PK Renovations

Mr. [redacted] is right. We are a small company, and the deposit was used for other projects with the intention of collecting that money and applying it to this project. I screwed up, and have learned this lesson the hard way to ONLY apply the deposits toward the projects they were intended for,...

and that's how we run our company now. However, because of the work put into this (or any) project, we have a clause in our contract that states that any contract cancelled is subject to a 25% cancellation fee.
 
All of our contracts state the following: "Once signed, this binding contract shall not be cancelled beyond (3) three business days without being subject to a cancellation fee equal to 25% of the contract/agreement total."  This has been communicated with Mr. [redacted], who has involved an attorney. He (Mr. [redacted]) gave us no way of contacting the attorney except via phone, which we have done and asked for an email so there is a track record of communication. The attorney has failed to do so, so I communicated with Mr. [redacted] via email stating the clause in the contract, and to date have received no response. We are willing to settle for the deposit less 25% cancellation fee, which would be a refund of $2514.49.

I am rejecting his response because:A lot has happened since then and I apologize for not responding sooner.
Mr. [redacted] will get his money. I've had to let 3 people go the week following the email to Mr. [redacted], which set me back, having to hire additional people and train them, which anyone in business knows that takes months. Not only that, but I had to fill in and finish jobs while hiring and training. 
I could have responded sooner, and for that I take responsibility. Days led to weeks, and weeks into a month. I'm not making any excuses, just simply stating the facts.
Like I stated, Mr. [redacted] will get his money before the end of this year. This gives me a deadline as I have to justify my books and accounting.

Complaint: [redacted]
I am rejecting this response because:I am tired of [redacted]'s lies and his lack of updates.  He stated that he never promised me next week is a lie!  Here is his last email to me on September 2:"[redacted], it's been a struggle to get the full amount together. What I will do is over the next week when I get a draw get a money order for $500 and send that to you."He has to be the most unprofessional person I have ever dealt with.  As far as me having no patience, I must disagree.  I have been dealing with [redacted] since April to try to get a concrete patio and since July 14 for getting the deposit back.  I think 2 months is more than enough time to refund me the money.
Regards,
[redacted]

Whether the claims are true or not is irrelevant to the contract. The contract plainly states that if the customer/homeowner cancels, there is a 25% cancellation fee.
On more than one occasion we have offered to go ahead with the window installation, but Mr. [redacted] has declined, and the ultimately cancelled. We stick by our initial stand which is going by the contract signed by both parties.
The offer to install all the windows and replace several doors still stands.

Mr. [redacted] did contract with us to pour a dumpster pad and apatio at his home. At the time of signing the contract Mr. [redacted] mailed thecontract and check which we received approximately 5 days later, on or aboutApril 28, 2015. I made Mr. [redacted] aware that we were at least 2 weeks out...

onschedule. As many may recall, we got a lot of rain in the month May and earlyJune, so no concrete could be poured during that time. When we finally couldget to it with our schedule it didn’t suit Mr. [redacted] as they were leaving fora 2 week vacation. We had agreed that upon their return that he would contactme and we would set up an appointment for me to come out and go over thedetails with him, mark out the exact locations of the concrete pads and givehim a firm start date.The evening of our appointment I was installing a backsplashfor a customer and totally unaware that my phone had shut off. Being totallyconcentrating on finishing up the project, I lost rack of time and forgot theappointment. My phone being off I did not get a reminder. The following day Mr.[redacted] contacted me via text and I responded that my phone was off and I hadcompletely forgotten the appointment we had set 5 days earlier due to the factthat my phone being off I didn’t get the reminder. He didn’t want to hear anyexcuses, just wanted to cancel and have his money back.I agreed to refund his full deposit even though he is and wasfully aware that our contracts state that if a customer cancels after 3business days they are subject to a cancellation fee equal to 25% of thecontract. I felt that I was being fair since this had drug out so long and Ihad missed our last appointment by not enforcing the contract he had signed.He will receive his full refund.

Yes, I did contact Mr. [redacted] concerning sending the deposit in several stages, however I never promised last week. I will stay in touch and send the money to him. The man has no patience!