Company Response
11/24/2021
In response to Complaint 98962465, we actively maintain that we have not caused any unwarranted delays, nor have we breached the contract in any way! In regards to the dirt, the client instructed workers to remove dirt that was unrelated to our pool excavation, and told the workers that I said it was ok- which was untrue. I told the client that this dirt was not part of our excavation which had occurred on August 24th, approximately two months prior to this incident- and he agreed. I further told the client that I would only charge him for the cost of removing the soil which was $1,500. I later told the client verbally, and in a letter that I emailed to him on 10/29/20, that I would accept the $1,000 that he offered (and take a loss of $500) in an effort to move on.There have been absolutely no delays, whatsoever, on this project. Once we received the permits from the city, we started work on August 24, 2021. I clearly explained to the client that the completion of the pool would take 3-4 months which is on the shorter end of the industry standard. Also, the coping, tile and bricks had already been installed prior to his check bouncing (check bounced at our bank on 10/22/21). We still installed the grout and delivered the pool equipment to his home after the check bounced in good faith. All that remains to be done on his pool is an Enclosure Inspection and installing the equipment and plaster, as over 90 of the project is done. From the beginning of the project, Pete was rude and threatened to file complaints with the CSLB (for reasons that were unjustified), and we had to jump through many hoops just to keep going. Prior to starting the project, all of the delays were caused by the city's processing procedures during Covid-19, the L.A. DWP, and later by Pete, himself. We are, and have been, ready to continue as long as Pete pays what is currently owed, per our agreement. We will file a Lien on his property ASAP in order to secure our right to get paid. We sent an email response to Pete dated 10/29/21 that went completely ignored. We have been nothing but fair, accommodating and professional with Pete throughout this process, but there are actual progress payments that are owed per our contract. They include: $5,000 at the start of the coping (this check bounced) + $35 bounced check fee, $3,000 at the start of waterline tile and $1,000 from the change order dated 8/25/21- to start tile- which refers to the fish tile installation for his water feature. Per the client's suggestion I will accept $150 for the fish tile installation, and $1,000 for the extra soil removal- all together totaling $10,185. In Pete's resolution, he proposes paying us only $4,035- claiming that we did not perform our job, which is completely untrue!
To us, this appears to be an obvious case of an individual trying to get something for nothing. It is clear to him that if he doesn't pay, he can save money by just having to plaster the pool. We believe that bouncing the check and filing the complaint was planned and timed by him. We will not accept the resolution that Pete is proposing, as we did absolutely nothing wrong. 1) The pool has been built in a timely manner. 2) Prior to starting the project, all of the delays were caused by the city's processing procedures during Covid-19, the L.A. DWP, and later by the client himself. 3) On our agreement, the completion date is listed as 10/31/21, and then a change order was added on 8/25/21 which extended the completion date 30 days (plus an approximately 1 month delay caused by the client, so far). 4) His check of 10/22/21 bounced and we continued to do work at his home. Since that time, however, he has refused to pay us and has even tried to change the terms of our agreement. 5) We only asked for payments per the agreement signed by him, and never asked for any payment before it was due per our contract. 6) The only person who is in breach of contract is Mr. Pete Natividad- by bouncing a check on 10/22/21, and refusing to pay other progress payments that are due per our contract. We propose that Mr. Natividad make all payments that were previously outlined, per our agreement, totaling $10,185, plus the costs related to filing a lien and removing it at the end of the project. We have every intention of finishing this project, as we do all others, and as we agreed to do in our contract.
We are happy to discuss this matter further, and we have email and text message communications for your review should they become necessary. Thank you in advance for your time and consideration in this matter. Sincerely, Ofer "Sam" Shaer
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