regards,Tom B[redacted] (owner)Tomba Construction, LLC.

Thank you for bringing this to my attention. I have carefully reviewed my records on this job. It's important to note the original insurance claim was filed in December 2014. We signed a contract on 7.14.15. We felt it would be a three month job, but it was not completed until the end of 2015. The...

[redacted]'s wanted to move into their home for the Holidays and Halted any further work. I sent a final invoice on 1.16.2016 for only work completed by Tomba Construction,LLC.  and had a meeting and an agreement with them to finalize the contract and job were it stands. An agreement was made and Tomba Construction,LLC. was paid per agreement.On 4.27.16, I received an email from Mr. [redacted] asking me to forward a paid in full invoice to him for [redacted]. I sent them a copy of the paid in full invoice for $122,363.00. This was a difficult job. We made multiple sacrifices in time and money to satisfy the [redacted]'s, please see the invoice which reflects the dollar amount which was negotiated between us to finalize the project and get a final payment.  We're sorry to hear they feel they are entitled to additional work, but they are not. Tomba Construction, LLC left the overhead and profit of 20% on each project not completed as well as insurance proceeds in order for the [redacted]'s to be able to have work completed by another contractor when they made their final decisions.

Tomba Construction has met all of the terms and conditions of the contract. Tomba previously negotiated a full and final settlement for all work on the project with the [redacted]s. Tomba asks to be found not further financially or otherwise liable to the [redacted]'s. If this does not cease with false acquisitions from this letter then Tomba requests arbitration to finalize this matter to prevent any further falls accusations towards Tomba Construction LLC.

I would like to thank TOMBA Construction for its prompt
response and for taking the time to present its case in such detail.  However, I must reject the business’ response
in its entirety.  Although I stand behind
my original complaint, upon reviewing TOMBA construction’s response, I feel
that it is necessary to reframe my issue more clearly.
My complaint is regarding a breach of contract.
The contract between TOMBA construction and myself states
that it will provide a ridge vent (as contained in page seven of the insurance
claim) and it will accept additional payment (final payment from insurance
company) for additional ventilation (written as “and venting”).  Statements made by TOMBA construction at the
time of signing affirmed that “and venting” referred to, at minimum, the
removal and replacement of the additional ventilation system already installed
on the house: namely, six turtle type vents and one turbine vent. At the same
time, TOMBA construction stated it would contact a ventilation expert and then
present me with additional, better or more modern options; always with the
understanding that these upgrades were optional. 
After consulting with its expert (post contract signing),
TOMBA construction informed me that it could not perform all portions of the
contract as originally set out.  That it
could: A) drill several holes under the area where
the upper and lower slopes of the roof meet instead of replacing the vents
already on the house.  B) Remove and
replace the ventilation system as it is currently installed on the house, but
substituting a five year warranty instead of a ten year warranty. It is my
belief that TOMBA Construction’s refusal to perform as in the original
agreement represents a breach of contract.  
During follow up discussions regarding
the breach of the original agreement, I believed that TOMBA construction had
granted me a release from the contract with full return of deposit.  When TOMBA construction stated that it would
need to contact its attorney, I believed that it was to draw up any necessary
paperwork to that effect.  However, after
consulting with its attorney, TOMBA construction informed me that I would have
to accept one of the two options listed above or cancel the contract: as
cancellation would entitle TOMBA Construction to retain 25% of the full
contract price.  At no time did I rescind
or cancel the contract.
I believe that most of the
business’ response to my initial complaint is irrelevant to the breach of
contract issue.  I also believe that
TOMBA construction may be suggesting that although it regrets not being willing
or able to fulfill the original agreement, that it is entitled to compensation
for activities done as part of the sales process, prior to contract signing,
such as estimates, inspections, and price negotiations.  These things are openly advertised by TOMBA
construction as being free of charge, were done in the effort to make a sale,
and are not covered in or by the contract. 
Finally, I contacted the RevDex.com in an effort to avoid litigation, but am prepared to protect my
rights under the contract and the law. 
As TOMBA construction has purchased no materials, hired no employees,
nor done any work outside of the normal sales process, and has breached its
contract, I ask that it agree to a mutual release of contract with the return
of the full deposit amount of $5,018.94.  In addition, upon the receipt of the full deposit amount, I will, at my
own expense, ship TOMBA Construction’s mislaid tools to the address listed on
the contract.  Until that time, they
remain available for pick up by appointment.
Supporting documentation,
including the contract and a certified letter sent to the business dated November 5th (and still unaccepted as of 11/15/2014) have been sent to RevDex.com via e-mail at [redacted]
Regards,
[redacted]