I gave Mr ***** a check for $6,000 September 18, 2014 as a deposit to build me a 2 car garage with floor, windows, 2 mechanical doors, and roof. I found out later from the KU company that I could not build my building in the location that I wanted it because it would be under some wires leading to my home. I have not other place that I want to put it. So I asked Mr. ***** to change it to a carport off the back of my home. He said he could not do that because he must leave it several feet from my home. I have to have it attached because in the winters, cold rain and snow pile up to my back door and the back door needs protection from the elements. Mr. ***** refuses to return my deposit of $6,000. He says he will charge me $18,000 to build the carport with no doors, no windows, no floor, just post frame and roof. That is the same price he was going to charge me for a completed 2 car garage with 2 mechanical doors, windows, floor, and finished. This is not right. I want someone else to do it now because I have lost all confidence in this guy. They took down a carport for me and tore it up. It cannot be used and he wants to charge me $2,800 for ripping the tin and making it unusable! I need help getting my money returned from this horrible company that wants to rip me off!
Product_Or_Service: 2 car garage
Hobgood cannot build what I want; a carport with tin roof attached on the back of my house with big white columns holding up just the top, no walls, no windows, no floor. I want my money returned that he cashed my check of $6,000 on September 18, 2014 and will not return it to me!
I am the business owner and I have personally been to this customer's site twice. My Field Supervisor has been to her site four times. She changed her mind about the location of her building several times, and put us on hold about construction of her building while she decided. She signed a Contract with us on 9/17/14 for a 24' x 32' x 9' ceiling height post frame building for a cost of $18,600.00. She put $6,000.00 as the down payment. As part of her Contract, she wanted us to take down her existing carport ASAP, which our crew went and did on 9/24/14. It was not part of her Contract that the existing metal be "saved". She only told our crew that when they arrived. They did the best they could to do so, but the roof metal was so long and the carport was so tall, a couple piece of the metal got crimped when the crew removed it. We could have provided a sheets of replacement metal at a cost of $48.00 had she contacted me about it at that time.
She then contacted us on 3/4/15 and said she couldn't put the building where she had decided to because of utility lines, and to put the job on hold. I believe it was several months when she called again and said she wanted a price on a Carport to be attached to her home. She was told the price for that would essentially be the same as for the building she had contracted for due to the fact that attaching to a residential building required us to meet certain codes such as having footers and needing to put up a firewall, etc. We told her if she didn't attach it to her house that it would need to be 10 feet from the house to meet code, which she vehemently did not want...she wanted it attached or right next to the house. I told her that due to codes, we could not do that.
The customer then decided she wanted her money back because we could not build it where she wanted. I told her that we had time and costs invested in the job, including trips to her site in Dixon, KY from Evansville, IN 7 times, as well as labor costs for a 3-man crew (one of which was my Field Supervisor) working a full day to tear-down her existing carport.
Our Sales Contract that the customer signed on 9/17/14 clearly states that "Should the Buyer refuse delivery of materials covered by this Contract, or should the Buyer cancel this Contract or refuse performance before completion thereof, and before 50% of said Contract shall have been completed by the Contractor, then and in such event the Buyer agrees to pay to the Contractor a sum equal to 50% of the Contract price as and for liquidated damages." A copy of the Contract is attached hereto. Considering that, I feel that my offer of refunding $3,200.00 of her $6,000.00 down payment was fair and just.
This customer has hired an attorney, and I have been in contact with him. After I sent him all this information and copies of documents, I have not heard back from him. He stated that his client had not given him ALL the information about this matter, so he would review everything. We therefore categorically dispute this customer's claim for return of her entire down payment.