|DeMonaco Contracting, LLC Duane Lindensmith Repair/replace porch, repair block mortar joints on the whole house and repair side of front porch Warren, |
|5th of May, 2011 by User161145 |
|In July of 2010, I had been getting estimates for needed repairs to the back porch of my house, and Duane Lindensmith was one of four contractors who gave me an estimate. Duane offered to not only replace the porch and some steps, but he suggested that he also repair the mortar around the foundation of the whole house, and repair parts of the front porch, all for a cost of $1,300.00. This was the best deal that I had received out of the four estimates, so I agreed to let him do the job. All work was supposed to be completed in 2-3 days starting on 7/29/10. On this same day, Duane asked for $600.00 as partial payment for the job, and told me to make the check out to DeMonaco Contracting, LLC. I reluctantly agreed, and after that, he disappeared for about five days. Duane reappeared again on 8/3/10, and started to tear off the top of the porch and frame it so that he could pour the cement. He also went around the house chipping out about 30 different areas of the foundation that he was to repair. I went back to the house later in the day, and was shocked to see that he had driven two 1 rods through the complete depth of the asphalt driveway to hold the framing in place. On 8/5/10, Joe DeMonaco and one of his workers came over and poured the cement for the porch and steps. He told me that after the cement cured, they would come back to finish it along with the rest of the work and to take away the old cement. I did not hear from either Duane or Joe for 13 days, and could not reach Duane through email or phone calls. On 8/18/10, I was driving by the house when I saw Duane there, so I figured he was there to finish the work. My son went to get something out of the house, when Duane explained to him that he had not been able to complete the work because his truck had broken down again. This was the second time his truck broke down since he started working on my porch. I dont know what he was doing at the house that day, but he didnt perform anymore work. I went up north for a couple of weeks, and on 8/26/10, Duane started leaving me voicemails and emails telling me that they had completed the job and wanted the rest of their money along with an additional $200.00. This is the email from Duane:|
Hi Toni, Would like to get a check for the porch, the price of $1,300.00 minus the deposit of $600.00 left a balance of $700.00. We also had some extra cost, had to rent a jack hammer to get the step out in the back of the porch and replace the block that was needed that broke. That cost is $200.00 so that would make the total $900.00 Get back with me so we could rap this up thank you. I tried to call today on phone. Left you a measage wait for you're reply. Duane. I emailed Duane back and told him I would take care of everything when I got home, and he agreed. When I got home on 9/9/10, I found that the work still had not been completed. Additionally, there were holes in the new porch and an opening at the bottom of one of the steps where ants were able to easily work their way under the porch. The porch is not square; although it measures 12 feet across, the thickness on one end is 6 and the other end is 4. If this wasnt bad enough, I discovered about 300-500 pounds of old and freshly poured cement in the back of the yard where they dumped it behind some bushes. Of course, the freshly poured cement had dried and was stuck into the ground. On 9/10/10, I received this email from Duane: Sent: Friday, September 10, 2010 8:15 AM Hi Toni, I need to get paid for the porch that we did at Gary's house. We did a good job and should be paid. We have waited a long time to get paid. Also let Gary know not to call me anymore he has left 3 very nasty voice mails on my phone, that was not needed. For waiting a day to pour ceament, that was uncalled for, and about the extra cost. We did the work over and above what we said we would do, it's only right that we get paid. I will say something to the college if he calls again. I'm upset on how he handled it, very much uncalled for. I'm dealing with you as you ask for. If you feel the extra is uncalled for cut the check for $700.00, we did extra work its only fair that we get paid, we did spilt the extra cost of time thats why it was only $200. Please let me know ASAP. Duane Lindensmith I emailed Duane back with a long letter that included the following: Sent: Friday, September 10, 2010 8:15 AM
In summary, you ignored phone calls and emails that I made to you asking why you werent there working on the porch (and the rest of the house) and wouldnt even answer your phone, so I left messages. When you finally did contact me, you had various excuses for not completing the job, including; I sold my house and had to meet with the real estate company to close on it; I dont have any way to get my trailer over there; I bought a new truck and it broke down (for 2 weeks); my truck broke down again. I finally decided that if I wanted this work to be completed, I would have to get somebody else finish it. I cannot believe that you are so arrogant and ignorant to think that I would pay you not only what we agreed to, but $200.00 more! I am still finishing up the work that you didnt do, but the driveway is permanently damaged, the cement remains in the back yard (where you dumped it), and there are chunks of mortar lying around the house where you left it after you knocked it off of the foundation. I can only offer that you come over here and dispose of the cement the way that we agreed to and we will call it even. Otherwise, you can do what you feel you must do and I will do the same.
If I dont hear from you regarding some sort of resolution, I will proceed to do what I need to do. After I sent this email, Duane forwarded it to his partner Joe. I then received this email from Joe: Sent: Saturday, September 11, 2010 10:08 AM
Hello Toni, I'm the owner of DeMonaco Contracting, LLC I just revived your letter sent to Duane and just read it my self. From this point on I am asking you to work with me and only me from here on out regarding any issues, phone calls or emails, pertaining to this job and its balance. I am asking you to personally call me on my cell to resolve this issues at your first convince. Thank You -Joe DeMonaco
586-709-8474 There were other emails back and forth between Joe and I, but he finally came to the house to see what the problem was. He seemed oblivious to the fact that they performed shoddy work, didnt finish the whole job, and didnt know why I had a problem with them dumping the cement in the back yard. We then agreed that he would take the cement away, and I would pay him only $400.00 more since I had to pay someone else to finish the job. Thank goodness this crap is now out of my life; or so I thought. In March of this year, after the snow started to melt, I discovered that the porch is already falling apart. I sent an email to Joe, and got a sarcastic response, so my son called Duane to see if he would do anything. In response to my sons phone call, Duane contacted Joe (apparently Joe is the Enforcer), who in turn sent an email to me stating that if I do anything to deal with this in any other manner than which he would like, that this will result in a lawsuit against you and that property! Here is Joes email to me: Sent: Sun, March 20, 2011 10:50:36 PM Toni,
As I did not receive full payment from you on that job, your warranty is voided. Should you want to change that, please send me the balance of the contract and I would be more than happy to take a look at your porch. FYI- your son Gary was told not to put any rock salt on the porch for the first year. At my suppliers request, a test sample of the concrete will be tested for salt. If any salt is found, this voids the warranty on the material. Rock salt soaks into fresh new concrete. If I receive payment from you, I will stop by to pick up a sample to be tested. Joe Sent from my iPhone
DeMonaco Contracting, LLC The really funny thing about this is that the only place that the porch isn't falling apart is where I would have used salt if I did use it. There was no salt used on that porch at all. So this is where I am at with this thus far. I am in poor health, but I wont let that stop me from trying to get compensated for being ripped off by these two clowns.
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