****** *****, the owner, took a $1,000 deposit for a paint job in my home. He then failed to perform the service and has not refunded the deposit.
On April 11, 2013 I met with *** ***** for an estimate for painting the interior of my home. My friend, ****** ******** was also present. ***'s estimate for the job was $3,100. I signed a proposal form/contract and gave him a deposit of $1,000.00. No date was set to begin the work. *** agreed to allow time for me to select the colors.
There were periodic conversations with *** and/or his assistant, ****** (last name not known), to touch base as to when we'd be ready to begin. In late May, we agreed by phone conversation with ****** that the work would begin on Monday, June 10th.
On Wednesday, June 5, Ms. ******* spoke with ****** and said she would email the list of paint colors and finish choices. ****** said that would be okay and that they were on track to begin the job on Monday, June 10th.
On Sunday, June 9th at approximately 4:30 p.m., Ms. ******* called ****** to confirm the arrival time of the crew on Monday morning, June 10th (the agreed-to date for work to begin.) She left a message. She missed ******'s return call but he left a message in which he said "I know you are not going to be happy but we are going to have to bump your job for tomorrow because we have a powerwash job for a large commercial client that has to start tomorrow and it's worth a lot of money to us." In the voicemail ****** also said they had no idea how long that job would take or when they'd be able to get to my job.
Needless to say I was quite annoyed and disappointed to find out at 5:00 p.m. Sunday the day before the work was to begin that *** was not going to have a crew at my house, especially considering all the prep work that went into preparing the house. I told ****** we wanted to speak directly with ***.
Later that evening *** called. He seemed genuinely sorry, and said again he did want the job. We agreed he would call us around 9:00 p.m. Monday evening.
We received a call from *** shortly after 9:00 p.m. Monday evening. He said he was driving in a hard rain and wanted to call back when he got home; that would be in about half an hour. But we did not receive a second call that evening.
On Tuesday morning, June 11, Ms. ******* began calling ***, with no success.
On Weds, June 12, Ms. ******* again placed several calls to ***'s cell phone. He did call her later in the morning. They talked and *** was apologetic about the situation. He said again he wanted the job. She asked if he would paint some additional areas as compensation for the inconvenience of his crew not showing up for the job. *** said that was probably something he could do. Ms. ******* and *** agreed the dry wall guy would begin Mon, June 17th and the painters would begin Weds, June 19th. With my approval Ms. ******* put this in an email to *** and he confirmed in writing.
On Monday, June 17th, Ms. ******* and I were at my home at 9:00 a.m. to meet the "dry wall guy." I had to travel to a work site so Ms. ******* remained at my home. She began calling *** around 9:30 a.m. She placed about seven calls; all went unanswered. She also called ****** and he did not answer. At approximately 11:30 a.m. she checked her email and found an email from *** stating "he now has problems with his dry wall guy and has no choice but to decline the job and refund the deposit." He further stated the check should be received within 7-10 business days. Ms. ******* replied to ***'s email stating rather than wait for the check to be mailed she would like to pick it up, either at his business or home. And, if possible, cash was preferred. *** replied saying "You may not come to pick up the check. You will have to wait 'til I can process things. You will have it within 7-10 business days."
The 10th business day was Friday, June 28.
On Wednesday, June 19th, I acquired the services of another painter. As of today, July 4, 2013, a check for the refund of the deposit of $1,000.00 has not been received; nor has there been any communication from Mr. ****** *****.
Refund of $1000 deposit.
Business' Initial Response
Mr **** has been given his deposit back