Complaints

• Initial Complaint

  05/12/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I attached all the correspondence relevant 2 the contract & my certified letter requesting termination of said contract mailed to Cousins on 05/03/23. I received a phone call from Judd (owner) on May 9th acknowledging receipt of my letter. Judd began by stating her would not permit termination of the contract. He continued by stating he was not in violation of the contract because he had an open-ended ability to extend the begin date of work to whatever date necessary. I told him he gave me only a verbal commitment of the begin date that it "could take up to one year". He remembered it differently, stating he said 1 1/2 years or longer due to weather delays. He knew the wooden planter containing a huge amount of dirt was degrading (falling apart) & why he would think anyone in their right mind would want 2 wait 1 1/2 years or more only he could know the answer to that. He then went on to say he would take an additional **% penalty from the $*** I already paid him, but the demeanor by which he said that felt more like a threat. When I told him I was pursuing another contract who guaranteed completing in 2-3 months, he then expanded his threat by saying then I will take even more money from you then than the **%. He mentioned getting with his lawyer who would pursue arbitration. He seemed like he wanted to argue with a nonnegotiable attitude so I felt continuing would be non-productive. On one hand he wants to allege he has so much work that my project had been delayed past a year, so why should he care if I terminate since he could just go onto another project. I contend he didn’t write any completion date in the written contract so he could make the very contentions he is now. I would suspect this is simply his way of doing business & I most probably am the first to experience this. I contend he didn't hold up to the contract of 1 yr therefore, he breached the contract as outlined in my letter to him. I believe he is exhibiting dishonest business practices.

  Business response

  05/22/2023

  On 4/12/2022, Wayne ******* entered into a contract to have concrete work completed ** **** ** ***** ***** ******* **.  At that time, he was told that we were 12-18 months out for work to be completed. 
  
  We received a certified letter dated May 3, 2023 requesting that the contract be cancelled due to it being over 12 months since the contract was signed.  When Judd called Mr. ******* to discuss options, Mr. ******* was stated that he already had a contractor in place to do the work and that he would not honor the contract that he signed in which it states that if he cancels the contract, he will pay **% of the remaining balance.  He was unwilling to discuss any options with regards to the contract and stated he already had a contractor lined up to complete the work which is a direct violation of the contract.  He then filed the complaint with your office before allowing our business to propose any possible solutions to this issue.

  As with many businesses since Covid, we have experienced delays in materials, delays in parts to repair and maintain equipment, and extreme labor shortages.  We are still within the time frame given Mr. *******.  We are sorry that he does not wish to continue to do business and wish him well.  An agreement has been reached and we request this complaint be removed.  

  Customer response

  05/22/2023

   I categorically disagree with the facts Cousins stated about expected time 12-18 months and his allegation that I was not willing to negotiate a settlement.  The only reason I asked him to refund my deposit was hoping he would negotiate.  When he called me after receipt my certified letter, he made no mention about compromise, rather he simply stated he would get with his lawyer who would pursue an additional **% penalty.  When I did mention I had contacted another company who said they could start & finish the job within 3 months, he got mad & said then I will get even more money from you. I was hoping he would be reasonable and offer a compromise which he did not.  I mostly listened during our conversation, he was angry from the start with me.  I DID NOT inform him that I had entered into a contract with another company at that time because I had not done so.  After his angry attitude, I concluded by saying you go do whatever you want.   At that point, I had decided I was not going to do business with a guy who threatened me no matter the consequences.  Earlier today I received an email offering to terminate the contract with me agreeing to forfeit my $*** deposit which I signed and sent back & have not received a return signed copy certifying they are in agreement.  I appreciate your help because I don't think it would have concluded so easily without it.  Have a peaceful day, Wayne.

  Business response

  05/23/2023

  I apologize if it appeared to the consumer in the manner that Mr. ******* stated.  I was in the room and was able to hear the entire conversation.  I am not wanting to continue to go back and forth.  He was emailed a copy of the cancellation shortly after I received it.  I again am sorry that Mr. ******* has chosen to cancel and wish him well.

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