Company came and quoted siding price of 10, 400 I agreed to price provided payment and 2 weeks later they said would not honor contract.
Company came to my house on 4 occasions to view project as well as to measure on the 3rd occasion they modified the contract per my request to add in siding the chimneys and were aware it was a duplex. On approx 8/1 I provided approval to start the project as well as provided payment via credit card at tht time I was told project would have begun the week of the 20th on 8/14 I received a call telling me they were not going to honor the contract as they made a mistake, I informed ***** ************ that this was a breach of contract and basically was told his company was not going to lose money to do a job. I then talked with ***** ********* who said he was the owner and he again said he would not honor the contract as he would not lose money on a project. At that time he sent me a revised contract for $15, 685 which I told him I am refusing his contract on the grounds that I was clear from the beginning on the project as well as his crew came to my house 4 times over the past year to measure plus they revised the contract on 7/31/2013 to revise for the chimneys so it was clear they were doing the entire house.
company should pay difference of new price from other Hardie contractor and lost rent as I had to delay construction an additional month due to their breach of contract plus the time it took to get other Hardie contractors to submit quotes and re-order materials.
In response to Mr. *******'s complaint Iwill attempt to address each of his points one by one.
Company came out and quoted siding price of 10,400 I agreed to price provided payment and 2 weeks
later they said they would not honor contract.
One of our managers, *****, did come out last year in April of 2012 to provide a quote. He provided th e
cost to replace the siding on one unit of a duplex as well as a common covered porch area. The contract
price was 10,334. While Mr. ******* did provide credit card information on Aug5"', it was with the
understanding that we would not run it until sometime after the 10'" of august . He was informed that
th e contract/quote we provided did not cover both units on the 12,nor 13th. This is just one week after
he se nt his payment info, and a day or so after he gave us permission to run his info. He was never
billed. We never collected any money from him. He never provided a signed contract to us, which is
required to start ordering material.
Company came to my house on 4 occasions to view project as well as to measure on the 3'* occasion
they modified the contract per my request to add in siding the chimneys and were aware it was a
***** came to t he house on 3 occasions. The first was in April of 2012 and the second was in Julyot
2013. One of the meetings was to simply discuss colors and look at our prefinished Color Plus product.
***** states that on the initial meeting in 2012 the discussion revolved around one unit. Our proposal
and contract reflect s this. It spells out material quantities as well as specifically lists only one of the
units. Please review att ached propo sal. The chimneys were added on the second meeting and the third
meeting was not even a scheduled meeting it was simply a t ime for our field crew leader to ta ke his own
measurements. At some point during this process it became clear to ***** that the initial bid done 16
months before was for half of the building, but Mr. *******'s current expectation was to complete both
units of th e duplex. ***** called him that night I believe Monday the 12,n, and left a voicemail. They
spoke th e following day. At this point we still had no signed contract from Mr. *******.
On approx. 8/11 provided approval to start the project as well as provided payment via credit card at
that time Iwas told project would have begun the week of the 20th.
Mr. ******* did not provide approval on the 8/1 . We rece ived an email on the 4th saying he was ready to
get st arted. On the 8/5 he sent his credit card info with the disclaimer that it could not be billed until
afte r 8/10. Hewas not told that we could sta rt on the 20"'. The product he said he wanted has a
manufacturer lead time of 10-15 business days. This would not have been ordered until we had a
deposit. The ea rliest that would have happened is Monday the 12,n. My best guess is that he heard lOIS
days and added 10 days to his credit card date of the 10"'. Other than th is Iam not sure how he
landed on th e 20"'. Hewould in fact not bee n given a start date until we had a sign contract with t he
colors he chose.
On 8/14 I received a call telling me they were not going to honor the contract as they had made a
mi stake, I informed ***** ************ that this was a breach of contract and basically was told his
company was not going to lose money to do a job.
There is a discrepancy on the date of contact, but t he fact of the matter is th at Mr. ******* was informed
of th e miscommunication as soon as we became aware of his expectat ion. This was also done before
he ever signed a contract. Mr. ******* did claim a breach of contract. I am not certa in how he can be
justified in making this claim as he never provided a signed cont ract, and we never collected any money
from him .
I then talked with ***** Apernathy who said he was the owner and he again said he would not honor
the contract as he would not lose money on a project.
Mr. ******* did speak with me, ****** ********** an owner of the business. I called and allowed Mr.
******* to give his version of the accounts. Some of whi ch I knew to be inaccurate because I had
reviewed all of th e email correspondence between him and ***** (I will provide th e chain of emails that
I have referred to). Some of it was simply a diffe rent take on th e same situation. I did make severa l
offers to try to improve the sit uat ion. I offered to review other bids provide by our compet it ors and
match th ere price on t he footage they provided. I offered to do th e additi onal work on t he second unit
at our cost. None of t his was acceptable to Mr. *******. He cont inued to claim a breach of contract even
after I explained t hat our initia l contract th at he didn't sign was fo r only one unit. It was very clear
about th e address aswell as the coverage and quantity of material s. The contract we sen,t and he is
determined to hold is to, was for exact ly what he didn't want .
At that time he sent me a revised contract fo r S15,685 which I told him I am refusing his contract on
t he grounds that I was clear from the beginning on t he project as well as his crew came out to my
house 4 t imes over the past year to measure plus the revised the contract on 7/31/2013 to revise for
the chimneys so it was clear they were doing the entire house,
I instructed ***** to send Mr. ******* a revised estimate based on th e or iginal proposal and t he
additi onal work to be billed at our cost . Mr. ******* refused t his offer. Again I will state t hat we were at
t he house 3 times not four. One of t hose times was simply to discuss colors and the first was 16 months
before th e second two. The proposal was revised to add th e chimneys, but to the initia l proposal. The
contract we provided was clear th at verbal agreements aren't binding. Also he was never even provided
a fi nal revised contra ct that included colors. This is important because nothing could be ordered
without t hat color select ion being signed off because the product he was interested in is painted at t he
factory. I will again push the fact that he never provided us with a signed contract, complete or
Company should pay difference of new price from other Hardie contractor and lost rent as I had t o
After speaking with our area ***** ****** rep, who was contacted by Mr. *******, we have found out
that our competitor priced this job at 22k. I am not sure how someone is shocked that a contractor
whose proposal was half of his competitors only priced half of the scope of the offer bidder.
As far as lost rent is concerned , there is no reason to have lost rent over this issue. Our work takes place
outside of the dwelling and is performed during the daytime work hours. 99%of our jobs are on
occupied homes and t here is no reason that Mr. ******* could not have a tenant in the unit whi le we
work. In fact Mr. ******* told me that he would have been occupying his side of th e duplex during the
work. I'm not sure how this is a valid complaint or an issue that needs a resolution. I myself have 6
rental units and I wou ld have no issue performing the work while my tenants were there.
To summarize the important points are:
Mr. ******* never gave us a signed contract.
As of 8/5 Mr. ******* had not provided us with colors to fina lize a f inal draft of the contract.
The version of the contract th at Mr. ******* continues to claim we have breached is very clearly for on ~'
one of the units/ the common covered area and the chImneys.
The material quantities were noted
There was no start date written into the agreement
No verbal st atements are bind ing. This is stated in bold on our agreement .
We never collected any money from Mr. *******.
Mr. ******* was not damaged in any way.
Please review t his statem ent and our attached documentation and let me know if you need anything
Owner, Preview Const ruct ion
(The consumer indicated he/she DID NOT accept the response from the business.)
I have email from 8/5 that clearly states that we agreed on price and a billing date of 8/10 to do the entire home as well as the colors selected with my credit card information as well as him telling me they were going to charge additional fees to use my credit card of which I agreed as well as me telling him that they could park the dumpster in 7531 side of the property.
As I explained my loss of rent is that I wanted to be able to not inconvenience new tenants and wanted to wrap up both projects at the same time and with their refusal to honor the contract I had to find a new contractor to complete the project as well as wait for the materials for the job to be done, the new contract finished my project on 9/10. I did find another Hardie preferred contractor that did the entire project as described for $13,150 plus my lost rental income of $900 totals $14, 150 minus the $10,400 = $3750 loss of which I am seeking as damages for breach of contract and damages. Failure to reimburse the difference will result in a civil court/small claims court action.