SLC Buildings

The original contract was signed on may 30,2013 with Mrs [redacted]. A total of $20,493.00 was the cost to cover Materials for this job, this cost was discussed with Mr and Mrs. [redacted] when contract was signed. I asked for no money to cover the cost of labor until trusses were up and the remainder of...

money was to be paid at the completion of the job. On July 8, 2013 Mrs. [redacted] decided to make changes to the already signed contract. MRS. [redacted] wanted to add a porch, wainscoting, and larger doors. These additional changes were made to the contract and singed again by MRS. [redacted] who still did not state to me that the position of the post would not work for the stalls she was hoping to build.This change brought the new total cost to $24,168.00, I added no additional labor charges only material charges. We agreed that I would put an advertisement sign in their yard for a year for not charging them any extra labor charges. I really tried to work with them. On almost every pole barn built post are spaced 8 foot on centers, this is what the contract stated when Mrs. [redacted] signed it both times. I didn't recall her telling me at that time that her stalls would be 12 foot, I work with many customers and sometimes I get them confused that is why I asked them to read and check the contract BEFORE signing. After the contract is signed my crew and I stick to what is the signed agreement. After our holes were dug and post placed MR. and MRS. [redacted] then caught their mistake. I was more than willing to fix the changes that needed to be made but not with out them covering the cost of the new materials. Mrs. [redacted] refused to pay for the new materials and the cost of labor, she insisted that it was my fault. Mrs. [redacted] became hard to work with, she began screaming at me on the job sight and even told me to leave and not to come back. MRS. [redacted] told me that she would call the police if I wasn't off her property fast enough. On Saturday, October 5, 2013 Mrs. [redacted] told me not to send my crew to work because they would be sent away. I responded to this email the same day asking to draw up a new contract with Mrs. [redacted] to include price of needed materials and labor added. The next day, October 6, she responded with an email that said in I was fired. On October 28, 2013 through an email she demanded I give her $7000.00. I covered the cost of new materials and 4 days in labor to my whole crew, I endured a monetary loss at this point. I am sorry that there was a misunderstanding with Mr. and Mrs. [redacted], but again I will state that the contract was signed 2 times by Mrs. [redacted]. If she had told me at the signing I would have changed it right away and no extra cost would have been endured. I tried on many attempts to make a reasonable settling with Mrs. [redacted] but I think that her obvious doubling in settling amount of $7000.00 in October to the current 14,781.00 proves she is not reasonable.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I agree that Mr. Risner has many customers, likely too many, as he continues to be confused about the issue and details that took place.  I documented much of our interactions of which I'll provide evidence of throughout my response.
 
I originally contacted Mr. Risner regarding a bid on 4.30.13. Upon his response, I provided a scan of the building layout I was looking for, both inside and out.  We talked at length about the exterior stall door placement and how I wanted them positioned.  He indicated that he would provide mock ups.  In the attachment titled 'Original Barn Contract' I've presented this email dialogue.  For sake of budget, I opted to forego the open lean-to on the south side (porch, as Mr. Risner refers to it); however, we discussed that I could add it with no difficulty if I did so prior to the time the materials were ordered (2nd payment).  It was June 3, 2013 when I signed the first contract and wrote check 5092 (attached) as a down payment (not May 30, 2013 as Mr. Risner indicates in his response).
 
Thereafter, I waited for a start date to be established as the contract cites the second payment is due 3-5 days before start.  After several attempts to get a start date, Mr. Risner indicated that the payment would need to be made so that the materials could be secured and delivered THEN he could give me a start date.  We discussed modifying the contract to include the open lean-to (porch) cited at an additional $2800.  I wrote check 5113 (attached) on July 8, 2013 for the materials so that a start date could be established.  Attachment titled 'Amended Barn Contract' presents details of this email exchange and the updated building mock up that clearly illustrates the framing of 5 stall doors on the north side (which Mr. Risner indicates he had no knowledge of in his response).  The new total of the building at this point was $28,660, not $24,168 as Mr. RIsner indicates in his response).  He also owed me costs for the loft door and stall door 'trimming' of which we agreed to add to the contract price.
 
I waited yet another 3 weeks before Mr. RIsner indicated his crew was prepared to start and needed the remainder of the materials funding; however, this was days before leaving for vacation (of which I had alerted Mr. Risner of weeks before).  I denied his request to start the building until we returned.  Upon our return, I mailed check 5114 (attached) for the remainder of the materials which accounted for the open overhang.  On September 18, 2013 the materials were delivered to the site property (including those supplies needed for the open overhang, doors and wainscoting).  Mr. Risner's crew started building positioning on September 20, 2013.  By September 24, 2013, all the post holes were dug.  On September 25, 2013, I sent Mr. Risner a text indicating that I was not confident that the post holes on the north side where the stall doors were to be framed out were placed correctly.  He insisted that they were correct.  Several days past with no progress until I requested Mr. Risner's presence at the property to remedy the situation.  At no time did we discuss cost of additional materials.  The basis of our conversation was regarding correcting the placement of the post holes supporting the stall doors.  Mr. Risner persisted in that the holes were placed correctly because he was only planning to secure one side of the doorways with posts, not both sides.  As I was confident that this is not a best practice in door framing and I was frustrated with the entire ordeal, I made the decision to fire Mr. Risner - asking him to leave the property immediately.  The reason I threatened to call the police is because Mr. Risner took it upon himself to stop twice, taking his time getting out of his vehicle, to take pictures before exiting the field.  By the way, although the contract cites the core buildings posts will be set 8 foot on center, there are no specific guidelines for post spacing for the enclosed lean-to in which the exterior stall doors where to be framed.
 
The following day upon calling the materials supplier and learning that the material expenses only came to $15,624.06 (attached) (versus the $24,168.00 that Mr. Risner indicates in his response), I emailed Mr. Risner confirming his termination and requesting the difference in material expenses and the amount I had paid to date.  I had paid $24,000.00, materials were $15,624.06 and then I estimated I owed him  a couple thousand for labor bringing me to the $7,000 reimbursement request quoted in the email.
 
After seeking legal advice, I learned that Mr. Risner was in breach of contract and with no attempt to refund payment not owed to him, I am entitled to 'cover', meaning Mr. Risner is responsible for expenses I incurred as a result of his breach to finish the building.  I had out of pocket expenses and labor costs (attached) over $8,000 (and I deducted more out for Mr. Risner's labor costs) thus I'm requesting reimbursement of $14,781.  This is not being unreasonable, it is the law. 
Regards,
[redacted]