Complaint Category: Work performed outside the terms of the contract or agreement
Complaint: New roof costs $1,172.00 over contract. Wasn't aware of overage until AFTER roof was completed. Lien placed prior to 90 days allowed to pay difference
On 10/30/12 My husband and I met with ************** a sales rep for Affordable Roofing Systems, Inc. and got an estimate. ****** number is ****) XXX-XXXX. We decided to do business with **** and Affordable Roofing. On 11/5/12, we met with **** to review/sign a roof replacement contract. I asked if I could get a cash discount because we were on a tight budget and had other repair expenses and had been saving for the roof repair. **** agreed to give us a 4% cash discount and an in-stock discount. **** told us it would be approx. 5 wks before work could begin and it would take approx. 2-3 days to complete. **** also advised that the job would probably go over $2XX-XXX depending on any problem areas they found. My husband asked if he could include any extra plywood and **** agreed to include up to 2 sheets of replacement plywood. I signed the Contract and Agreement and the Addendum to Contract on 11/5/12 for total roof replacement. The total cost with 4% cash discount and in-stock discount was $7,225.00. I gave **** a check for $2,500.00 which was 20% down; leaving a balance of $4,725.00. Work on the roof was to begin on Thursday, 12/13/12 (I took the day off to be there for the roofers even though I was told I didn't need to be there. I got a call from Affordable Roofing saying that they couldn't start until the next day. Work began on Friday 12/14/12. I spoke with ****** who said he was the foreman on the job, he called me at work to come out to the home to give them access to our garage which contained our only outside power outlet. I asked ****** if he stayed on the job with the roofers and he told me that he did "spot-checks" and that if I had any questions or issues that I should call him and that if he had any issues he would call me. My husband called me on Saturday to tell me that ****** told him the work would not be done until Sunday and asked if we wanted them to cover the vent portion of the roof until they returned the next day. My husband told them to cover whatever they needed to cover. The work continued and was finally completed on Sunday, 12/16/12. ****** came to our door and notified us that they were finished and he asked if they could leave their tools and "dump bin" in our driveway until they could retrieve it on the following day --Monday, 12/17/12. I told him to go ahead and that it should be o.k. I asked him how to handle the final payment and he told me that the office manager would call me to make an appointment with Mr ********* to do a final walk thru and make the final payment. On Monday, 12/17/12 I received a call from Affordable Roofing's office manager, ****** who called to set up an appt for the walk thru and he then advised me that my remaining balance was $5,897.00 vice the $4,725.00 that was due. I was shocked and asked how he arrived at that balance and he asked incredulously if I was aware of the $1,172.00 of additional lumber that was used on my roof!! I told him that I absolutely was not aware of it and that I had a problem with additional work being done at a significant increase of costs without my knowledge. He then coldly stated that his father was the owner and that he had the authority to tell me that they could put a lien on my house! I asked him to fax me the invoice so I could see the costs for myself and he did (Inv#269/dtd 12/17/12). We met with **** the next day and we paid the remaining contract balance of $4,725.00. **** advised that the owner probably wouldn't give us extra time to pay the balance but that he would go to bat for us. I wrote the company stating my dissatisfaction and asking for payment extension. The owner (****** ******)replied via letter stipulating that I pay $400 and remit the remaining balance to pay the acct in full NLT 3/19/13. I received a certified mail notice on 2/22/13 and picked up claim of lien on 2/24/13. My intentions were to pay the $1172 balance prior to the 3/19/13 date--why was a lien placed prior to the Pay In Full date?!
Business' Initial Response
We don't disagree with most of the customers lenghty story.
These are the facts ********** forgot to include!
We did not mention liening the home until the ******* stated they would not pay the additional amount owed for wood repairs.
Mr.***** had fallen thru the roof while doing repairs, prior to our contract, due to bad wood!
The ******* were aware of the wood problems that existed and Mr. ***** was at home during most of the roof replacement.
**** the salesperson did re-visit with the ******* concerning the additional charges. He explained they were aware of the problems prior to the roof replacement and the repairs had to be done to install the new roof. We provided the customer with many pictures showing the wood repaires.
An email from Ms. ***** dated 12-19-12 stated they did not have all the money to pay for the wood repairs, but did have $400.00 set aside knowing they had wood problems. Ms. ***** stated she was definitely satisfied with the quality of workmanship and the roof replacement.
Our office and **** consulted me (****) about the situation. We agreed to give the ******* 90 days to pay the remaining balance if the ******* sent in $400.00 that Ms. ***** stated in her email 02-19-13 they had on hand. The office faxed to a number provided by ********** on 12-20-12 @3:04 pm (We have confirmation in hand) a response to send in the $400.00 and we would allow the customer 90 days to pay the balance of $772.00(No Interest).
With no response, no $400.00 payment as agreed, ARS liened the home on 02-14-13. That gave the ******* 39 working days not counting holidays or weekends to make the $400.00 payment or repond?
ARs Inc. only has 90 days to lien a property protecting our interest after the last day working on the project by Florida State Law.
We have already given a discount for two sheets of plywood on the initial contract!
Please contact ARS for copies of Ms. ******* email, contract, wood work addendum, pictures etc.
The ******* had terms and did not take advantage as agreed. If balance is not paid in full by March 19th,2013 then ARS will move foward to enforce the lien through necessary legal means.
ARS was understanding and willing to work with the *******.
This complaint is addtional proof ( In **********'s on words). ********** has the audacity not to pay her bill!
Consumer's Final Response
I am not satisfied with the company's efforts and manner in which they have chosen to resolve this matter. I'm appalled at the unprofessional tone of the response from the business/owner towards someone, who at this point, is STILL their customer. There are a few facts that the business/owner mentioned in their reply that are not facts at all and I take personal offense to them. Mr ***** DID NOT fall through the roof! He did mention in a conversation with ****, a representative from ARS, Inc. that he "missed the ladder getting off the roof and fell"-- Mr ***** never repaired the roof; he "tarped" it until temporary repairs could be made. And I NEVER said I wouldn't pay the outstanding balance; I never agreed to the terms outlined in their letter stating how I was to pay the outstanding balance. Needless to say, because I do pay my debts, I have always intended to and will pay the remaining balance accordingly by the March 19, 2013 deadline. I request that this complaint remain open until my final payment is posted; all lien actions have ceased (and I'm provided with copies of such action); and I am in receipt of the Florida Wind Mitigation Inspection Report, Warranties and photos --which were annotated in my contract and agreement.
Business' Final Response
We received a check from the ******* for payment in full of $1172.00 on 03-15-13. Thank you for mitigating the problem. We will release lien on home when funds clear bank.
Complaint Resolution: Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.