Please be advised that in my opinion I have experienced a severe lack of cooperation from the General Contractor on our proposed and unfinished renovation to our apartment; which was damaged by a ruptured fire sprinkler head and a golf ball which damaged our apartment and our sliding glass doors on our patio.
Contractor has not responded to any of our phone calls and/or registered letters to him with regards to the two projects which we hired him for.
On July 8, 2010 I signed a contract with an addendum between the company to repair my apartment and sliding glass patio doors; the contract was broken down into two projects.
Project #1: Replace 6 Sliding Patio doors with Bronze frames and Bronze tinted Hi-Impact windows
Project #2: Repair apartments which were damaged from a ruptured fire sprinkler head
Their employees/work crew removed the patio doors, framing, sun screen shutters and proceeded with the installation of the 6 sliding patio doors. For which we advanced checks in the total amount of $31,000.00, as a deposit for both projects made payable to the company which he represents.
It was agreed that the Bronze frame and Bronze tinting windows would be installed for $17,000 maximum minus 10% which was to be paid to the public adjuster, without any rights to contest as this is the maximum amount agreed to be paid by the Insurance Company; in the court ordered final appraisal award.
As specified in the Addendum to the July 8, 2010 contract.
On October 26, 2010 the July 8, 2010 contract was again amended to adjust the estimated total cost of the apartment repairs from $69,000.00 to $48,000.00 (minus the 10% Adjusters fee) as previously agreed to, and that the insurance company would have the final say in the exact payment which they would be responsible for after the court ordered appraisal.
This came out to $48,000.00.
(This paragraph applied to project two of the contract, repairing the apartment (not the patio doors).
Upon the work stoppage by the contractor and my inspection of their work the following was observed:
Patios Doors frames were scratched severely in several locations on the framing.
The glass installed was clear instead of the bronze color ordered.
The screening outboard of the patio doors was flapping (from top to the bottom on both sides of the framing) in the wind and was not secured properly.
The final finishing (enclosing of support beams and fire proofing) was never done.
Final inspection by the Palm Beach County Building Department was never done.
Final releases were never delivered (as requested) from the Contractor and the door manufacturer of the patio doors showing that the doors were paid for, nor any releases from any subcontractors were ever received. (Which I requested on several phone conversations with the Contractor).
Therefore, after three certified letter requests, phone calls and a personal appearance to their offices, they have refused to refund my over payment. The difference between the agreed upon fee of $17,000.00 minus the 10% fee ($1,700.00) (for adjustment fees to replace my sliding glass patio doors) should have been refunded. $17,000 – $1,700 = $15,300 was the final total cost which was payable to the Contractor. The balance of $15,700.00 should have been refunded upon cancellation of our contract.
However, before work started I was required by the Contractor to advance $31,000.00 to them as a deposit to begin their work.
After reviewing the quality of their work (which was unacceptable) I sent a registered letter to the Contractor cancelling our contract with them on January 13, 2011 and requesting a refund. Although several additional registered letter requests, phone calls and a personal visit to their offices was made I have not been able to get my refund. Therefore, I am hereby requesting a full refund of my $31,000.00.
I would appreciate your assistance in assisting me in obtaining my refund.