Estimate / SOW not provided. I notified Integrity of a dispute. Integrity has sent my contract to collection and has not settled the dispute.
I received your USPS certified letter on 11/26/2013 and attachments. In the letter, you note that:
"It is very clear in the signed Contract for reconstruction of your home dated 10/17/2013 with your signature, that you were providing the materials for the flooring and our full scope amount for all the repairs we performed at your home was $4500.00 for the reconstruction portion.
It is also very clear in the estimate and full scope of repairs that the flooring material cost was not included in the 4,500.00.
It is also very clear in the emails between you and ***** that our price to do the job was 4,500.00 and you were providing the flooring.
The original scope of work was 8,505.78. ***** removed the cost of the flooring "materials only" at your direction which reduced the price of the project to 4,500.00."
Below are my responses to your letter:
* In your "Attachment D" (emails), I rejected the original $8,505.78 scope of work. "However, the original cost of the flooring at over $5k is a non-starter for me."
* The revised project scope of $4500.00 was not provided to me in writing prior to the project start.
* The revised scope of $4500.00 was not provided to me until 10/24/2013, after the completion of the project. (Attachment E)
* In your "Attachment D" (emails): ***** does not state in writing that I am to pay for the cost of the materials separate from the project scope.
* In your "Attachment D" (emails page 4/6), I state that: "I'm okay with the total cost at $4500."
Per "Attachment D", I noted to ***** that "I'm okay with the total cost of $4500". This is why I issued a payment of $190.95 to Integrity Restoration on 11/01/2013:
$4500 (total) = $2250 (mobilization fee) + $2059.05 (materials) + $190.95 (balance)
I sent this reply to ***** on 10/28/2013 (Attachment E)+-. This message was not included in the attachments of the certified letter you sent to me:
I'm in flight now to the west coast for the week. I will be back at home Friday.
The misunderstanding we had on Friday could have been avoided before anything with the project ever got started if you had provided me with the revised SOW, which I never received. Additionally, you acknowledged it was a mistake on your part to have not sent this in advance. This is not my fault. I'm not sure how I, the customer, am liable for a mistake that is not my responsibility.
Per the conversation we had, I understand the total project cost to be $4500, and per the calculations I have below in the message string I owe you $190.95, and I am ready to make that payment."
It is unfortunate that ***** made an error in that the revised SOW of $4500.00 was not sent to me until after the completion of the project. As a result, I interpreted the contract of $4500.00 in the manner that I detailed above, and I have made full payment for this as of 11/01/2013. However, timely delivery of an accurate SOW is the responsibility of the Project Manager.
I would like to peacefully resolve this matter. There was a separate, earlier contract where Integrity Restoration provided mitigation and clean-up services onsite. I selected Integrity Restoration for the reconstruction project as I was pleased with the cleanup project. The clean-up project had a remaining balance of $500 due to my Allstate policy deductible, and I made payment for this the same day requested by Integrity Restoration staff.
I ask that you please review this letter and provide a response to me within 7 days of the receipt of this letter, or I will open a complaint with the Better Business Bureau to begin resolution. I left a voicemail for you on 11/26/2013.
Integrity's contract provides a guideline for contractual disputes. I expect Integrity to honor their contract, in accordance with state and federal laws. Until the dispute is settled under the terms of the contract, Integrity shall order the collection agency to cease and desist.
Mr ******** was offered a discount on our contract with him, for him to provide the flooring materials for his home. It was clearly discussed and emailed reply back from Mr ******** that the total project price after he supplied the flooring was to be 4,500.00. Mr ******** only paid 2,375.77 of his contract amount. He is in default for the balance of 2,059.05.
(The consumer indicated he/she DID NOT accept the response from the business.)
The contract was not clear. If it were, we would not be at this stage. As previously stated and documented, I did not receive a revised SOW, therefore I did not sign and approve this under the terms of Integrity's contract. The revised SOW that was ultimately provided to me was dated after the completion of the project. I have made payment in full per the contract amount that I agreed. Integrity is at fault for not properly documenting,and providing the documentation to me to review and approve. Integrity is in error, and I will not accept responsibility for their error. Furthermore, without a legal contract, Integrity showed bad faith under the terms of their contract to bypass the dispute resolution clause of their contract and proceed to have a collection agency contact me. There is no legal document that exists per the notes above. If the collection agency contacts me again, I will report them to the FTC as a violation as there is no legal document that exists. Finally, I feel that Integrity is not taking responsibility for their error, they are harassing me. If they had properly handled this contract, none of these subsequent actions would have taken place. I have made all agreed upon payments to Integrity in the time required by their contract.
Final Business Response
The original Xactimate pricing submitted to Mr ******** was 8,505.78. (the amount of the insurance claim)
Mr. ******** indicated he found flooring material that was cheaper than our 7.00 per sq. ft. price, and that he wanted to supply the material and us to supply the labor only.
We revised our pricing to reflect labor only and went to contract for 4,500.00, which was signed before the work began.
Mr ******** has only paid 2440.95 toward the signed contract of 4,500.
At this time Mr ******** is trying to reduce the contract by removing the material cost a second time and say that he has paid us in full due to a mistake or misunderstanding.