Yes, we are past the due date - mostly due to the fact that [redacted] cannot make up her mindWe spent well over weeks just deciding what countertops she wantedWhat she wants isnt in her budgetThe amount for the invoices is irreverent because this was a flat rate job, plus upcharges What we pay subs or for materials does not effect the outcome or her priceThe fact she now decided she is paying too much is too late.The electrician we called was used due to him being available - our usual one was weeks outHe came in and did part of the work (including tons of work [redacted] asked for in addition - such as numerous can lights, etcWhen we asked him to come back to finish, he asked if we could pay him thenWe didWhen We left to get lunch, his helper and an apprentice left, and now he wont return phone calls or come back to finishWe ended up finishing most of it ourselves.We also discussed the many upcharges that she asked for, and then followed up with emailsShe did not dispute the fees then, only now, when they are dueIn mid-December, we presented a bill for the final payment due, as well as the upchargesShe professed surprise at how much the upcharges were, and claimed she didn't know they were this muchWe reminded her about the conversation, and the emailAt that p[oint, she asked if she could just pay half of the final bill, and pay the rest and the upcharges after Christmas, because they were short on funds due to the holidaysWe thought that was very strange that a neurosurgion would ask a contractor for a loan, but since we are nice people, we agreedThen she had the nerve to stop payment on the check she wrote us, and said the work wasn't doneWe explained that we were not going to do any more work until she made the bad check good, and paid the rest due (now over due)They wrote a nasty email back saying they were hiring someone else to finish, and "would decide if, and how much of the upcharges they would pay"We have gone crazy trying to please this woman, who makes emotional decisions and over reactsShe has been told on several occasions by her husband to "not be so dramatic."The contract is clear, the upcharges were explained, the bill is overdue, and they wrote a bad checkWe are pursuing all legal remedies to collect the overdue bills, now totaling over $10,900, plus costs of collections
Complaint: [redacted] I am rejecting this response because:It is clear at this point that we have both dug in our heelsin preparation for a battle over this issueWe have both said some nastythings, and there have certainly been enough accusations and insults on bothsides to further harden each of our positionsRather than further escalate theconflict by refuting [redacted] claims, I am hoping to diffuse the situationsomewhat and avoid a lengthy and costly arbitration which will be the onlyoption if we continue on our current path.I will start with the points where we agreeFirst of all, Iagree that the structure of the covering and the pergola are very nice and verysturdyIt is true that there were a number of problems and setbacks during theconstructionFor the most part we took these in stride and worked very welltogether to come to reasonable solutionsI wouldn’t say that I have anycomplaints regarding the construction, were it not for one very large and veryexpensive problemThat problem is of course the color of the roofAs I see it there are three main points to the dispute:1) What color was the roof supposed to be in the firstplace?2) What was the agreement for the upcharge of theroof?3) Is the project complete?I will attempt to state my position on these points asfactually as possible without resorting to accusations or exaggerations, andoffer my suggestions for a resolutionAgain, I am not hoping here to ignitefurther argument or contention.First, regarding the color of the roofI have siftedthrough my records and have found three documents which reference the color ofthe roofThe first is the initial email that I sent to [redacted] explaining theproject and requesting a quoteThis email clearly indicates that the color of theroof as brownThe second is a follemail that I sent to [redacted] associateregarding a particular metal roof product that I wanted to investigate further.This email also references the color brownThe final document is the applicationthat I sent to our neighborhood architectural design committee for approval of thedesign and color of the structureThis document also indicates the colorbrown [redacted] was not involved with submitting this document, but I mention ithere as evidence of the consistency of the color choiceIf at any time we haddecided to change the color to green, we would have been required to re-submitthe design proposal before proceedingMy position is that the roof should have been brownI havelook briefly into options for painting the roofMy understanding is that thetotal cost of painting a roof this size will be only slightly less than thecost of replacing the roofI believe the roof should be replaced, and I amwilling to remove and replace the roof at my own expense, but I don’t believethat I should be responsible for the cost of the original green roof.Second, regarding the agreed cost of the roofThere wasquite a bit of discussion regarding the cost of the roofWhen [redacted] was puttingtogether the initial quote for the project he solicited quotes for the standingseam metal roofI never saw any of these quotes, but communication that Ireceived was that the type of roof that we had requested would increase thecost of the covering to $We decided that this cost was too high, andbegan discussing alternative optionsAt that point [redacted] suggested a metalpaneling product that would be far less expensive but would look similar towhat we wantedWe accepted this suggestion, and the original contract cost of$was based on this productAfter we signed the contract, I received anemail from [redacted] associate on September stating that she had found acontractor who could install a standing seam metal roof at a far morereasonable costThe email stated that it would increase the cost by $250-Wehad a meeting the following Monday and agreed to move forward with this option.I do not have records of any further communication regarding the roof untilJanuary when I received the email from [redacted] requesting an additional $1800for the cost of the roof.My position is that I did agree to pay as much as $morefor the roofBased on the original discussion I believe it was clear that Iwas not willing to pay $more for the roof as I declined that option infavor of a less expensive solution in the first placeI will agree to increasethe outstanding balance by $to reflect this agreement provided that theinvoiced cost of the roof is subtracted from this balance.Third, regarding the overall status of the projectI haveattached pictures taken on Monday of the current state of the covering andpergolaThe pictures show the missing piece of siding under the roof ledger,and the unfinished condition of the pergolaI admit that these are minordetails in relation to the scale of the project, but I believe that [redacted] as askilled craftsman who takes pride in his work would not be satisfied callingthis completeMy position here is that because there are still unfinished aspectsof the project, the $late fee that [redacted] is requesting is unwarrantedI amwilling to take care of the unfinished details at my own expense, and do notwish to decrease the cost of the balance to compensate for this.Finally, as I mentioned earlier, it is my desire to avoidthe additional hassle and expense of the arbitration process that is stipulatedin the contractAs a show if good faith in the negotiation I am willing tooffer an additional $which is half of the fee that both parties are chargedfor the arbitration serviceThis, in addition to the aforementioned $300upcharge for the cost of the roof as well as the $that is owed to cover thecost of the permit application would bring the final outstanding balance to $3735.I ask that [redacted] subtract the invoiced amount for the metal roof, refrain fromfiling his lien, and provide a written release from the contract.I hope that [redacted] and his associates will take this offerinto considerationIt is not my intent to unfairly avoid paying for the justifiedcosts of this projectAs I mentioned earlier, I am mostly very happy with theoutcome of the project, and in the end I expect that it will cost me a bit morethan the contracted amount to rectify the color of the roofWhat I am tryingto avoid is paying twice for the roof when I don’t feel that I am responsiblefor that particular choice Regards, [redacted]
Very little of what [redacted] says is trueThere were many problems with the construction of the deck, and [redacted] thinks he knows better than a contractor how to do thing, because he reads about it on the internetHe changed the dimensions of the patio cover, which I agreed to do at no additional cost He had said that he might like standing seam metal roofI informed him, and we discussed several times that it would be substantially more - which it wasWhen we removed the siding to attach the structure to the house, we discovered that the builder had not used sheathing, instead had covered the outside in foam, and used diagonal bracing to keep it square, Unfortunately, this landed directly where we needed to attachAfter consulting an engineer (at no cost to ***) we proceeded with constructionThis is not a small porch cover - it is feet out from the house, over feet long, and supported by 8xposts and beamsWe completed the framing and got the roof decked, and waited for the metal roof to be fabricatedDuring this entire time, the only discussion of color was at the initial meeting, when he said dark greenBoth my project coordinator and I attended that meeting, and we both made note of it It made sense, since the house is medium brown.There was a considerable amount of time waiting for the roofing to be fabricated, and when I found out it was ready, it was the week before ChristmasI called the installer immediately, who told me he was going to [redacted] for a monthWhen I asked him if there was any way he could fit it in, he said he could rearrange things and get it done the next dayI immediately informed ***, who was very excited it was being installed.The next day, I went to the job site to check progress and pay the installerWhen I was about to leave, [redacted] called me and said the roof is the wrong colorI said what do you mean, it looks greatHe said no, it was supposed to be brown, not greenI told him I had no recollection of him EVER mentioning brown, and that he should look at it before doing anything else, because it looked greatThe cost of the roof with materials and install was nearly $I said look at it when you get home, and we would re-visit it then, and in the spirit of indulgence, suggested maybe we could have it paintedHe then sent us a nasty email, saying not only was he not paying for the metal roof upcharge, he wasn't paying the final amount! He suggested painting it "would be like painting a car with house paint"I never said we would use latex paint, nobody it that stupidHe was obviously irrational, and insultingI wrote him back, informing him that he owed the final bill, as well as the upcharges before we would do anything to remedy itLet me point out here that at no time up until TODAY has [redacted] ever informed us there were things left to do, nor that any siding is missing (which it is not)I have pictures of the completed structure, as well as after the roof went onSaying that he isn't going to pay the final amount, much less the additional for the roof, especially after how much extra work we did at no charge is ridiculousHow can dark green "clash" with brown?Again, I offered to have it painted, if he NOW wants it brown, He refusedThere was never any communication in any form that he was unhappy with any aspect of the construction, except when he asked when we were going to stain the woodI told him that was never in the estimate, to go back and checkHe was mad about that at the time.I think this is [redacted] trying to reduce the cost of his huge, very well built, and fabulous looking porch cover and pergola, at our expenseWe never threatened him, only informed him that per the terms in the contract he signed, that we would be adding collection costs, as well as placing a lien in the propertyWe are merely enforcing our rights under the contractWe will continue with the lien process, as well as adding costs of collection to the bill, and turning this over to collections if it is not paid in a timely manner
Yes, we are past the due date - mostly due to the fact that [redacted] cannot make up her mindWe spent well over weeks just deciding what countertops she wantedWhat she wants isnt in her budgetThe amount for the invoices is irreverent because this was a flat rate job, plus upcharges What we pay subs or for materials does not effect the outcome or her priceThe fact she now decided she is paying too much is too late.The electrician we called was used due to him being available - our usual one was weeks outHe came in and did part of the work (including tons of work [redacted] asked for in addition - such as numerous can lights, etcWhen we asked him to come back to finish, he asked if we could pay him thenWe didWhen We left to get lunch, his helper and an apprentice left, and now he wont return phone calls or come back to finishWe ended up finishing most of it ourselves.We also discussed the many upcharges that she asked for, and then followed up with emailsShe did not dispute the fees then, only now, when they are dueIn mid-December, we presented a bill for the final payment due, as well as the upchargesShe professed surprise at how much the upcharges were, and claimed she didn't know they were this muchWe reminded her about the conversation, and the emailAt that p[oint, she asked if she could just pay half of the final bill, and pay the rest and the upcharges after Christmas, because they were short on funds due to the holidaysWe thought that was very strange that a neurosurgion would ask a contractor for a loan, but since we are nice people, we agreedThen she had the nerve to stop payment on the check she wrote us, and said the work wasn't doneWe explained that we were not going to do any more work until she made the bad check good, and paid the rest due (now over due)They wrote a nasty email back saying they were hiring someone else to finish, and "would decide if, and how much of the upcharges they would pay"We have gone crazy trying to please this woman, who makes emotional decisions and over reactsShe has been told on several occasions by her husband to "not be so dramatic."The contract is clear, the upcharges were explained, the bill is overdue, and they wrote a bad checkWe are pursuing all legal remedies to collect the overdue bills, now totaling over $10,900, plus costs of collections
Complaint: [redacted] I am rejecting this response because:It is clear at this point that we have both dug in our heelsin preparation for a battle over this issueWe have both said some nastythings, and there have certainly been enough accusations and insults on bothsides to further harden each of our positionsRather than further escalate theconflict by refuting [redacted] claims, I am hoping to diffuse the situationsomewhat and avoid a lengthy and costly arbitration which will be the onlyoption if we continue on our current path.I will start with the points where we agreeFirst of all, Iagree that the structure of the covering and the pergola are very nice and verysturdyIt is true that there were a number of problems and setbacks during theconstructionFor the most part we took these in stride and worked very welltogether to come to reasonable solutionsI wouldn’t say that I have anycomplaints regarding the construction, were it not for one very large and veryexpensive problemThat problem is of course the color of the roofAs I see it there are three main points to the dispute:1) What color was the roof supposed to be in the firstplace?2) What was the agreement for the upcharge of theroof?3) Is the project complete?I will attempt to state my position on these points asfactually as possible without resorting to accusations or exaggerations, andoffer my suggestions for a resolutionAgain, I am not hoping here to ignitefurther argument or contention.First, regarding the color of the roofI have siftedthrough my records and have found three documents which reference the color ofthe roofThe first is the initial email that I sent to [redacted] explaining theproject and requesting a quoteThis email clearly indicates that the color of theroof as brownThe second is a follemail that I sent to [redacted] associateregarding a particular metal roof product that I wanted to investigate further.This email also references the color brownThe final document is the applicationthat I sent to our neighborhood architectural design committee for approval of thedesign and color of the structureThis document also indicates the colorbrown [redacted] was not involved with submitting this document, but I mention ithere as evidence of the consistency of the color choiceIf at any time we haddecided to change the color to green, we would have been required to re-submitthe design proposal before proceedingMy position is that the roof should have been brownI havelook briefly into options for painting the roofMy understanding is that thetotal cost of painting a roof this size will be only slightly less than thecost of replacing the roofI believe the roof should be replaced, and I amwilling to remove and replace the roof at my own expense, but I don’t believethat I should be responsible for the cost of the original green roof.Second, regarding the agreed cost of the roofThere wasquite a bit of discussion regarding the cost of the roofWhen [redacted] was puttingtogether the initial quote for the project he solicited quotes for the standingseam metal roofI never saw any of these quotes, but communication that Ireceived was that the type of roof that we had requested would increase thecost of the covering to $We decided that this cost was too high, andbegan discussing alternative optionsAt that point [redacted] suggested a metalpaneling product that would be far less expensive but would look similar towhat we wantedWe accepted this suggestion, and the original contract cost of$was based on this productAfter we signed the contract, I received anemail from [redacted] associate on September stating that she had found acontractor who could install a standing seam metal roof at a far morereasonable costThe email stated that it would increase the cost by $250-Wehad a meeting the following Monday and agreed to move forward with this option.I do not have records of any further communication regarding the roof untilJanuary when I received the email from [redacted] requesting an additional $1800for the cost of the roof.My position is that I did agree to pay as much as $morefor the roofBased on the original discussion I believe it was clear that Iwas not willing to pay $more for the roof as I declined that option infavor of a less expensive solution in the first placeI will agree to increasethe outstanding balance by $to reflect this agreement provided that theinvoiced cost of the roof is subtracted from this balance.Third, regarding the overall status of the projectI haveattached pictures taken on Monday of the current state of the covering andpergolaThe pictures show the missing piece of siding under the roof ledger,and the unfinished condition of the pergolaI admit that these are minordetails in relation to the scale of the project, but I believe that [redacted] as askilled craftsman who takes pride in his work would not be satisfied callingthis completeMy position here is that because there are still unfinished aspectsof the project, the $late fee that [redacted] is requesting is unwarrantedI amwilling to take care of the unfinished details at my own expense, and do notwish to decrease the cost of the balance to compensate for this.Finally, as I mentioned earlier, it is my desire to avoidthe additional hassle and expense of the arbitration process that is stipulatedin the contractAs a show if good faith in the negotiation I am willing tooffer an additional $which is half of the fee that both parties are chargedfor the arbitration serviceThis, in addition to the aforementioned $300upcharge for the cost of the roof as well as the $that is owed to cover thecost of the permit application would bring the final outstanding balance to $3735.I ask that [redacted] subtract the invoiced amount for the metal roof, refrain fromfiling his lien, and provide a written release from the contract.I hope that [redacted] and his associates will take this offerinto considerationIt is not my intent to unfairly avoid paying for the justifiedcosts of this projectAs I mentioned earlier, I am mostly very happy with theoutcome of the project, and in the end I expect that it will cost me a bit morethan the contracted amount to rectify the color of the roofWhat I am tryingto avoid is paying twice for the roof when I don’t feel that I am responsiblefor that particular choice Regards, [redacted]
Very little of what [redacted] says is trueThere were many problems with the construction of the deck, and [redacted] thinks he knows better than a contractor how to do thing, because he reads about it on the internetHe changed the dimensions of the patio cover, which I agreed to do at no additional cost He had said that he might like standing seam metal roofI informed him, and we discussed several times that it would be substantially more - which it wasWhen we removed the siding to attach the structure to the house, we discovered that the builder had not used sheathing, instead had covered the outside in foam, and used diagonal bracing to keep it square, Unfortunately, this landed directly where we needed to attachAfter consulting an engineer (at no cost to ***) we proceeded with constructionThis is not a small porch cover - it is feet out from the house, over feet long, and supported by 8xposts and beamsWe completed the framing and got the roof decked, and waited for the metal roof to be fabricatedDuring this entire time, the only discussion of color was at the initial meeting, when he said dark greenBoth my project coordinator and I attended that meeting, and we both made note of it It made sense, since the house is medium brown.There was a considerable amount of time waiting for the roofing to be fabricated, and when I found out it was ready, it was the week before ChristmasI called the installer immediately, who told me he was going to [redacted] for a monthWhen I asked him if there was any way he could fit it in, he said he could rearrange things and get it done the next dayI immediately informed ***, who was very excited it was being installed.The next day, I went to the job site to check progress and pay the installerWhen I was about to leave, [redacted] called me and said the roof is the wrong colorI said what do you mean, it looks greatHe said no, it was supposed to be brown, not greenI told him I had no recollection of him EVER mentioning brown, and that he should look at it before doing anything else, because it looked greatThe cost of the roof with materials and install was nearly $I said look at it when you get home, and we would re-visit it then, and in the spirit of indulgence, suggested maybe we could have it paintedHe then sent us a nasty email, saying not only was he not paying for the metal roof upcharge, he wasn't paying the final amount! He suggested painting it "would be like painting a car with house paint"I never said we would use latex paint, nobody it that stupidHe was obviously irrational, and insultingI wrote him back, informing him that he owed the final bill, as well as the upcharges before we would do anything to remedy itLet me point out here that at no time up until TODAY has [redacted] ever informed us there were things left to do, nor that any siding is missing (which it is not)I have pictures of the completed structure, as well as after the roof went onSaying that he isn't going to pay the final amount, much less the additional for the roof, especially after how much extra work we did at no charge is ridiculousHow can dark green "clash" with brown?Again, I offered to have it painted, if he NOW wants it brown, He refusedThere was never any communication in any form that he was unhappy with any aspect of the construction, except when he asked when we were going to stain the woodI told him that was never in the estimate, to go back and checkHe was mad about that at the time.I think this is [redacted] trying to reduce the cost of his huge, very well built, and fabulous looking porch cover and pergola, at our expenseWe never threatened him, only informed him that per the terms in the contract he signed, that we would be adding collection costs, as well as placing a lien in the propertyWe are merely enforcing our rights under the contractWe will continue with the lien process, as well as adding costs of collection to the bill, and turning this over to collections if it is not paid in a timely manner