FBA Construction, LLC Response
12/09/2022
Below is a copy of a Certified Letter mailed to ***** and *** in response to their request to terminate the stucco contract at 98% completion. Here is a text from ***** on *****-********* days before they decided to terminate the agreement. Hey ********, the guys just left for the day. Color looks great. Most of the house is covered except for the archway and part of the parapet. They said theyd be back tomorrow to finish the job with the color. How is it that you they were happy with the work until the very end, but their post states, The entire process was emotionally painful? We also offered a credit to them (which they accepted) so they could complete the items that we were not allowed to complete. This is very misleading. Also, to clarify, we have been in business for 25 + years. We have never been affiliated with ********* Construction or hired them or any other company to work on our stucco projects. We were never threatened with action whatsoever. We sent out our crew to complete the project based on our schedule. We always keep all of our customers updated with the schedule and of course any delays. The problem is *** wanted the crew working regardless of weather conditions. The wired cameras were placed on the roof, as requested by them, as they did not want them disconnected. These are Exterior cameras and do not require protection. Lastly, I dont know how it is relevant that an employee does or doesnt speak a specific language. When we hire employees we look for hard-working, self-driven, experienced individuals that will help our company grow and not based on the language they speak. Below you will find more details in the letter that was sent to them. CERTIFIED LETTER RE: Termination of Contract Synthetic Restucco Project F.B.A Construction, LLC ********* ******************************************************************* CERTIFIED MAIL ********************* and ********************* ********************************** November 5, 2022 ***** and ***,This email is regarding our telephone conversation on Tuesday, Nov 1, 2022, at about 2:12 pm, where you verbally advised me of your decision to terminate our contract dated and signed, June 26, 2022, by ************************** for the Synthetic Restucco project. You both stated your reasoning for this verbal termination was based on our unreliability and schedule delays, although you allowed us to complete 98% of the project. This is confusing as all communication up to October 28, 2022, you all seem to be in agreement with the current progress. (text on 10-28-22 from *****.." Hey ********, the guys just left for the day. Color looks great. Most of the house is covered except for the archway and part of the parapet. They said they'd be back tomorrow to finish the job with the color. There were definitely weather and other unforeseen delays, however, you were notified throughout the entire process. As mentioned at our initial estimate appointment, when applying exterior coatings, we must be incredibly careful with changes in weather as it drastically affects the performance of these coatings regardless of the time of the year. As the applicators, we stand behind our work and are liable if our final product fails, due to not following the product specifications and/or application instructions. We cannot keep a scheduled date if the weather does not allow it, regardless of the customers frustration and/or emotions.To confirm and to notate: You advised me that you no longer required our services as of Nov 1, 2022, and that our employees were not allowed on the property after Nov 1st, other than to remove our tools and equipment within five days. This is misleading as you let my entire crew work the whole day (Nov 1st) to complete the most challenging part of the project (color coat application) only to terminate the contract and not allow us to complete the remaining simple items (clean up, gutter and fixture installation, and touchup). These items would have required, 1-2 employees for approx. 4-5 hours, but again, we were not allowed to complete the project. We were there on November 2nd, (as notified by text, noted, and filed), with two of our employees, including myself, to remove the scaffold and equipment and completed that task at 1:30 pm. If allowed by you, we would have completed the project by the end of the day.Due to your decision to terminate at 98% completion, we consider this project 100 % completed, (total project amount of $28,650.00) with a credit of $425.00 ($85/hr X 5 hours) to complete the remaining items. You will receive a final Invoice for the remaining 30% of the contract minus the credit. Feel free to use this credit to complete the items we were not allowed to perform and complete. There is no reason for us to wait for payment until you now wait for others to complete these items fourteen (14) days from today as stated in your termination agreement, as this could have been completed on Nov 2nd. Payment is due in full upon receipt, November 4, 2022, minus the credit of $425.00. There is no need for a termination contract for this amount as the credit is the completion amount and agreement. Your intention for your termination agreement is acknowledged but not accepted as there is no set dollar amount to complete the remaining items, that again, we were not allowed to complete, and for that reason, the agreement was not signed. See below.Below you will find our response to line item A-F. of the termination contract you provided to me on Nov 2nd.1.Light fixtures by the electrician - (allowance above)2.Camera by others. You mentioned the security company needs to reinstall, or warranty is void.3.Gutters reinstallation (allowance above)4.Our contract does not include professional window cleaning other than cleaning our stucco spots and stucco touch up around window frame. (allowance for spot cleaning is above)5.Solar lights replacement for $30.00. Not sure what this is, but feel free to deduct this from the final Invoice.6.Landscaping? Although you state landscaping was disturbed, you will fix it at the owners expense. Landscaping was left intact, clean, and taken care of, except for around the house, where we were not allowed to put back the landscaping.Feel free to respond but you are not required to do so. You will receive this document via certified mail. Thank you for your business and for approving the quality of the work! Sincerely,*********************************** F.B.A Construction, LLC Enclosures: Signed Contract. Invoices