Mr. [redacted] complaint is without merit.I have attached several supporting documents that refute his claims.Document #1: RETAIL SALES AGREEMENTThis is the ONLY executed sales agreement between Paradise Decks and [redacted], and his wife [redacted]. Mr. [redacted] keeps referring to a "quote" of $14,073 offered in March or April. For some reason, although he signed the agreement for $19,210, he thinks he's entitled to have the work done for what he claims was an earlier quote (no executed document exists). He has made payments against this sales agreement in the amount of $9,604, leaving a balance owed of $9,606. Full and final payment is due. Paradise has met (and exceeded) the terms and conditions of the agreement. He actually accused me of bait and switch. No one forced him to sign the sales agreement for $19,210.Document #2: ADDENDUM FOR DECKSDetails the material specifications for the sales agreement.Document #3: CHANGE ORDERPrior to starting the work, Mr. [redacted] requested a change from the original agreement to include replacing 5 existing posts from the ground up through the lower level deck, and continuing up to the 2' story deck. At the time of this request (Early August, the change order is dated August 9Th) we had already delivered the lumber to build the deck per the agreement on July 13. When Mr. [redacted] requested the change, he was informed that it would cause a delay in starting the job, as we would have to get an engineering firm to review the plans. His allegation that we "lied" in order to delay starting the job is inaccurate. He was the cause of the delays by making a change in the scope of the work, then leaving on vacation. When he returned from vacation, we assigned one of our workers to the job and he began it as soon as he finished the job he was working on while waiting for Mr. [redacted] to return from vacation. As we paid for the lumber on July 13, and did not get our initial payment from Mr. [redacted] until we actually started on August 19, there was absolutely no benefit to us to delay the start of the job. He also "alleges" that we used the engineer as an "excuse" and acts pissed off that our engineer would not reply directly to him. We employed the engineer — not Mr. [redacted]. Our engineer not only supplied the documents we needed to secure the building permit, he also visited the job site while the deck was under construction and offered some suggestions on improving the structure and flashing the deck to prevent water damage. We did everything he suggested, and got his approval to continue with the work as the work to that date met the building code. Mr. [redacted] agreed to the additional charge of $550. When he started his complaining about not meeting the terms of the agreement (putting posts against the house and supporting the deck with a beam as opposed to attaching a ledger to the brick, I agreed to waive the charge for the additional work as a gesture of "good will".Document #4: EMAIL DATED AUGUST 9, 2016In this email, Mr. [redacted] documented "So this is what I understand is being done:" There are 11 specific things detailed in this email. We completed 10 of the 11, the exception being installing 5 posts against the house. The reason for this change was documented and presented to Mr. [redacted] (see document #5), and he was also credited the $550 for the change order. We completed everything on his "expectation" list, and more important, everything on our sales agreement and everything required to get a passed inspection from the City of San Antonio insuring the deck was built to code. His assertion that he deserves a discount "because the work did not match the agreement" is not based in fact.Document #5: EXPLANATION FOR THE ONE CHANGE NOTED ABOVEMr. [redacted] was furnished this information to help him understand the building code, and why I initially thought that posts would be required against the house, and why, when we were able to get up on a ladder and see where we were attaching, that the posts would no longer be needed. In exchange, the floor joists had to be switched out from 2x6x8 to 2x6x10, and this offset the cost of the posts against the house. I also waived the $550 charge for replacing the 5 posts he requested.Document #6: PHOTO OF JOB DETAILING "EXTRA" WORK PERFORMEDAlthough our sales agreement called for no work on the lower deck, other than removing the existing guard rail (which did not meet current building code) and replacing it with a code compliant guard rail, we did quite a bit of work on the lower deck, at no additional charge. Because the deck was so out of level, the result of it being built nowhere near code at the time it was built, we jacked up the deck and added 4 additional support posts as well as a beam to support the joists. We also added new exterior trim to the exterior of the deck. This insured the deck would be safe, as well as a little more aesthetically pleasing.Document #6: PAY RECORDS FOR [redacted] (the builder)Among Mr. [redacted] allegations that I am a "liar" is the terminology used to describe the personnel that work for Paradise Decks. We use the term "employee", even though some of our builders choose to receive their pay on a 1099 "subcontractor" basis. As you will see, [redacted], the builder assigned to Mr. [redacted] project, as worked exclusively for Paradise Decks since March of 2015. By the IRS standards (we control where and when he works, and supervise the outcome of the work, as well as pay him weekly), he is an "employee". I tried to explain this to Mr. [redacted], and he seemed to grasp what I was talking about, now it's become a point of contention for some reason. [redacted]) worked long and tirelessly to complete the project and make sure it was code compliant and safe, as well as beautiful. He has been paid in full for his work, and by definition, since he has not shared in the loss of payment, he is an employee.Mr. [redacted] started his relationship with my company by giving me a lh star rating on Home Advisor BEFORE I even started work on his project. He has done nothing but complain during the whole process. I knew I was going to have a hard time getting paid, even though I went beyond the terms of my agreement with him. My record for customer satisfaction is obvious by my A+ rating with the Revdex.com, and the fact that I have only 5 complaints (all resolved) in the past 3 years. When you consider I am not the typical deck builder that builds just a few jobs a month (we build approximately 650 jobs a year), so in a three year period we have satisfied 99.75% of our customers. I honestly believe Mr. [redacted] is in the category of someone who will never be satisfied, and will look for any way possible to keep from paying me what he owes.I have filed a lien against his property for non-payment of the balance owed of $9,606.Filing the lien cost me $444, which I am requesting Mr. [redacted] be directed to reimburse me.I will bear the cost of releasing the lien once I am paid in full, and will furnish a release of lien toMr. [redacted] certifying I have paid all material and labor bills related to his job.
Complaint: [redacted]
I am rejecting this response because:the repairs that were agreed upon were not completed only part of them were done and those were done and look horrible. They are scheduled to come back out on Wednesday the 28th to look yet again. [redacted] is coming not Rick as I requested to handle this issue. I was assured by Rick it was not going to be a problem , but as with all my other dealings it's not done and frustrating to have to spend more of my time trying to get this fixed! After I deal with yet another go around with them on repairs I still need the city to inspect and get a permit issued so very stressful dealing with this for 5 months and still not resolved.
Regards,
[redacted]
As my response required several supporting documents, I chose to write the response and attach the supporting documents and mail them direct to you. I wrote a 3 page response and attached 7 documents to support my position. I mailed the documents on Saturday, certified with return...
receipt requested. I look forward to any assistance you can provide me to get paid the $9,606 (and now add $444 for the cost of filing a lien). Should you have any questions, either email me direct [redacted] or call me on my cell phone at [redacted]. As Mr. [redacted] has requested arbitration, I have not copied him on any correspondence. He is well aware of my position on this matter. Thanks, [redacted]
We are currently working with Mrs. [redacted] to get everything requested taken care of. We will be replacing the lower deck that was demoed by mistake at our cost. The pillars and additional mistakes have been taken care of or are in the process of being take care of as we speak.
We entered into a contract with Mr. [redacted] to construct a deck addition, a hip patio cover, an arbor, and a freestanding deck with a gazebo roof. I have included a copy of the drawing depicting the scope of the work, as well as some notes regarding what we contracted for. As you'll...
see, we were to construct a patio cover over a portion of the deck, with an arbor covering the rest of the deck. In order to support the patio cover, we clearly showed a support post required in the middle of the cover, with the arbor to be supported by posts at the outside edge of the deck. When Mr. [redacted] saw the post, the objected, so we offered to eliminate the support post by building a cover over the entire deck, eliminating the shade arbor. We did not charge Mr. [redacted] for this change order (as he was very stressed out by the death of his mother). We absorbed the additional cost, and even stopped construction while he dealt with his mother's death. (Obviously a mistake in hindsight to "give him something for nothing" as I believe that set up a precedent he expected us to follow. When we went back to work to complete the project, we built the freestanding gazebo out in the yard, which unlike the upper deck, is flat on the ground. As I noted on the drawing, there is no detail showing this is to have any type of rail, just benches. When you look at the other attachment ([redacted] contract) which is the specification sheet, and you will notice that the section marked handrail has a large "X" drawn across it. Now Mr. [redacted] expects us to put a rail around it for FREE! We told him we would be glad to provide a rail, but not for "FREE". We bend over backwards to make sure our customers are happy with us, but unfortunately some customers are just unreasonable!
Mr. [redacted] complaint is without merit.I have attached several supporting documents that refute his claims.Document #1: RETAIL SALES AGREEMENTThis is the ONLY executed sales agreement between Paradise Decks and [redacted], and his wife [redacted]. Mr. [redacted] keeps referring to a "quote" of $14,073 offered in March or April. For some reason, although he signed the agreement for $19,210, he thinks he's entitled to have the work done for what he claims was an earlier quote (no executed document exists). He has made payments against this sales agreement in the amount of $9,604, leaving a balance owed of $9,606. Full and final payment is due. Paradise has met (and exceeded) the terms and conditions of the agreement. He actually accused me of bait and switch. No one forced him to sign the sales agreement for $19,210.Document #2: ADDENDUM FOR DECKSDetails the material specifications for the sales agreement.Document #3: CHANGE ORDERPrior to starting the work, Mr. [redacted] requested a change from the original agreement to include replacing 5 existing posts from the ground up through the lower level deck, and continuing up to the 2' story deck. At the time of this request (Early August, the change order is dated August 9Th) we had already delivered the lumber to build the deck per the agreement on July 13. When Mr. [redacted] requested the change, he was informed that it would cause a delay in starting the job, as we would have to get an engineering firm to review the plans. His allegation that we "lied" in order to delay starting the job is inaccurate. He was the cause of the delays by making a change in the scope of the work, then leaving on vacation. When he returned from vacation, we assigned one of our workers to the job and he began it as soon as he finished the job he was working on while waiting for Mr. [redacted] to return from vacation. As we paid for the lumber on July 13, and did not get our initial payment from Mr. [redacted] until we actually started on August 19, there was absolutely no benefit to us to delay the start of the job. He also "alleges" that we used the engineer as an "excuse" and acts pissed off that our engineer would not reply directly to him. We employed the engineer — not Mr. [redacted]. Our engineer not only supplied the documents we needed to secure the building permit, he also visited the job site while the deck was under construction and offered some suggestions on improving the structure and flashing the deck to prevent water damage. We did everything he suggested, and got his approval to continue with the work as the work to that date met the building code. Mr. [redacted] agreed to the additional charge of $550. When he started his complaining about not meeting the terms of the agreement (putting posts against the house and supporting the deck with a beam as opposed to attaching a ledger to the brick, I agreed to waive the charge for the additional work as a gesture of "good will".Document #4: EMAIL DATED AUGUST 9, 2016In this email, Mr. [redacted] documented "So this is what I understand is being done:" There are 11 specific things detailed in this email. We completed 10 of the 11, the exception being installing 5 posts against the house. The reason for this change was documented and presented to Mr. [redacted] (see document #5), and he was also credited the $550 for the change order. We completed everything on his "expectation" list, and more important, everything on our sales agreement and everything required to get a passed inspection from the City of San Antonio insuring the deck was built to code. His assertion that he deserves a discount "because the work did not match the agreement" is not based in fact.Document #5: EXPLANATION FOR THE ONE CHANGE NOTED ABOVEMr. [redacted] was furnished this information to help him understand the building code, and why I initially thought that posts would be required against the house, and why, when we were able to get up on a ladder and see where we were attaching, that the posts would no longer be needed. In exchange, the floor joists had to be switched out from 2x6x8 to 2x6x10, and this offset the cost of the posts against the house. I also waived the $550 charge for replacing the 5 posts he requested.Document #6: PHOTO OF JOB DETAILING "EXTRA" WORK PERFORMEDAlthough our sales agreement called for no work on the lower deck, other than removing the existing guard rail (which did not meet current building code) and replacing it with a code compliant guard rail, we did quite a bit of work on the lower deck, at no additional charge. Because the deck was so out of level, the result of it being built nowhere near code at the time it was built, we jacked up the deck and added 4 additional support posts as well as a beam to support the joists. We also added new exterior trim to the exterior of the deck. This insured the deck would be safe, as well as a little more aesthetically pleasing.Document #6: PAY RECORDS FOR [redacted] (the builder)Among Mr. [redacted] allegations that I am a "liar" is the terminology used to describe the personnel that work for Paradise Decks. We use the term "employee", even though some of our builders choose to receive their pay on a 1099 "subcontractor" basis. As you will see, [redacted], the builder assigned to Mr. [redacted] project, as worked exclusively for Paradise Decks since March of 2015. By the IRS standards (we control where and when he works, and supervise the outcome of the work, as well as pay him weekly), he is an "employee". I tried to explain this to Mr. [redacted], and he seemed to grasp what I was talking about, now it's become a point of contention for some reason. [redacted]) worked long and tirelessly to complete the project and make sure it was code compliant and safe, as well as beautiful. He has been paid in full for his work, and by definition, since he has not shared in the loss of payment, he is an employee.Mr. [redacted] started his relationship with my company by giving me a lh star rating on Home Advisor BEFORE I even started work on his project. He has done nothing but complain during the whole process. I knew I was going to have a hard time getting paid, even though I went beyond the terms of my agreement with him. My record for customer satisfaction is obvious by my A+ rating with the Revdex.com, and the fact that I have only 5 complaints (all resolved) in the past 3 years. When you consider I am not the typical deck builder that builds just a few jobs a month (we build approximately 650 jobs a year), so in a three year period we have satisfied 99.75% of our customers. I honestly believe Mr. [redacted] is in the category of someone who will never be satisfied, and will look for any way possible to keep from paying me what he owes.I have filed a lien against his property for non-payment of the balance owed of $9,606.Filing the lien cost me $444, which I am requesting Mr. [redacted] be directed to reimburse me.I will bear the cost of releasing the lien once I am paid in full, and will furnish a release of lien toMr. [redacted] certifying I have paid all material and labor bills related to his job.
Complaint: [redacted]
I am rejecting this response because:the repairs that were agreed upon were not completed only part of them were done and those were done and look horrible. They are scheduled to come back out on Wednesday the 28th to look yet again. [redacted] is coming not Rick as I requested to handle this issue. I was assured by Rick it was not going to be a problem , but as with all my other dealings it's not done and frustrating to have to spend more of my time trying to get this fixed! After I deal with yet another go around with them on repairs I still need the city to inspect and get a permit issued so very stressful dealing with this for 5 months and still not resolved.
Regards,
[redacted]
As my response required several supporting documents, I chose to write the response and attach the supporting documents and mail them direct to you. I wrote a 3 page response and attached 7 documents to support my position. I mailed the documents on Saturday, certified with return...
receipt requested. I look forward to any assistance you can provide me to get paid the $9,606 (and now add $444 for the cost of filing a lien). Should you have any questions, either email me direct [redacted] or call me on my cell phone at [redacted]. As Mr. [redacted] has requested arbitration, I have not copied him on any correspondence. He is well aware of my position on this matter. Thanks, [redacted]
We are currently working with Mrs. [redacted] to get everything requested taken care of. We will be replacing the lower deck that was demoed by mistake at our cost. The pillars and additional mistakes have been taken care of or are in the process of being take care of as we speak.
We entered into a contract with Mr. [redacted] to construct a deck addition, a hip patio cover, an arbor, and a freestanding deck with a gazebo roof. I have included a copy of the drawing depicting the scope of the work, as well as some notes regarding what we contracted for. As you'll...
see, we were to construct a patio cover over a portion of the deck, with an arbor covering the rest of the deck. In order to support the patio cover, we clearly showed a support post required in the middle of the cover, with the arbor to be supported by posts at the outside edge of the deck. When Mr. [redacted] saw the post, the objected, so we offered to eliminate the support post by building a cover over the entire deck, eliminating the shade arbor. We did not charge Mr. [redacted] for this change order (as he was very stressed out by the death of his mother). We absorbed the additional cost, and even stopped construction while he dealt with his mother's death. (Obviously a mistake in hindsight to "give him something for nothing" as I believe that set up a precedent he expected us to follow. When we went back to work to complete the project, we built the freestanding gazebo out in the yard, which unlike the upper deck, is flat on the ground. As I noted on the drawing, there is no detail showing this is to have any type of rail, just benches. When you look at the other attachment ([redacted] contract) which is the specification sheet, and you will notice that the section marked handrail has a large "X" drawn across it. Now Mr. [redacted] expects us to put a rail around it for FREE! We told him we would be glad to provide a rail, but not for "FREE". We bend over backwards to make sure our customers are happy with us, but unfortunately some customers are just unreasonable!