Dear Mr Fleming,

Your email dated September 25, 2007
“Are you saying you do not want us to finish with the purchased materials? Do you want us to remove ourselves from the phase b section of the bathrooms and find another contractor? Or are you saying you want us to proceed and agree to the said amount?

We want to work with you but by saying you were "under the impression and what the contract says is irrevelavant" makes things difficult. This becomes a he said she said, chicken and egg scenario.

If you feel this is impassable, we are fine with removing our product from your home and refunding your deposit as well. Please offer any reasonable solution you have and we will try to accomodate.”

Response:

We accept your offer of “removing our product from your home and refunding your deposit”. You may arrange to have someone remove the cabinets, cabinet tops, cabinet fixtures, wall cabinet, window molding, both showers, walls, pans, and fixtures. Prior to anyone removing these items we would want a certified check for the amount of the deposit. In addition, the removal of these items is to be done in a manner so as to not further damage any walls, floors, furniture, etc.

While we accept your offer of “removing our product from your home and refunding your deposit”, we don't see how it benefits you. Most of the items cannot be reused by you nor can they returned by you because they are used (in some cases they have holes drilled into them). Including lost man hours for installation and now the removal.

While we accept your offer, we would consider a counter-offer along these lines: both parties declare the job finished as of now, your crew never comes out here again, we will contract to finish the work, no warranties required from you, and there are no further payments from us. Considering the projected loss for material and more labor, this scenario affords you substantial revenue from the down payment which you would retain.

Referring to your second paragraph above, you again misquote. Our statement was”

What you claim at this time what the contract “would say” is irrelevant; it's what the contract “does say”. YOU are making the claim the wording of the contract is irrelevant, not us. “Under the impression” comes from conversations with at least three different representatives from your company (including you), and a signed contract that specifies things you are now claiming to be invalid. We feel we have legitimate complaints that we feel you are dismissing.

Mike Meadors
Karen Dudnikov