Friday, November 07, 2008

UPDATED: Feeling better, but didn't count on the sickening emails.

You guys won't believe this. My contractor is prepared to sue me. (For the long, detailed version of how we last left off on this situation, clickedy on this linkedy.)

I know, I know! Dude is NUTS, right? Yeah, I think so, too. It's too bad, really. He has a young family, and everything. It must be so hard to raise children when you're insane.

Anyway, he sent me an email yesterday that said the following:

"your window is now in. I thought i would hear back from you regarding our final invoicing, but unfortunatley have not. My dilema is how to handle the difference in pricing that was originally sent (in error) and what was supposed to have been sent. While i fully understand your position based off of your previous emails, i still am left with a project that did not meet it's costs simply due to a programing error in our computer. We notified you [oh my GOD!!! NO HE DIDN'T! I notified HIM. GAH! GAAAAAHHHH!!!] that this contract was flawed shortly after we began the work. (back in may). If you had intentions to not pay us, we could have and probably would have either not choosen to continue, or shown why this project would not have met it's costs.

so, at this point, we both need to consider options. I will heavily consider any type of partial payment towards the correct totals, and call it even. I'm sorry to bring this up, but i can't do work and end up having to pay for the privelage of completing the job. I could have left the place unfinished, but i would not do that as well.

If you feel you have no obligation to pay us any additional money [which I don't, DUH], then i will have to consider two other options:

1/send the contract to an arbitrator to get a ruling. that will mean both of us will probably have to go and explain what circumstances surrounded this remodel.
2/send to attorney for reiview.

i don't prefer the latter, but i also can't see working on a project and end up doing it for negative numbers. I am very sorry this has to surface. i'm happy with the results of the job, and hate to bring this up due to a stupid problem in our computer program."

So I talked to dad last night again to make sure I had my ducks in a row, and he agreed with me that I just needed to send a note in response saying the same thing I did in October, but also restating the fact that we would like the broken window that's in our closet to be replaced by either himself or a member of his team licensed to do so, as it was broken during installation in the course of construction. Here's how I responded:

"As I stated in my email to you on October 13th, 'At this point in time, I feel very uncomfortable discussing anything related to the payment on the project since it remains incomplete. Once the carpet is installed, our window is repaired, and the key to our home has been returned, I will respond accordingly.'

Right now the only thing left on that list is our window remains unrepaired. I have spoken with a trusted source who has advised me to not install that window myself, so if we could set up a time for you or another professional who is on your team to install it that would be the preferred course of action. It was broken during construction, and thus is a part of the project that needs to be completed on your behalf.

[Leo] will be home on Monday and Tuesday. Please let me know if either of those days are convenient for you or a member of your team to come to replace the broken window. He’s also home by 3:30 Wednesday – Friday, if a time on one of those days would be more convenient for you. I’m going to request that the window be replaced within 10 business days, so just let me know what time/when will work best.
Thank you."

If he fails to complete the project by not installing the window, I'm going to let him know that I'm filing a formal complaint with the state Contractor Licensing Board. If he threatens, again, to sue me, I'm gonna tell him that he can go right ahead.

This guy is a piece. of. work.

Received this response from him:
"we will be happy to do so. First, we will need a statement from you regarding your intentions about our final balance."

My response back:
"In that case, since you are refusing to complete the project you are under contract to complete, I have no choice but to file a complaint with the state Contractor Licensing Board."

His response back to THAT:
"Fine, and i will assure you a law suit."

Mine back to him:
"Good luck with that! See you in court."

Awesome. I feel so, sooo happy now. Anybody have a bottle of wine I can dive into? I know its only 10:30 in the morning, but I think I goddammed deserve it.


Dan said...

Faith - I MUCH prefer to give you a hard time and push your buttons, but, Holy Mackerel, you are 1000% right here. You signed a contract with the numbers he submitted. Would he give you a refund if the bid was accidentally too profitable?

If GM posts a loss this year, do they get to go back to all their customers and tell them that they meant to charge more for their cars?

It's really sad for this guy that he submitted a lousy bid, but you didn't cause that mistake, and you should not be charged more because of his mistake. Stick to your guns, Faith! (Hah, like you needed me to tell you that!)

Faith said...

Hahahaha! Dan, you're right. Don't need anyone to tell me to keep up with the fight. But I'm glad this issue is as clear to everyone else as it is to me. I don't know what this dude is high on, but I don't think I want any...

faithstwin said...

OMG- I think you are dealing with something here that makes you feel very similarly to how I feel in dealing with the Ex.

I didn't think the twin thang would work for us in anything relative to the retardation that is the ex. I see I am wrong.

Dude, you are being WAY more diplomatic than I would be in this situation. Kudos.

Faith said...

Well, go back and read what I wanted to write to him the last time he brought this shit up! I'm just taking dad's advice (he *is* wise, and shit...) to keep it short when I respond to him. We already know the stories we have about him during the project (i.e. himo taking responsibility for damaging the ceiling in our office when we got that ranstorm after tey ripped the roof off the house, and how the painting of the master bedroom wasnt apparently a part of te budget, even though they ripped up three of the four walls in there during construction, etc, etc, etc....) but dad advised me not to bring them up over and over in the emails I send. Just keep it short, and save the stories for the complaint I file and for court, if it comes to that.

Faith said...

OMG, my keyboard SUCKS ASS. I hope that previous comment is somewhat legible...jeezy.

Chimpotle said...

As I noted in a previous comment, if he keeps blaming the software, you should tell him to take issue with them. Although, that would likely be even less fruitful. If he's already complaining about being shorted, he's not going to enjoy paying lawyer fees for potential him and you.

faithstwin said...

Yup. He's just driving himself further into a hole. That's too bad.

Faith said...

I'm hoping that my complaint to the Contractor Licensing Board will slow him down and make him think a bit.

I need to call them...