I hired Greater Dayton Chimney Co to repair a chimney on a rental I own. The end product looked terrible. The bricks did not match.
I hired greater Dayton Chimney Co on 2/23/2014 to repair a chimney on a rental I own in Washington Township. It was obvious the sample bricks did not match the existing bricks. I was informed by the company owner ***** ******** that he could stain the bricks to make them match. I took him at his word. His bid was $4610; I paid him half that day. An additional $1500 was paid once the work was completed with the balance due once work was considered satisfactory. On 5/5/14, I met again with Mr. ******** to evaluate the final product. Even after he attempted to stain/paint some of the bricks, it was again obvious they did not match and were aesthetically unacceptable.
Multiple pictures were taken to record the results. After an extended conversation about a satisfactory resolution, Mr. ******** offered to paint more bricks for an additional fee of $400 plus the $805 owed. I agreed to the $805 only. Mr ******** then threatened to sue me and put a lien against the
house. After further discussion, I proposed and he accepted that it would cost me at least $500 to have the whole chimney painted one solid color by the painter of my choice. He agreed to accept $305 as final payment for services rendered. Mr. **** ****** witnessed the agreement and we shook hands. I wrote him a check for $305 (which he cashed) and we went our separate ways. Mr. ******** then called my cell phone at 15:41 stating he would paint all the remaining bricks for $500; I told him I would not decide that day. Fast forward to 11/21/2014: my renters returned home to find a business card on the door from Greater Dayton Chimney threatening a "lien on property in 7 days...collection agency within 30....Balance 1000" Photo documentation available. A call was placed and message left on Mr. ********'s cell phone to call me back which he has not done as of the filing of this complaint.
Mr ******** needs to abide by the agreement entered into 5/5/14 and feel grateful that a BBB complaint has not been submitted sooner and that reviews on Yelp, Angie's List, etc. have not been completed. It is this consumer's belief that if this issue goes to court, a jury will side with me once they have witnessed the mediocrity of the final product.
I met with mr. ***** back in February earlier this year. His chimney needed major repair to be rebuilt on the top 18 courses approximately. The bricks were split in half and there was a large crack going down the back of the chimney. I tried to get some brick samples that were close to the bricks that he had on the house. Like I do with all my customers we always get a few samples and let them pick.when I met Mr. ***** the samples I had only one color match close for the base.I told him that I could stain the other ones to match some of the darker ones on his chimney.or we could wait till spring when the new colors and break matches come out.he insisted on starting as soon as possible. I told him I can get some more samples and we could do it when the weather got warmer, but he insisted on starting immediately. HE Mr. ***** picked out the brick that he wanted.at the time he gave me a deposit for 50% down to get started the next week.as soon as the weather broke we started on the chimney. As soon as we open the chimney we found the problem that there was junk trash leftover materials the chimney was billed on at the top to extend it above the roofline for code.that's what was holding in all the moisture in doing the damage to the brick.we dumped in excess of 1500 pounds of trash.after the chimney was complete I met with the tenant to pick the color to stain the bricks and the tenant was very happy.mr. ***** said that he would like to see the end product in person and then I had to wait a couple months for him to come back into town so they mailed out a partial payment.when I met Mr. ***** and may he was not happy that the brick looked good and it made the rest of the house look bad due to the deteriorating mortar. He also asked if I could paint the whole chimney for him so the colors would all match. I told him I can stain the individual bricks that I rebuilt but that be an additional cost. He said he had a family member that was a Painter and he would short me the difference and have the family member paint the chimney all one color.
Now in the middle of December the chimney has not been painted. And he is not paid the balance owed of $1100 plus $40 per month for a late fee.
I contacted Mr. ***** and told him I was going to put a lien on the property if the balance wasn't paid.at that time he threatened to slander me through the Better Business Bureau yelp and Angie's list. Saying I forced myself on to him for the job something he wasn't even ready for. That he had no choice in the bricks. And that he never signed a contract.
I strive very hard to keep my customers happy and I have never done high-pressure sales at all. And all my customers have to confirm a break match before we even get a deposit for the job.
I have left numerous messages for Mr. ***** about the balance, but I have not got a return call or letter. Once I inform them that I was going to put a lien against the property that's when he decided he would slander the business to get me to withdraw a lien consider it paid in full.as I stated before we do not do high-pressure sales, but I will not be bullied by a customer. Just because they want to save a dime.
Greater Dayton Chimney
(The consumer indicated he/she DID NOT accept the response from the business.)
It is evident that Mr. ******** and I have differing perceptions of the facts in this matter. I will restate the facts:
1. ***** was contacted in Nov 2013 to assess chimney.
2. His starting quote to tuck/point,crown,power wash and seal was $1300.00
3. Work was postponed until March 2014 because he stated that the weather was too cold/harsh, and there was too much snow.
4. By then, he started he said that the chimney had deteriorated and his new bid was $4610.00 (in hindsight why didn't he tarp the chimney to protect it?)
5. I agreed to hire him for the job and explained to him implicitly that I would only accept a bid and not an estimate.
6. ***** met me at the property with a sample of bricks that he chose for me to approve. They did not match, but he said that he could stain them to match.
7. I was NEVER advised that ANY other bricks could be obtained if I waited. He was confident that he could stain them, and I believed him. He told us that there was only one brick yard left in Dayton and choices were limited because of it. I also NEVER "insisted" that work start immediately.
8. ***** also failed to point out that the shape of the bricks was different than the ones on the house which didn't become clear to us until they were installed.
9. ***** was paid $2305.00 (50%) to start project.
10. Despite the above assertion, our renters contacted us multiple times during the project. They complained of Mr. *********** failure to accomplish certain tasks on days he was supposed to, failure to place heaters in chimney as promised (apparently broken), failure of his tarps to stay in place during project, and their overall dissatisfaction with the final product. Our renters are potential buyers and have already stated that they would want an additional chimney inspection if they decide to buy.
11. After ***** considered the project complete, he was sent an additional $1500. He agreed that the balance was not due until I visually inspected the completed project in May.
12. Our renter *******, *****, and I met at the house. As stated in my initial complaint, after much discussion, ***** agreed to reduce final payment by $500.00 (estimated cost to have the entire chimney painted one solid color: no time was inferred as to when the chimney would be painted). We shook hands on this new agreement with my renter as a witness and I wrote him a check for the balance (minus 500.00) in the amount of $305.00. I considered that the end of our relationship.
13. ***** called me later that day to offer to paint the chimney for the $500.00 but I had lost confidence in his workmanship and did not want any further business with him.
14. I have not once heard from ***** by phone or mail since May 2014, until he left a business card at the rental property a few weeks ago threatening to put a lien on the property and report us to a collection agency. He has my cell number and my wife's cell number, which have not changed. It was at this time that I decided a report to the BBB to protect others was necessary.
15. ***** is complaining that the chimney has not yet been painted. It would be at my discretion to paint the chimney when the rest of the house needs painted.
16. The amount he says we owe changes with every correspondence ( $500, $1000, and now $1100).
17. If Mr. ******** continues to insist that money is owed him, then I would welcome settling this in small claims court with affidavits from our realtor, neighbors, and our renters as I feel that his work has hurt the value of our home and I would seek restitution.