Friday, November 07, 2008

::sigh!:: Good lord, there's more...

Unbelievable. He sent another email. Wow.

"It's unfortunate to read your responses and see so much hatefullness after the effort that has been applied to this project. I only asked for a statement about our final billing, and instead received a threat. therefore, you can pick your window up at home depot at 135 th and 69 hwy. we will weigh our options and respond."

I don't know what he though it was to tell me that I had two options, either to go to arbitration or he'll contact his lawyer, but apparently, I was the one who sent a threat to him. Riiiigggghhht.

I couldn't help it this time. I let loose a little bit in my response (Twin, hopefully I made ya proud):

"I’m not trying to be hateful, [contactor], but I’m tired. This project exhausted me, and you’ve taken it beyond the limit of insulting by telling me that because of a software glitch on *your end* of the line, *I am* responsible for an amount beyond that which is in our contract, which you signed as well. If you had a software problem, why don’t you take it up with the software company?

Also, I wish you’d stop saying that you brought the error to my attention, when it was ME who brought it to YOUR attention. I have the email proof! I have your response! I don’t understand why you’re making this out to be an issue that I somehow am responsible for. It’s tiresome and annoying to have to keep stating the same thing over and over. We signed a contract. We abide by that contract. For some reason, I am the only person in this professional relationship that seems to understand that concept.

Your installers broke the window when they installed it. I am not going to be held responsible for the installation of the replacement. You need to install it in order to comply with the contract. Since you don’t apparently stand by anything that a contract stands for, I have no choice but to file the complaint, as previously stated in my email earlier today.

I’ve been counseled throughout this process by my father, who has been a general contractor for over 35 years in the commercial as well as the residential field in California and Nevada. I trust his judgment when he tells me that the contract is a binding agreement. He asked me if we had made any changes to the project as we went along, I told him that we had. He said that any changes that occur need to be done through change orders that are submitted and agreed upon and paid separately, which is what we did per the contractual agreement we both signed in April. He advised me to file the complaint through the Contractor Licensing Board if you decided that you weren’t going to uphold your end of the contract, and that is exactly what I plan to do.

I’m being honest. If you see that as “hateful” there’s nothing I can do about it. Except stop responding to your emails, which I plan to do from this point forward."

I wish I'd pointed out the fact that he was the one who made a threat first, and that I had no choice but to reply accordingly. I mean, basically, he told me that I can't have my window until I agree to give him more money. Helloooo? Extortion? (Is that extortion?) Whatever, it's RUDE. And so I replied as I'd been advised to!

I hope he stop sending me emails. Because, good GOD, I already have enough incentive to get drunk as hell tonight! I don't need more, thanks. Jeesh!

8 comments:

Chimpotle said...

Change your locks. Hire a handyman for the window. File a counter suit for emotional distress.

Alisha said...

Jesus. Well, not that that you need my opinion but I can tell you from my law class that a contract is a contract and he has no leg to stand on as far as I can see. What a douche.

Alisha said...

I agree! Change your locks.

Faith said...

He replied back to me: "the window was not broken when it was installed. it was broken in your yard. we all saw it. none of the time being put in these emails
is really worth it. i have tried to tell you the issues that we face, and your answer is pretty much to bad. i'll arrange to have the window brought over ."

Yes, that's what my answer has been all this time. "Too bad. Nyah nyah nyah nyah nyah!"

Um, I think my answer has been professionally stated: CONTRACT! SIGNED CONTRACT! OMG! OMG! (Ok, except for the all-caps. And the valley-girl omg-ing.)

So, is he conceding when he says he'll arrange to have the window brought over? Does that mean that he's giving in? Should I send him another email telling him that leaving it n the porch, or something, isn't acceptable, in case that's his plan? Because one of us needs to be home when they come to install it. He shouldn't have a key anymore, dammit. He gave me back his copy when they installed the carpet. (But yeah, I'm planning on changing the locks, fo sho.)

faithstwin said...

I have a feeling he's just gonna leave the window. I would still complain to the licensing board- his behavior has been much less than ethical and other people have a right to be warned.

Alisha said...

I agree with the twin. He has caused you nothing but grief, which no one needs in the middle of an already stressful situation.

Nuke said...

3 quick thoughts Smiddy,

1. If he expected a different compensation he should have had a signed (by both him AND you) addendum to the original contract. In this situation you are entirely right in expecting things finished as promised.

2. If you seriously think he is going to get all legal on your ass pull down all the discussions on this site about the case. Not that I think you have done anything wrong, but your Twin can attest to hateful people trying to use anything against you that they can.

3. What ya drinkin? This kind of stress you owe yourself the good stuff!

Faith said...

1. That's what dad asks me every time I talk to him about the situation. I chalk it up to him being old. And every time, I tell him that no, we did not sign any kind of addendum. I wouldn't have. I barely had the money for the first contract we signed, much less the second amount he sent along a month later!

2. I'm Faith Smith on this blog, a.k.a. "Smiddy", a.k.a. PITA Bitch. FYI, those aint my real names. ;) I have never even alluded to his real name or mine. And even when people asked me to tell who he was so they could avoid using him in the future, I wouldn't do it. I think I'm safe. But believe me, I've thought of that, and if it gets to that point, I'll be sure to let you all know, and I'll archive thee posts in a special place deep, deep in the depths of my home computer in something called "Word", and remove them from the 'net.

3. Vodka. Blueberry flavored vodka. With soda and a lime. I might even go so far as to get myself a tall instead of a short, dammit. I'm feeling feisty! (Fiesty? Fiesta-y? Whatev.)