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LOMAX Custom Glass & Windows

Phone: (970) 646-8670 Fax: (970) 225-3869 View Additional Phone Numbers 5748 S College Ave Unit B, Fort Collins, CO 80525 View Additional Email Addresses http://www.lomaxcolorado.com

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Description

Window and door restoration, replacement and repair.

BBB Accreditation

A BBB Accredited Business since

BBB has determined that LOMAX Custom Glass & Windows meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised the rating for LOMAX Custom Glass & Windows include:

  • Length of time business has been operating.
  • Complaint volume filed with BBB for business of this size.
  • Response to 1 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

1 complaint closed with BBB in last 3 years | 1 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 0
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 1
Total Closed Complaints 1

Customer Reviews Summary Read customer reviews

1 Customer Review on LOMAX Custom Glass & Windows
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 0
Total Customer Reviews 1

Additional Information

top
BBB file opened: July 25, 2011 Business started: 01/01/2004 Business started locally: 01/01/2004
Type of Entity

Corporation

Business Management
Ms. Lori Maximemko, Co-owner Mr. Max Maximenko, Co-Owner
Contact Information
Principal: Ms. Lori Maximemko, Co-owner
Business Category

Windows Windows - Wood Windows - Vinyl Windows - Egress Window Repair Companies Historical Structure Preservation Door Repair Stores Window Installation Companies Doors Door Installers Windows & Doors - Installation & Service

Hours of Operation
M: 9:00 AM - 5:00 PM
T: 9:00 AM - 5:00 PM
W: 9:00 AM - 5:00 PM
Th: 9:00 AM - 5:00 PM
F: 9:00 AM - 5:00 PM
S: Closed
Su: Closed
H: Closed
Service Area
Northern Colorado and Wyoming
Alternate Business Names
LOMAX Window and Door, LLC
Products & Services

Millguard, Marvin, window repair, historical window restoration, glass replacement, glazing


Customer Review Rating plus BBB Rating Summary

LOMAX Custom Glass & Windows has received 0 out of 5 stars based on 0 Customer Reviews and a BBB Rating of A+.

BBB Customer Review Rating plus BBB Rating Overview

Additional Locations

  • 5748 S College Ave Unit B

    Fort Collins, CO 80525 (888) 518-1776 (970) 646-8670

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Additional Phone Numbers

  • (888) 518-1776(Phone)
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Additional Email Addresses

  • - Communication/Mass Email
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Complaint Detail(s)

5/1/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We hired Lo*** to restore the wood windows that are original to our 1911 home. We met with ***** (salesmen) and *** in Oct. for a bid and signed a contract at that time. The project was to be completed by late Dec.-early Jan. Unfortunately, they cancelled the original pick-up date for our windows and the project did not start until late Nov. In mid-Jan., Lo*** asked for a partial payment. We asked for pictures and a description of the work completed and we would send a check in the mail. We live in Denver and expressed concern about the pay-as-you-go payment plan since we would not be able to assess the work in person. ***** and *** assured us they would send as many pictures as we needed and ***** said he would drive the windows to Denver if needed. One-week later we received an email stating our contract was cancelled and demanding payment for one third of the project total before releasing our windows back to us. We have sent numerous emails trying to resolve this situation stating we are willing to pay for the work done and are only requesting the pictures and description of work as promised. Lo*** has been unreasonable in resolving this situation and stated they would only continue working on our windows if we pay 80% of the total payment. We felt this was uncustomary and are not comfortable paying that much upfront given the circumstances. Lo*** also informed us that one of our windows "fell apart" and they did not "keep" any of our original glass. In Oct. we told ***** and *** how important the original glass was to us since it is valuable and many historic home owners want the original glass. The cost of rebuilding the window and replacing the glass is greater than the payment they are requesting. We feel it was extremely unfair to abruptly cancel the contract but at this point we just want our windows back. Lo*** is refusing to release our windows until we pay them. We have now been without windows in our home for 4 months.

Desired Settlement: We would like for the windows removed from our home to be returned to us, intact with all the original glass, as soon as possible. We fully intend to pay for work that has been done to them once they are returned to us and we can ensure all parts/pieces are accounted for. We cannot go on without windows, they are our property and should not be kept from us. The value of damages, including rebuilding the window and replacing the glass and any missing pieces will be deducted from the payment.

Business Response: Customer’s Statement of the Problem:
We hired Lo*** to restore the wood windows that are original to our 1911 home. We met with ***** (salesmen) and*** in Oct. for a bid and signed a contract at that time. The project was to be completed by late Dec.-early Jan. Unfortunately, they cancelled the original pick-up date for our windows and the project did not start until late Nov.  

LO*** Response: LO*** did not cancel the original pick up date.  We were forced to reschedule due to weather. Then, we had to work around the customer’s schedule. The initial sash removal date was on a Friday but unfortunately the customer called and wanted to reschedule for the following Wednesday.  We scheduled for a Wednesday but the customer called again and said that Wednesday was a “no go.”  So we rescheduled two more times, at the customer’s request, delaying the initial start date of the job even further. 

In mid-Jan., Lo*** asked for a partial payment. 

LO*** Response: Our contract stated we would collect 30% after the windows were stripped and ready for the next step in the restoration process.  LO*** sent many pictures, as promised.  The customer exhibited resistance in sending payment because they didn’t feel we had done enough work for them to send the 30% payment.  At this juncture we spoke with the customer, at length, about the progress on their sash, screens and the paint color.  He was invited to come to our facility at any time, including after hours or on a weekend.  The customer promised to send a check for 30%, pick his paint color, order the paint and have it shipped to us.  After several more very lengthy phone calls and going back and forth on the paint supplier’s website with the customer on the phone, he still hadn’t picked a paint color or sent a progress payment. Approximately another two weeks passed and we still had not received the paint or the payment, we just continued to receive more lengthy phone calls and promises to pay over the phone.

We asked for pictures and a description of the work completed and we would send a check in the mail. 

LO*** Response: LO*** sent the pictures and description as promised, but the customer did not send a payment.

We live in Denver and expressed concern about the pay-as-you-go payment plan since we would not be able to assess the work in person. ***** and *** assured us they would send as many pictures as we needed and ***** said he would drive the windows to Denver if needed

LO*** Response: We made good on our promise to send many pictures but never promised to ferry sash back and forth from Fort Collins to Denver for a simple visual approval. We use this practice with other customers and photographs have always proven to be sufficient. If not, LO*** has and will schedule appointments so customers can visit our facility and check progress. They are also free to stop in anytime without notice to view progress on their windows.  This customer has never scheduled a single appointment and has made no effort to come in to review the work on their project. 

One-week later we received an email stating our contract was cancelled and demanding payment for one third of the project total before releasing our windows back to us.  

LO*** Response: After many lengthy phone calls and emails over the course of at least two weeks, and the continued resistance on behalf of the customer to send payment on the work LO*** had completed, LO*** determined that it was no longer in our best interest to continue with the project until payment was made or new payment terms could be arranged.  The customer was not interested in new payment terms. 

We have sent numerous emails trying to resolve this situation stating we are willing to pay for the work done and are only requesting the pictures and description of work as promised.  

LO*** Response: It appears that the customer is attempting to state that pictures were never sent; however, detailed pictures were sent to the customer more than once along with the completed work description and payment request.  I will add that there were several promises made by the customer to make payment and no payment has been received. 

Lo*** has been unreasonable in resolving this situation and stated they would only continue working on our windows if we pay 80% of the total payment.  

LO*** Response: LO*** has been very reasonable in attempting to resolve this issue with the customer and has bent over backwards in attempting to resolve this in a fair and reasonable manner, only to receive many lengthy emails, exasperating phone calls and false promises to pay.  For good reason, LO*** has completely lost faith in this customer.  LO*** was more than willing to release the sash in question with only payment for the work we have completed. At this point, however, LO*** believed that no matter what we did, this customer would not pay. As a safeguard, LO*** offered to continue with and complete the job but to alter the contract so that 80% payment would be made before we arrived at the jobsite for final installation.

We felt this was uncustomary and are not comfortable paying that much upfront given the circumstances.  

LO*** Response: LO*** agrees that this request is uncustomary, but the behavior of this customer is uncustomary and has caused LO*** to lose faith in their promise to pay. We have already lost a significant amount of money and time and have decided to use wisdom in this situation in order to not lose any more money. Requesting 80% at least covers the parts, material and labor costs. Keep in mind, that we have invested a significant amount of man hours in this project already and have yet to receive any form of payment.

Lo*** also informed us that one of our windows "fell apart" and they did not "keep" any of our original glass.  

LO*** Response: This is true.  These windows are made of wood and are about 100 years old.  They have been repaired, rotted, painted, stripped, stained, painted, stripped, repaired and painted again and again over the past 100 YEARS. All of the past repairs and rotten wood is often hidden under many coats of paint and putty and during the restoration process these old repairs are revealed and sometimes, as is the case with this particular sash, the sash parts are completely rotten and just held together by the putty and top coats of paint.  We did offer to repair this sash with vintage parts at a reasonable extra cost.

 As far as keeping the original glass, the customer opted to have insulated glass units with hard coat low-e glass installed instead of keeping the original glass so LO*** did not salvage the original glass.  At the time he opted for insulated replacement units he was informed that the old glass would NOT be saved.  At his direction we proceeded with altering the sash to accept insulated glass units installed with wood stops. 

In Oct. we told ***** and *** how important the original glass was to us since it is valuable and many historic home owners want the original glass. The cost of rebuilding the window and replacing the glass is greater than the payment they are requesting. We feel it was extremely unfair to abruptly cancel the contract but at this point we just want our windows back.  

LO*** Response: This contract certainly was NOT cancelled abruptly and there were many lengthy, (and I stress LENGTHY) phone calls and emails exchanged long before LO*** even considered cancelling this job.  Furthermore, the cost of rebuilding the sash is definitely not more than the payment LO*** requests and this customer knew up front that when he changed his mind and decided to go with insulated glass units that the old glass would not be salvaged.

Lo*** is refusing to release our windows until we pay them. 

LO*** Response: That is correct.  The people that performed the work on this project don’t work for free and they are highly skilled craftsmen with years of experience and education.  This customer apparently thinks that they can order work done and then change their mind when it comes time to pay for that work and then demand the return of the restored items without compensating the people who did the work.  LO*** has simply requested payment for the work performed.  Not a single penny has been sent to LO*** through this entire process, even though this customer has made a contractual promise, and several verbal promises to pay.  We have performed and done exactly what we promised to do.  LO*** has many man hours invested in this project and this investment has been 100% on our shoulders.  We still have the sash.  We will not release them until we are paid for our work and we will repair the rotted sash for a reasonable price.

 We have now been without windows in our home for 4 months.  

LO*** Response: This is not true.  When we removed the sash we made sure that storm windows were installed.  So, even though the customer is trying to make it sound like they’ve been living in this house for four months without windows, that is simply not the case.  This job would have went to the letter of the contract if the customer had lived up to his end of the bargain.  All LO*** is requesting is to be paid for services rendered. It’s that simple. 

In conclusion, the bulk of this restoration project has been completed.  All of the extremely difficult tasks have been performed.  So, in reality.  Upwards of 70% of this project is actually completed. All that is left on this project are the relatively simple tasks of installing the insulated glass units and painting. It is our belief that this customer recognizes this and has attempted to get all the hard work done that requires great skill and expertise at LO***’s expense.

LO*** has a string of email communications between our company and the customer which will back up our claims and serve as evidence that much of what the customer is claiming is misrepresented and untrue. 

 

Consumer Response: Customer’s Statement of the Problem:
We hired Lo*** to restore the wood windows that are original to our 1911 home. We met with ***** (salesmen) and *** in Oct. for a bid and signed a contract at that time. The project was to be completed by late Dec.-early Jan. Unfortunately, they cancelled the original pick-up date for our windows and the project did not start until late Nov.  

LO*** Response: LO*** did not cancel the original pick up date.  We were forced to reschedule due to weather. Then, we had to work around the customer’s schedule. The initial sash removal date was on a Friday but unfortunately the customer called and wanted to reschedule for the following Wednesday.  We scheduled for a Wednesday but the customer called again and said that Wednesday was a “no go.”  So we rescheduled two more times, at the customer’s request, delaying the initial start date of the job even further. 

****** Response: 
10/31/13 - We met with *** and ***** at our home in Denver at which time we agreed to have our window project done by LO*** who said they would be in touch but plan on having them pick up our windows and getting started the week of 11/4. Per the contract, the agreed upon price for the entirety of the work was $4800. 
 
11/8/13 - We received a voicemail that LO*** would like to pick up the windows the following Friday 11/15. 

11/11/13 - I left a voicemail with LO*** that 11/15 was difficult for us due to work schedules, and notified them that we would only be able to meet very early in the morning or after 4:30PM.

11/12/13 - I made a follow-up phone call and discussed with **** from LO*** a date that would work best. She said *** was out of town and they would get back to us after he returned from his trip.   

11/18/13 - I spoke with *** on the phone at which time we planned to have two people come pick up our windows on Thursday 11/21.

11/21/13 - After not hearing from LO***, I spoke with *** on the phone who apologized that his company had "misscheduled" and were planning to come pick up the windows the following day. I told *** that we had no way of meeting on the following day due to work schedules. Therefore we set a time for the following Monday, 11/25, three weeks after our contract being signed. LO*** removed the windows from our home on 11/25/14.

There was never a meeting scheduled for a Wednesday, and no phone call was ever made that this was a “no go” as LO*** has falsely stated. There was not multiple rescheduling problems and cancellations on our behalf. There was only attempts to confirm a date that worked for both parties, the first of which was accidentally mis-scheduled by LO***. 



In mid-Jan., Lo*** asked for a partial payment. 

LO*** Response: Our contract stated we would collect 30% after the windows were stripped and ready for the next step in the restoration process.  LO*** sent many pictures, as promised.  The customer exhibited resistance in sending payment because they didn’t feel we had done enough work for them to send the 30% payment.  At this juncture we spoke with the customer, at length, about the progress on their sash, screens and the paint color.  He was invited to come to our facility at any time, including after hours or on a weekend.  The customer promised to send a check for 30%, pick his paint color, order the paint and have it shipped to us.  After several more very lengthy phone calls and going back and forth on the paint supplier’s website with the customer on the phone, he still hadn’t picked a paint color or sent a progress payment. Approximately another two weeks passed and we still had not received the paint or the payment, we just continued to receive more lengthy phone calls and promises to pay over the phone.

****** Response: The contract does state that 30% payment was due at the time the windows were stripped. In reference to the pictures sent to us, we did receive some photos from LO***, all of which were taken with a mobile device and delivered via text message. *** sent the first two photos on 1/3/14, and ***** sent the remaining 11 photos on on 1/6/14. These photos for the most part were of poor quality and blurry; however, it was still very evident in all the photos that there was still white paint on multiple areas of the sashes. Therefore, since there was noticeable paint on the windows, we emailed *** on 1/3/14 in reference to the work that had been performed and that we noticed there was still stripping to be done. *** replied on this same day saying that the paint remaining on the window sashes was yet to be sanded and would be covered by paint and primer, acknowledging that there was still paint on the window sashes that needed to be removed. He also asked for us to submit our 30% payment at that time. On 1/6/14 we emailed *** back asking for some clearer pictures of the interior areas of the window sashes that would be stained, so we could assess if the paint had been removed to a stainable quality as agreed upon initially. This email also asked for a description of what work had been done up to this point as it appeared to us that they had merely removed the glass and had incompletely removed paint from the windows. We simply wanted to know the progress of the job prior to submitting payment. This clarification was never provided to us. On 1/7/14, ***** and I spoke on the telephone about the situation. His purpose from the beginning of the conversation was clearly to strong-arm us to submit payment rather than attempting to provide the clarification we had asked for. This phone call was the last communication on the telephone that has occurred to date. Later in the evening on 1/7/14, we responded to ***** and *** via email further describing our intentions merely to get clarification and we were absolutely planning to pay. We said we appreciated the work that had been done and were prepared to send a check immediately for a lesser amount, but we would like to see the paint removed completely before paying the requested amount as this was what our contract stated. The next communication that occurred was on 1/15/14 when *** emailed us justifying his reasoning and cancelling our contract effective immediately. 

In reference to the paint color, we initially asked for paint samples from LO*** on 11/25/13, the day that they were to pick up the windows. We were told they did not have samples but we would need to contact a company in New York to retrieve samples. After contacting the company in New York, they were able to send samples to us. No “lengthy” phone calls occurred between anyone from LO*** and myself, with my longest phone call with *** during this entire process was 10 minutes on 1/3/14. Overall, the process of getting paint samples was another reason there was a delay in choosing a color. We had expected that a full service company would be able to provide some sort of color choice for the paint they would be using on the project. There was never a back and forth phone discussion on the paint suppliers website. 

Overall, LO*** has described our communication very poorly. There were not an excessive amount of lengthy phone conversations in regards to our job progress and/or paint selection. After reviewing all phone records, the total amount of time spent on the phone with *** was 38 minutes and the total amount of time on the phone with ***** was 32 minutes. These phone calls occurred between the dates of 11/25/14 and 1/7/14. Of note, over 50% of the time spent on these phone calls occurred between the dates of 11/21-11/26, which was prior to and around the date that our windows were initially removed by LO***. Based on this information, it is very evident that LO*** is exaggerating the phone call descriptions in the above statement. Please see the phone records for all phone calls that have taken place between myself and *** since the project began, the longest of which was 15 minutes on the day they picked up our sashes.

********** ******* ************ ** ******** ** **** * **** ********** ******* ************ ********* ** **** ** **** ********** ******* ************ ** ******** ** **** * **** ********** ******* ************ ** ******** ** **** * **** ********** ******* ************ ** ******** ** **** * **** ********** ******* ************ ********* ** **** ** **** ********** ******* ************ ** ******** ** **** * ****
We asked for pictures and a description of the work completed and we would send a check in the mail. 

LO*** Response: LO***  sent the pictures and description as promised, but the customer did not send a payment. 
****** Response: Please reference the previous response for our opinion on the quality and timeliness of the photographs that were supplied. Only 2 photos were supplied up until 1/3/14, at which time it was noticeable that there was still paint to be removed from the window sashes. 

We live in Denver and expressed concern about the pay-as-you-go payment plan since we would not be able to assess the work in person. ***** and *** assured us they would send as many pictures as we needed and ***** said he would drive the windows to Denver if needed

LO*** Response: We made good on our promise to send many pictures but never promised to ferry sash back and forth from Fort Collins to Denver for a simple visual approval. We use this practice with other customers and photographs have always proven to be sufficient. If not, LO***  has and will schedule appointments so customers can visit our facility and check progress. They are also free to stop in anytime without notice to view progress on their windows.  This customer has never scheduled a single appointment and has made no effort to come in to review the work on their project. 

****** Response: The photos were taken using a cellular phone camera and delivered via text message. Given our distance from the shop and busy work schedules, it was very difficult for us to determine a time to visit the shop to review the process. We were relying heavily on adequate pictures and this was not delivered. On 10/31/13, we made this concern very clear and at that time ***** did state that if necessary he would bring the window sashes to us for review when the first portion of work was complete and payment was due.

One-week later we received an email stating our contract was cancelled and demanding payment for one third of the project total before releasing our windows back to us.  

LO***  Response: After many lengthy phone calls and emails over the course of at least two weeks, and the continued resistance on behalf of the customer to send payment on the work LO***  had completed, LO***  determined that it was no longer in our best interest to continue with the project until payment was made or new payment terms could be arranged.  The customer was not interested in new payment terms. 

****** Response: Again, this communication is misrepresented. I would encourage LO***  to review phone and email records for accurate information. I spoke with *** for a total of 12 minutes on 1/3/14 and ***** for a total of 21 minutes on 1/7/14. Aside from the email cancelling our contract on 1/15/14, the only other email before this received from *** was on 1/3/14 when he agreed that paint still was present on the sashes and also requested 30% payment. No email communication from ***** occurred over the span of this entire process. However, we wrote emails to *** on 1/6 and 1/7 explaining our reasoning and again ensuring that we were planning to pay LO***  after having a few things clarified. 

On 1/13/14 I text messaged *** for follow-up since we had not heard anything back for a week. I asked to clarify what was going on with our project and provided a time to talk over the phone or said that email was ok as well. *** responded to this text message that he was out of town and that he would return the following day and review the project with his painter. 

On 1/15/14 we received the email that they were cancelling our contract. 

On 1/16/14 we responded via email apologizing if we had given the wrong impression as well as reiterating our intentions and attempting to come to an amount due that we could agree upon to continue the job as planned. 

On 1/21/14 I again reached out to *** via text message since we had not heard back from them. I asked again to set up a time to discuss the project and again attempted to communicate our intent to work out a resolution to get the project moving forward. He replied that his company had a meeting tomorrow and our job was on the agenda. He said he would contact me on 1/22/14 after our job was discussed. 

On 1/24/14 I texted *** since we did not receive any email or phone call as promised. He said he was going to send a detailed email later and that his computer went “on the fritz” and he was working on getting a new one set up. I responded to the text asking when we could plan to hear back and did not get any further replies.

On 1/27/14 we received an email from **** ********* (forwarding a response by ***) providing conditions they would require to complete our job. The new payment proposal was for us to pay them $3900 (81% of total contract amount) for them to consider continuing the project. They gave us the other option of coming to pick up our intact and broken sashes if we paid them $1260.

To the best of our knowledge and records, this is the extent of the “many lengthy phone calls and emails” that LO*** is referring to. We had been the individuals who repeatedly were in contact with LO*** to try and resolve the project. During this time, the communication was very poor from LO***. All communications are available simply by reviewing emails and phone records, and these accounts do not fall in line whatsoever with the above statement from LO***.

We have sent numerous emails trying to resolve this situation stating we are willing to pay for the work done and are only requesting the pictures and description of work as promised.  

LOMax  Response: It appears that the customer is attempting to state that pictures were never sent; however, detailed pictures were sent to the customer more than once along with the completed work description and payment request.  I will add that there were several promises made by the customer to make payment and no payment has been received. 

****** Response: We acknowledge that 11 pictures have been sent to us that were taken with a cell phone. Our request was for improved clarity of the photos along with having a discussion about the steps complete and those that were yet to be performed with our restoration project. 

LOMax  has been unreasonable in resolving this situation and stated they would only continue working on our windows if we pay 80% of the total payment.  

LOMax  Response: LOMax  has been very reasonable in attempting to resolve this issue with the customer and has bent over backwards in attempting to resolve this in a fair and reasonable manner, only to receive many lengthy emails, exasperating phone calls and false promises to pay.  For good reason, LO*** has completely lost faith in this customer.  LO*** was more than willing to release the sash in question with only payment for the work we have completed. At this point, however, LO*** believed that no matter what we did, this customer would not pay. As a safeguard, LO*** offered to continue with and complete the job but to alter the contract so that 80% payment would be made before we arrived at the jobsite for final installation.

****** Response: Please see above response(s) referencing all the communication that has taken place around the time our project began to go off course. Bending over backwards, lengthy emails and exasperating phone calls are all exaggerations of what has truly gone on in this exchange. LO*** claims they have good reason to have lost faith in us, a statement that we do not understand given our intentions in this matter. Asking for 80% payment without any further clarification of the work or any more detailed photos was not something that we agreed with. 

We felt this was uncustomary and are not comfortable paying that much upfront given the circumstances.  

LOMax Response: LOMax  agrees that this request is uncustomary, but the behavior of this customer is uncustomary and has caused LOMax  to lose faith in their promise to pay. We have already lost a significant amount of money and time and have decided to use wisdom in this situation in order to not lose any more money. Requesting 80% at least covers the parts, material and labor costs. Keep in mind, that we have invested a significant amount of man hours in this project already and have yet to receive any form of payment.

****** Response: Again we do not understand the loss of faith in our intent to pay LOMax  for the entirety of this job. In our opinion, no communication occurred that should have given this impression. While we are not arguing against the fact that some work has been done on our project, we cannot help that LOMax  provided us a bid of $4800 to perform the job and were not able to live up to this agreement. We even agreed to an additional $300 per window from a previous LOMax  bid from July of 2013 in order to have the paint stripped from our windows as we know how this work can be time consuming and tedious. In our opinion, this contract was driven almost entirely by sales rather than feasibility of being able to complete the project for this amount. 

LOMax  also informed us that one of our windows "fell apart" and they did not "keep" any of our original glass.  

LOMax  Response: This is true.  These windows are made of wood and are about 100 years old.  They have been repaired, rotted, painted, stripped, stained, painted, stripped, repaired and painted again and again over the past 100 YEARS. All of the past repairs and rotten wood is often hidden under many coats of paint and putty and during the restoration process these old repairs are revealed and sometimes, as is the case with this particular sash, the sash parts are completely rotten and just held together by the putty and top coats of paint.  We did offer to repair this sash with vintage parts at a reasonable extra cost.

****** Response: We entrusted that LOMax  specialized in vintage window restoration and would be able to handle this type of project. No one knows the true history of these windows, but what is clear is that 3 of the 4 windows were worked on without any problems staying intact. Either way, we expected LOMax  to be able to handle the unforeseen instances that may occur given this is their specialty. We also expected that they would be able to do so while staying within the confines of our contracted price.

 As far as keeping the original glass, the customer opted to have insulated glass units with hard coat low-e glass installed instead of keeping the original glass so LOMax  did not salvage the original glass.  At the time he opted for insulated replacement units he was informed that the old glass would NOT be saved.  At his direction we proceeded with altering the sash to accept insulated glass units installed with wood stops. 

****** Response: It is true that we had opted to have insulated glass placed in our windows for improved efficiency, a choice that was encouraged by ***. There was NEVER any time when we were notified that the glass would not be saved. There was no discussion either way regarding their intentions with the vintage glass that was in the windows when they were removed from our home. What it comes down to is that the glass that was removed from these windows is worth $25/sf and will cost that to replace.  This amount equates to approximately $1200 worth of vintage glass that is now unavailable according to LOMax . Given their work in the glass industry, it should be expected that LOMax  would know the worth of this glass and would not simply throw it away. 

In Oct. we told ***** and *** how important the original glass was to us since it is valuable and many historic home owners want the original glass. The cost of rebuilding the window and replacing the glass is greater than the payment they are requesting. We feel it was extremely unfair to abruptly cancel the contract but at this point we just want our windows back.  

LOMax  Response: This contract certainly was NOT cancelled abruptly and there were many lengthy, (and I stress LENGTHY) phone calls and emails exchanged long before LOMax  even considered cancelling this job.  Furthermore, the cost of rebuilding the sash is definitely not more than the payment LOMax  requests and this customer knew up front that when he changed his mind and decided to go with insulated glass units that the old glass would not be salvaged.

****** Response: Again I would advise LOMax  to review phone and email records, as this statement is far from accurate. The cost of replacement glass ($1200) as well as having another individual repair the sash ($500 per their bid) is more than the amount LOMax  is asking us to pay simply to get our windows back from them. Again there was no discussion pertaining to the fate of the vintage glass in our original windows. We were definitely not expecting to have this contract cancelled by LO*** and were very surprised by their decision.  

LOMax  is refusing to release our windows until we pay them. 

LOMax  Response: That is correct.  The people that performed the work on this project don’t work for free and they are highly skilled craftsmen with years of experience and education.  This customer apparently thinks that they can order work done and then change their mind when it comes time to pay for that work and then demand the return of the restored items without compensating the people who did the work.  LOMax  has simply requested payment for the work performed.  Not a single penny has been sent to LOMax  through this entire process, even though this customer has made a contractual promise, and several verbal promises to pay.  We have performed and done exactly what we promised to do.  LOMax  has many man hours invested in this project and this investment has been 100% on our shoulders.  We still have the sash.  We will not release them until we are paid for our work and we will repair the rotted sash for a reasonable price.

****** Response: We resent the fact that LOMax perceives us as thieves or scam artists. On multiple accounts we said we were going to pay for our project. We understand LOMax is requesting payment for the work that has been done, and we are more than happy to provide some payment. However, we are also taking into account the cost that we will have to replace the glass from these windows. We are also skeptical as to how LOMax says they did not salvage thousands of dollars of glass. In our opinion, without the return of our glass,LOMax has gained a significant amount of money from us through the retention of our glass. 

In regards to them keeping our sash, this is actually against the law. We have asked to set up a time to pick up our window sashes and plan to do so in the near future. LOMax has failed to provide any dates or times that we can come get our property.  

 We have now been without windows in our home for 4 months.  

LOMax  Response: This is not true.  When we removed the sash we made sure that storm windows were installed.  So, even though the customer is trying to make it sound like they’ve been living in this house for four months without windows, that is simply not the case.  This job would have went to the letter of the contract if the customer had lived up to his end of the bargain.  All LOMax is requesting is to be paid for services rendered. It’s that simple. 

****** Response: Yes we have not had open holes in place of the windows that were removed, but we are saying that we have now been without our window sashes for 4 months and it is inhibiting our ability to complete this project. In addition, the storm windows do not provide any protection from cold and there were multiple instances this winter when frost was actually on the inside of them. We feel that we have lived up to every end of the agreement at this point, but LO*** has failed to provide us with customer service. 

In conclusion, the bulk of this restoration project has been completed.  All of the extremely difficult tasks have been performed.  So, in reality.  Upwards of 70% of this project is actually completed. All that is left on this project are the relatively simple tasks of installing the insulated glass units and painting. It is our belief that this customer recognizes this and has attempted to get all the hard work done that requires great skill and expertise at LOMax s expense.

****** Response: Given that we were never provided any information as to what has been done for this project and what was yet to be complete, we would have no way of knowing how much work has been done. For some reason LO*** sees us as crooks looking for free labor. This is a direct insult to us and is not appreciated whatsoever. We had no idea about how much of the project was done because it was never communicated to us. Even after multiple attempts to find a time to have this discussion.  

LOMax has a string of email communications between our company and the customer which will back up our claims and serve as evidence that much of what the customer is claiming is misrepresented and untrue. 

****** Response: We have the same email communications, along with phone records, none of which support the majority of your claims within this text. That being said, my statements made in this response are backed by email and phone records that are readily available.

In conclusion, at this point we really just want to get our windows back so we can proceed in getting them put back into place. We will have to replace the vintage glass that LOMax is not returning, as well as have the sash rebuilt that is currently in pieces. We do not wish to have LOMax complete any additional work on this project. LOMax is still refusing to return our property unless we pay them $1260, which again is not lawful. We would like to bring this dispute to a resolution by picking up our windows, assessing the work and/or damages that have been done, and coming to a fair and just amount owed. We would like for LOMax to recognize the additional costs that we will incur due to their refusal to return our glass and cancelling the contract. 

 

Business Response: LOMax has responded and we stand firm in our statements. We are not going to waste time and energy going into another lengthy response. Instead, we will simply restate that the customer is attempting to get his work done for free and it's obvious by his long and exasperating statements that he will go to great lengths to do so. 

Paragraph 7 of the contract the customer signed with us states the following:

"Any and all disputes shall be resolved by binding arbitration through the American Arbitration Association located in Denver, Colorado and the arbitration shall be governed by the laws of the State of Colorado, with the prevailing party being awarded their costs and attorney fees from the opposing party."

The customer has two choices at this point: 1) Pay the $1,260 that is owed for services rendered, at which point his sash will be released, or 2) Contact the American Arbitration Association. 

We rest our case.