First of all, it needs to be noted that all funds for the [redacted] project were provided by the [redacted] [redacted], and we won the project in an open bid. I have attached the Work Write-UP sheet under attachment Exhibit A, and as you will note, the original Work Write Up sheet did...
include a photovoltaic solar power system.During the site review it was determined that due to the surrounding trees and the configuration of the site, a solar system would not work and was going to be cost prohibitive. Consequently, the original Purchase Order and Addendum B were written with a propane generator replacing the solar system. I have attached a copy of original Purchase Order # [redacted] along with Addendum B in Exhibit B attached. Note that Addendum B to the original Purchase Order clearly shows the propane generator as a line entry, and also note that Mr. [redacted] signed both the Purchase Order and Addendum B acknowledging that he understood what was included and agreed to the pricing of the project. Also note that the Total Selling Price on our original Purchase Order is $177,605 which is $4,320 higher than the Total Base Bid shown on the Work Write-up sheet The difference is the addition of the [redacted] which is an “Alternate” on the Work Write-Up sheet, meaning that it would be included if funds were available. Also note that air conditioning was deleted on the Work Write-Up sheet, and does not appear on our original Purchased Oder or Addendum B.There were a series of change orders issued after the original Purchase Order was written which determined the final pricing. I have attached the change orders in Exhibit C above. Note the following changes:· On 4/2/15, Mr. [redacted] signed a change order which was issued to cover Butte County fee increases from $8,760 to $10,359.16, an increase in cost of $1,599.16.· On 4/24/15 Mr. [redacted] signed a change order deleting the solar electric for home and well, adding the cost of installation of a the generator including batteries and propane tank, adding the cost to remove additional trees to meet Cal Fire requirements, adding the cost of installing a well pump and water lines to home, and adding the cost to rent a Porta Potty for 30 days. The change order decreased the cost of the project by $10,090.· On or about 5/11/15 Mr. [redacted] signed a change order to remove additional trees, brush and garbage as required in this case by CDF. The change order increased the cost of the project by $4,525.The net result of these change orders is that the final price of the project was $169,319.16 which was calculated by taking the original Total Base Bid of $173,285, adding the $1,599.16 covered in the first change order, subtracting $10,090 which was the net reduction from the second change order, and adding $4,525 for the third change order. Also note that the funds for the alternate wood stove were not approved in the final calculations I have attached Exhibit D which shows Regional Housing Authority’s final accounting. I have also attached an Exhibit E which is a copy of our final Purchase Order # [redacted] and Addendum B which show a Total Selling Price of $169,319.16 which matches Regional Housing’s final number. I’ve also included in Exhibit E the Final Settlement Statement from [redacted] in Chico, California, and as you’ll note $169,319.16 was deposited into the escrow account.It would appear to me that the accounting for this project is very clear which is why it’s difficult to understand how Mr. [redacted] can think or claim that that there is a $70,000 discrepancy in the numbers, or that we owe him $9000. As noted above, he signed every change order.I also want to address Mr. [redacted]’s request for a “real notice of completion signed by owner without threat.” I am not sure what he is implying, but I have attached in Exhibit F a copy of the Foundation System Certificate of Occupancy, the HCD 433A Recording, a Project Final document dated 5/11/15 that states that all items on the project are completed but the owner complained that the generator is not functioning properly, and a subsequent Project Final document that states that the generator was verified to be functional, and the permit is now finaled. I can assure you that all the documents in the attachment are real and in the public record.Mr. [redacted] also claims that he was expecting his home to be 1000 square feet and he ended up with less than 800. The fact is, the original Purchase Order that he signed on or about 3/4/15 very clearly states that the square footage of his home is 786 square feet. In addition, he signed a floor plan which I have attached as Exhibit G. He signed a statement on the floor plan that reads: “I have checked this order for accuracy and understand that my home will be built as specified in this home order.” Also note that the square footage of the home is clearly entered at the bottom of the floor plan, so I do not understand his confusion.In his complaint, Mr. [redacted] states that his home was not completed by12/31/2015 as originally expected, and while that is true, it was not a surprise to Mr. [redacted]. He signed a document on 12/30/2014 which stated that the project completion date would be delayed due to weather and permit delays. A copy of the signed document is attached in Exhibit H.I also want to re-visit the generator issue. Mr. [redacted] has insisted since day 1 that his generator was not working properly. I am told that [redacted] had 70 hours or more in service calls on Mr. [redacted]’s original generator, and I have 26 pages of Service Repair orders that I would be happy to provide you if you want them. My first thought was there obviously was a problem with the generator if that many calls were made, but as it turns out, many of the calls were false alarms I am told. In one instance they found the fuel supply was empty, in another an oil cap left off the generator causing oil to be blown all over. The situation got so bad, that [redacted] started requiring Mr. [redacted] to give them a credit card approval before making the 82 mile round trip to service the generator. The understanding was that if the problem was a warranty item, there would be no charge. If the problem was a result of Mr. [redacted]’s negligence, he would be charged for the service call. It’s our belief that the original generator was functional, however, we made the decision to replace it at our expense. Mr. [redacted] now has a new upgraded 10KW generator on his property replacing the 8KW unit that was originally installed. A copy of the invoice for the new generator is attached under Exhibit I.I could go on and address each and every issue, but in conclusion, Mr. [redacted] received everything he purchased and then some. Gutters and downspouts, deck, and screen doors were not ordered. Black shingles were his choice. Everything on the site was built per plan and inspected by Cal-Fire, CDF, and the Butte County Building Department. Had the site not been prepared correctly, and the home setup correctly, we would not have been issued the Certificate of Occupancy and 433A recording. If you need more detail, I will gladly provide it. I also want to be very clear that if Mr. [redacted] has any legitimate warranty issues outstanding, we will honor our warranty commitment. However, in light of the demands he is making, I see no path to resolution of his claim.Sincerely,[redacted]Skycrest Enterprises dbaCousin Gary Homes
First of all, it needs to be noted that all funds for the [redacted] project were provided by the [redacted] [redacted], and we won the project in an open bid. I have attached the Work Write-UP sheet under attachment Exhibit A, and as you will note, the original Work Write Up sheet did...
include a photovoltaic solar power system.During the site review it was determined that due to the surrounding trees and the configuration of the site, a solar system would not work and was going to be cost prohibitive. Consequently, the original Purchase Order and Addendum B were written with a propane generator replacing the solar system. I have attached a copy of original Purchase Order # [redacted] along with Addendum B in Exhibit B attached. Note that Addendum B to the original Purchase Order clearly shows the propane generator as a line entry, and also note that Mr. [redacted] signed both the Purchase Order and Addendum B acknowledging that he understood what was included and agreed to the pricing of the project. Also note that the Total Selling Price on our original Purchase Order is $177,605 which is $4,320 higher than the Total Base Bid shown on the Work Write-up sheet The difference is the addition of the [redacted] which is an “Alternate” on the Work Write-Up sheet, meaning that it would be included if funds were available. Also note that air conditioning was deleted on the Work Write-Up sheet, and does not appear on our original Purchased Oder or Addendum B.There were a series of change orders issued after the original Purchase Order was written which determined the final pricing. I have attached the change orders in Exhibit C above. Note the following changes:· On 4/2/15, Mr. [redacted] signed a change order which was issued to cover Butte County fee increases from $8,760 to $10,359.16, an increase in cost of $1,599.16.· On 4/24/15 Mr. [redacted] signed a change order deleting the solar electric for home and well, adding the cost of installation of a the generator including batteries and propane tank, adding the cost to remove additional trees to meet Cal Fire requirements, adding the cost of installing a well pump and water lines to home, and adding the cost to rent a Porta Potty for 30 days. The change order decreased the cost of the project by $10,090.· On or about 5/11/15 Mr. [redacted] signed a change order to remove additional trees, brush and garbage as required in this case by CDF. The change order increased the cost of the project by $4,525.The net result of these change orders is that the final price of the project was $169,319.16 which was calculated by taking the original Total Base Bid of $173,285, adding the $1,599.16 covered in the first change order, subtracting $10,090 which was the net reduction from the second change order, and adding $4,525 for the third change order. Also note that the funds for the alternate wood stove were not approved in the final calculations I have attached Exhibit D which shows Regional Housing Authority’s final accounting. I have also attached an Exhibit E which is a copy of our final Purchase Order # [redacted] and Addendum B which show a Total Selling Price of $169,319.16 which matches Regional Housing’s final number. I’ve also included in Exhibit E the Final Settlement Statement from [redacted] in Chico, California, and as you’ll note $169,319.16 was deposited into the escrow account.It would appear to me that the accounting for this project is very clear which is why it’s difficult to understand how Mr. [redacted] can think or claim that that there is a $70,000 discrepancy in the numbers, or that we owe him $9000. As noted above, he signed every change order.I also want to address Mr. [redacted]’s request for a “real notice of completion signed by owner without threat.” I am not sure what he is implying, but I have attached in Exhibit F a copy of the Foundation System Certificate of Occupancy, the HCD 433A Recording, a Project Final document dated 5/11/15 that states that all items on the project are completed but the owner complained that the generator is not functioning properly, and a subsequent Project Final document that states that the generator was verified to be functional, and the permit is now finaled. I can assure you that all the documents in the attachment are real and in the public record.Mr. [redacted] also claims that he was expecting his home to be 1000 square feet and he ended up with less than 800. The fact is, the original Purchase Order that he signed on or about 3/4/15 very clearly states that the square footage of his home is 786 square feet. In addition, he signed a floor plan which I have attached as Exhibit G. He signed a statement on the floor plan that reads: “I have checked this order for accuracy and understand that my home will be built as specified in this home order.” Also note that the square footage of the home is clearly entered at the bottom of the floor plan, so I do not understand his confusion.In his complaint, Mr. [redacted] states that his home was not completed by12/31/2015 as originally expected, and while that is true, it was not a surprise to Mr. [redacted]. He signed a document on 12/30/2014 which stated that the project completion date would be delayed due to weather and permit delays. A copy of the signed document is attached in Exhibit H.I also want to re-visit the generator issue. Mr. [redacted] has insisted since day 1 that his generator was not working properly. I am told that [redacted] had 70 hours or more in service calls on Mr. [redacted]’s original generator, and I have 26 pages of Service Repair orders that I would be happy to provide you if you want them. My first thought was there obviously was a problem with the generator if that many calls were made, but as it turns out, many of the calls were false alarms I am told. In one instance they found the fuel supply was empty, in another an oil cap left off the generator causing oil to be blown all over. The situation got so bad, that [redacted] started requiring Mr. [redacted] to give them a credit card approval before making the 82 mile round trip to service the generator. The understanding was that if the problem was a warranty item, there would be no charge. If the problem was a result of Mr. [redacted]’s negligence, he would be charged for the service call. It’s our belief that the original generator was functional, however, we made the decision to replace it at our expense. Mr. [redacted] now has a new upgraded 10KW generator on his property replacing the 8KW unit that was originally installed. A copy of the invoice for the new generator is attached under Exhibit I.I could go on and address each and every issue, but in conclusion, Mr. [redacted] received everything he purchased and then some. Gutters and downspouts, deck, and screen doors were not ordered. Black shingles were his choice. Everything on the site was built per plan and inspected by Cal-Fire, CDF, and the Butte County Building Department. Had the site not been prepared correctly, and the home setup correctly, we would not have been issued the Certificate of Occupancy and 433A recording. If you need more detail, I will gladly provide it. I also want to be very clear that if Mr. [redacted] has any legitimate warranty issues outstanding, we will honor our warranty commitment. However, in light of the demands he is making, I see no path to resolution of his claim.Sincerely,[redacted]Skycrest Enterprises dbaCousin Gary Homes