Breach of Contract
Breaking and Entering
No building permit or inspection
Violation Ca. Cont. Lic. Laws
No 3-day Right to Cancel
In late Sept. 2013 a copper pipe in the cement slab of my kitchen ruptured. flooding half of our home. I was referred to Valley Air Conditioning Repair (VAR) 1350 "F" Street, Fresno Ca. XXXXX
A few days later ***** ******* (supervisor) came to our home to give an estimate. After carefully looking around and through our house he explained that it was going to be very expensive as there was no "attic" to make a direct pipe run; as there is a vaulted "A" frame ceiling in the great room of our home. He explained that the only way to properly install the AquaPex Tubing would be to cut through the sheet rock in the ceilings and run the AquaPex from the garage on one end of the house through (above the sheet rock ceilings and below the insulation) of the kitchen, dining room, guest bathroom, laundry room, and finally the master bathroom. He went on to say they might have to drill some holes through the 2x4's or 2x6's in the ceiling; depending on what direction the floor joists below the loft/game room floor and above the dining room were running so the AquaPex could thread through the holes.
A day or two later I was contacted by the company (VAR) They stated that they had an opening in their very booked solid schedule and I needed to decide right away as they had a "Very Large" apartment project coming soon and they would not be able to fit me in unless I committed right away. They said they could start on 9/30/2013. VAR faxed me the proposal/contract. I signed it on 10/01/2013. Work began on 10/02/2013
My family and I were staying in a motel at the time and requested VAR contact us by phone when they were leaving Fresno so we could have time to get ready and meet them at the house on 10/2/2013 and let them in. We received a call from our alarm company (ADT)at 8:26 A.M. Stating that there had been a break in through the guest bathroom door.The Sheriffs Dept. was dispatched and I went to the house right away. VAR employees had entered my home without my permission!
Now the Facts:
1. The work was NOT performed as ***** ******* (supervisor) had said it would be. Instead; they (VAR) ran the AquaPex up and over the peak of the "A" frame ceiling through a small gap with no insulation or tie down hardware. This allows the AquaPex to freeze and / or allow freezing cold water to come through the hot water faucets throughout the house. Water must run approx. 3 to 4 minutes before becoming warm. In the summer the reverse will happen; ie. the AquaPex will heat up in the 135 + degree space in the "A" frame and we will have extremely hot water coming out of the cold water faucets. It also allows the tubing to "whip" around and "water hammer" on the rafters and in the walls making loud noises, clunks, and bangs throughout the house. Had they done the work as I was told; this problem would NOT exist!
2. They removed my "Jacuzzi" type jetted tub in the master bathroom. They chipped, scratched it then re-installed it crooked. They also gouged the 2 wooden window sills and chipped the tile floor and Cut hole in the outside wall, drilled through the ceiling breaking a large custom built-in mirror, installed AquaPex on top of very sharp screw in the wall in the same bathroom. Drilled hole through bedroom ceiling causing a "chunk" of damage to the sheet rock.
3. Installed new outside hose faucets just a few feet away from the existing ones. Left the old ones in place with no water coming out of them.
4. Preasured into signing contract.
No 3-day right to cancel form ever provided or signed!
CONTRACTING WITH A CONTRACTOR:
THE HOMEOWNER'S RIGHTS TO CANCEL
Homeowners who enter into contracts with contractors to improve, remodel or repair their homes almost always have a right to cancel the contract, without any penalty or obligation, within three business days after signing the contract.
Breach of Contract
Breaking and Entering
No building permit or inspection
Violation Ca. Cont. Lic.
Pay to repair damages to my home and the additional costs to have another company perform a proper installation of the water system.
Pay costs to provide housing for my family while the problems are corrected.
Punitive damages for there actions.
Contact Name and Title: *****
Contact Phone: XXX XXX-XXXX
Contact Email: *********@valleyairrepair.com
Valley Air Conditioning & Repair, Inc. aka VAR provided a proposal to the claimant for a re-pipe due to a slab leak at his home. At the time ***** (our plumber) was not aware there was space to run the piping through the peaked ceiling. Over the peak is where all the mechanical ducting is ran, I know this because VAR was the mechanical contractor that installed the HVAC in this model of home in the 90's. After discussing the re-pipe, re-route with my plumbers and the claimant, I advised the piping to be ran in the peak. Though it would take longer, we agreed that the alternative would save him on extensive patching and paint in which he would be responsible for. The claimant consented to the change (and no change in price) and was also present during the work being performed, never once did he change his mind about the better route for the piping.
The claim of warm and cold water through attic pipes is common and that is why the pipe was insulated to reduce the extreme temperatures. Additional insulation was pushed to areas in the peak ceiling around the piping where it was difficult to access. Also we insulated piping where before the piping wasn't insulated. The claim of loud noises, clunks and bangs through the house. All accessible pipe was strapped and insulated. Whether the pipe is ran through the ceiling, walls or high beam "peak area" the contraction and expansion will still exist and can be reduced by additional strapping and heavier insulation once identified where the noise is coming from. The claimant has not allowed us back to go over this complaint so we may address his claim.
Breaking and Entering? Our staff had set an appointment with the claimant in the morning. Two of VAR's plumbers arrived on time, on site as scheduled. After knocking and waiting around for someone to appear from the home or arrive to the site, they opened the door just to yell in to see if there was any other contractors or owner present. They did not enter, nor were their intentions to enter. Their observation however; was that of a "home under restoration construction" described as an unoccupied, stripped kitchen, tarps and other contractors coming and going.
Referring to the listed damage damage of (2) gouged window sills, chipped tile floor, chunk of damage to sheetrock has just been mentioned in this complaint only for the first time. VAR's staff did not damage the chipped tub, it was that of normal wear on an older tub (approx 20 years). VAR did take responsibility for the mirror. VAR delivered it, he refused it, so we discounted the billing.
The Garage hose bib was replaced and installed in the same location. The hose bib on the south master bedroom side was not accessible and the claimant did not want to move the the large dresser so he approved the new location 2 feet away and he requested we leave the existing hose bib so he would not have to patch. Hose bib on westside was not replaced by the request of the claimant.
VAR's staff NEVER pressured the claimant and he never requested or even implied he wanted to cancel the job, we would of GLADLY honored his request. On the contrary after VAR's dispatch dept. rearranged already scheduled jobs to accommodate the claimant's very difficult schedule, he then canceled the start date. After this occurred it was explained to the claimant that we had another opening for him prior to a large apartment job starting up. The claimant was provided the proposal on 9/25/2013 and it was explained we would need the signed proposal prior to the start date so he signed it 10/1/2013, prior to the start date.
Right to Cancel: The claimaint NEVER requested or implied he wanted to cancel. Valley Air would honor that right.
Breach of Contract: To the contrary, Valley Air and it's staff made every effort to satisfy the claimant concerns and complaints by adding extra strapping and insulation etc. on our last allowed visit. the claimant still refused to sign or pay and again NEVER mentioned any dissatisfaction with the route of the piping. Furthermore; VAR never performed work that was not authorized by the claimant and never added cost to his original proposal.
Improper Installation: Work performed is to CODE, not improper.
the claimant's intent NOT TO PAY became more and more apparent after the start of this project. My staff has made every effort to satisfy the claimant, he has never requested the job to be re-done until now. He is using a completely operational "to code" system as promised. The complaints were filed after my demand for $6,550.00 which reflects a discount of $2,850.00.
I have multiple unanswered emails and messages to the claimant in attempt to resolve his complaints. The claimant has been extremely elusive throughout the process and making it impossible to inspect, perform, settle or satisfy his complaints.
There are many untruths, exaggerations mentioned in the claimant's complaint. I have several parties involved to attest to it.
Consumer's Desired Resolution:
VAR has never been ask to survey damage for reimbursement. All damage listed is unknown by our staff other than the mirror and we made a deduction for that. The work performed and approved by the claimant, he does not deny it. The work was "proper" and "to code" so why would we pay to have it re-done.
I have sent the information to my attorney to pursue the collection owed to VAR and will move forward once I am advised.
The company's response does not address many serious issues. The work is not completed therefore no reason for their continued attempts at billing me.
At this point I ask the company provide copies of the following:
-Copy of the original contract
-Copy of the 3 day right or refusal
-Copy of the building permit
-Copy of the initial inspection from Madera Co.
-Copy of the final inspection signed off by Madera Co that work was performed properly.
-Copy of detailed final contract/bill of all services performed and the cost involved.
Final Business Response
I have attached Mr. ************* requested information stated on his last correspondence. I have also attached both my and my attorney's demand notices.
Let me know if you have any questions.
Final Consumer Response
In regards to their response from 06/13/14: "At the time VAR was under the assumption that the claimant was retaining his own permit, it was not included and he had other work being performed, however; VAR has no problem pulling a permit (at our expense) for the owner and following through with the inspection process. VAR ask that we and the county get full cooperation with the claimant for accessing his property in order to schedule inspections.
I again will provide the invoice with the work performed and the signed proposal/contract to the claimant. I will send it by mail today."
This is acceptable and I am in agreement to this.