Complaint Review: BOSS Resurfacing - Grapevine Texas

Several hours after posting that yesterday, I got a call back from Boss Resurfacing. They offered to make amends for their wrong-doings and informed me that the individuals responsible had been fired, and how sorry they were for what I've been through. I have to change my mind, the new management/whatever is very impressive and I really appreciate the call.

I own a 2-story 4br home right off of Lakeshire in Austin. I hired Boss Resurfacing to small jobs (tuckpointing 2 sides of the home, redoing the front fence and re-tiling the roof), we had agreed upon $15,000 and an ETA of 3-4 weeks. 3 months later, the job still isn't done and Boss Resurfacing refuses to answer my calls. They were paid 50% up front ($7500) and then another $3000 after 2 weeks. After the second payment, work slowed down to a halt over the course of the next 10 weeks. The tuckpointing job was just AWFUL, the fence is in shambles and the roofs tiling has almost completely fallen off. Water is LEAKING into my home because of them and their BS. I am outraged and I demand that they be held accountable for their actions.

Well the timelines make sense, I either got the new crew who had no clue what hey were doing yet, or I got the same crew who really were not fired two weeks after the job. If indeed it is the crews fault and I know that a job can go bad because of people hired, then I would also expect a response to my calls to fix the situation other than a put off to get me to go past warranty and then not worry about it. If you knew you had some problems with crews, why would you not take our calls seriously and come look for yourself since you said you may have had a problem?

I paid Boss half up front to come resurface my pool. July 2007. I was told by the guy who came to look at the pool that the color would be like a dove gray or "Duct tape". The job started, first they emptied water from pool into street, city came by the house and scolded them. Then the guys working left cigarette butts all over. After the job was finished, the same guy who came to assess the job, came to my place of work to get the check for final payment. I found that very strange. I should have looked at job first, but trusted company as well and figured maybe they wanted to make sure they got their money and didn't trust me. The pool was filling with water when I came home. The pool had streaks in plaster. I called and was told that we needed to brush the pool at least twice a day and this would go away. We could swim in it after 24 hours. After swimming in it, there were foot prints on plaster and streaks hadnt changed. called Boss again, he said not to worry that it will all smooth out after some time goes by and keep brushing. I assumed it was the truth. Due to all the rain that summer we didnt really use pool, but many months went by with no changes in the color. Called again early 2008 in the summer of 2008. Was asked if any if it had changed at all, when I said some of the gray was coming through, he said it will wear down with swimming and brushing. The plaster is smooth so I thought okay, Ill wait. It is now the summer of 2009 and it looks the same. I called Boss again, they came right over, stated he had wrong sand paper but would use what he had to scrub side, said yes color is still there, but plaster bonded over it from not brushing enough. Also noted that we had some calcium building up so this now has altered the integrity of the plaster. I told him that had just started and did not cause problem to start with. I was not given same instructions as he was saying it should be from the start. old me that guy didnt work there anymore, and basically oh well..my problem. Ive called within warranty time and was old its normal. I now have called 2 other pool companies to look at it. In past week, I have a circle about 12 " where plaster cracked off and its down to cement. The other pool company stated that 1. they should have altered the ph when filling pool, and its obvious from looking at plaster coming off that they put it on way to thin and that the color was not properly mixed and all the brushing in the world wouldn't have fixed this . Keith may remember who I am, as he was setting up his computer at the new Grapevine Location I gave him my ethernet cord so he could get on line. I let him keep it. I felt like he would certainly make sure my pool was done properly. After two years of calling constantly to be told its fine,its not fine. Now my home is up for sale, and guess what BOSS- every single person and realtor wants to know who did the job, and until I see some kind of attempt to fix the job that was done wrong to begin with, and problems identified within warranty were ignored, I will make sure everyone knows who did the job. I also intend to take statements from other companies and an inspector and make sure its noted at BBB and I may have to contact someone about other avenues to get more than a "its fine" or "must be your fault" . You apparently had some bad reps and maybe people doing the job s during this time period. Ill give BOSS the benefit of the doubt when I see something done about it, as I know sometimes it isnt the owners fault, in those cases the owner usually comes to see job himself after 8 calls to Boss after the job was done complaining. So , bottom line is that I believe the report, and believe it has happened to more than just this consumer and myself.

APRIL 22, 2008 UPDATE! Mr. Ricks requested that his information be updated in reference to the installation by Boss Resurfacing at his home. Mr. Ricks went to court on this date (4-22-2008) and WON / RECEIVED A JUDGEMENT against Boss Resurfacing in reference to this matter. MARCH 01, 2008 UPDATE! We have received a CREDIT IN FULL ON OUR CREDIT CARD for the Down Payment we made to Boss Resurfacing for their installation. There are reasons that made these actions possible! Please be VERY careful when selecting a contractor, especially one that you do not know or one that was not personally referred to you by a family member, friend or neighbor etc!

I made a statement in the report dated January 9th, 2008, that Mr. Ricks sued Boss Resurfacing for their installation and won. I evidently misunderstood Mr. Ricks in our telephone conversation, for which I apologize...I did find the suit in the Tarrant County court records, and it is stated in that document: Compromise Settlement Agreement 10/19/2006, Small Claims Suit for $4,775.00 + CC. What happened was, he went to the Small Claims Court and filed a suit against Boss Resurfacing but being the gentleman that he is, he went to Mr. Kimberlin to advise him of his action, and Mr.Kimberlin told Mr. Ricks that Boss Resurfacing would come out and repair their problems. Mr. Ricks states being 88 yrs old, (now and 86 yrs. old in 2006) on a fixed income, they do not have the money to try to fight this issue and was informed that if he won in Small Claims Court, he would have to hire an attorney to pursue payment. So they waited for Boss Resurfacing...needless to say, their problems are status quo, not repaired. I have visited with the Ricks since the report of Jan. 9th, and have many pictures of their problems, none of which has been repaired. I was shocked to see what they have been left with, especially their front porch and driveway! Mr. Ricks invites anyone to come out to view their situation.

First of all, the statements I am about to make here, are NOT SLANDER and are NOT an "embellishment" of facts as I have been accused of by Mr. Kimberlin... These are TRUE, RECORDED COURT DOCUMENTS from the various County Court Houses in Tarrant, Collin and Rockwall Counties. If anyone would like information on how to obtain the information for themselves through the Courthouse, please feel free to write me at [email protected] or I can forward to you, copies of same. As I said, this INFORMATION comes from actual court documents and I will only make statements of facts, from the consumers I have spoken with, that may also be verified. Boss Resurfacing states they stand behind their work 100%. I spoke with a dear 88 yr. old Gentleman yesterday after having found his case at the Tarrant County Court House. He told me he contracted with Boss Resurfacing back in 2006 "to tide up the front porch and sidewalks of their home in case he and his wife had to sell it and move into an Assisted Living." He wanted to be able to get a good price for their home. This (now 88 yr. old Gentleman) paid Boss Resurfacing in full nearly $5,000.00! Several problems showed up and the consumer kept calling Boss to "warranty" their installation. He was told "Oh don't worry, we'll take care of it!" Needless to say, this dear sweet little 88 yr. old couple had to sue Boss Resurfacing and they WON their case, however, as the gentleman told me yesterday, "he's 88 yrs. old (now), they won their case but it costs even more to hire an attorney to seek payment for their judgement." I have been invited to come by and "see the mess they have in their front yard." He also feels as I do, that the crew literally did not know what they were doing. This is an 88 yr. old couple! My heart goes out to them. Then there's another court case I found in Collin County. I have been by to see the problems this consumer has with their installation, and they have many of the same problems my husband and I do, and stated that when their Boss Resurfacing installation gets wet, it is so slick that even adults fall down! There is a case I found for a publishing company, that is suing Boss Resurfacing for a debt. Mr. Kimberlin, did you not get what you contracted for and do you not feel it is not right to pay for something that you did not receive? Or is it as you have accused me of several times... "trying to get something for nothing?" Mr. Kimberlin, do the right thing NOW...pay this dear sweet little 88 yr. old couple their nearly $5,000.00 they paid Boss Resurfacing! Show that you DO STAND behind your work, so that they can get their sidewalks and front porch repaired to improve the sale of their home, so if they need to sell it to go into Assisted Living, they will get top dollar for their home. Believe me, finding this Court Case, has truly saddened my heart.

As this report shows...... 1. We offered and submittted a resolution to the problem and... it is rejected. 2. We apologized for all that has happened and... it is not received or accepted. 3. We try time and time again to schedule the warranty work.... only to be turned away. 4. We have never disputed the fact that warranty issues exist..... 5. We have never refused to perform the warranty work.... As I explained..... Mrs. Welter is more interested in semantics and harping on specific events that caused things to go wrong rather than accepting the resolution and allowing us to address the warranty issues at hand. Again, we do not nor have we ever disputed the fact that there are workmanship issues that need to be addressed. But removal and replacement is not required to correct the workmanship issues on this project. Finally.........(as it pertains to our case) As you can see, this forum is only going to publish the he-said she-said" points of an argument. Though it makes for good entertainment for the casual reader the fact is, in a dispute of this nature, the only thing that really holds any weight is the contract. A contract is a legally binding exchange of promises or agreement between parties that is enforceable by law. We have a signed contract with this customer. The customer agreed to the terms and conditions of our contract and warranty statement. Since this forum does not require any documentation I have provided the "Workmanship Warranty Resolution" language in my first response. The following includes the Terms and Conditions and Warranty Statement agreed to by the Welters: ___________________ Terms & Conditions Please consider the following: 1. The customer shall provide a designated area for Boss Resurfacing to stage and store job materials for the project. The area to be resurfaced shall be broom clean and free of debris. 2. Customer is required to remove all movable items, such as furniture, plants, TV's, grills etc., from the area(s) to be resurfaced. If Boss Resurfacing is asked to move or help move any item from the area to be resurfaced, the customer should be aware that BOSS Resurfacing can not be held responsible for damage that may occur to items during this relocation process. 3. Customer is required to select and approve the project type, color and profile from the samples provided at showroom location or by the sales representative. Custom samples are available upon customer's request. Pricing for samples may vary depending on profile type and optional selections. 4. BOSS Resurfacing requires a 50% down payment of the total price of the job prior to starting the job with net due upon completion. NOTE: Jobs will not be put on the schedule until down payment is received. ($2,304.37 down and $2,304.37 upon completion) 5. In certain facilities, there may be products; ingredients and packing that are subject to the absorption of odors and or vapors. If so, it will be the responsibility of the customer to have such items removed or protected from solvents and odors, which may be present from the materials used in the preparation and coating of floors. 6. BOSS Resurfacing does not include the removal of carpet, tile, linoleum, paint over spray, stains, concrete slag, dry wall paste, plaster, or penetrating contaminants on or in the concrete or substrate unless otherwise stated in this contract. 7. The customer is responsible for obtaining any permits required by your city or county. 8. Due to variables that exist with installing a floor such as cure times, substrate conditions, number of applications required, it is impossible to state with certainty the exact time the floor will be ready for use. BOSS Resurfacing will, based on prior experiences, provide the customer with an expectation (as required by the customer), but cannot be held responsible if it proves inaccurate. 9. BOSS Resurfacing, as an installation contractor, cannot assume any responsibility as to the existing site conditions in applying or installing its floors or flooring systems as it pertains to the condition of the foundation, soil, slab, stability, ground water, water vapor, moisture drive or the presence and condition of vapor barrier. Problems with any or all of the above may negatively influence the performance of any flooring application. If any of these problems are suspect, appropriate measures should be taken and if necessary, corrections should be made prior to any floor application. Should you be concerned with any structural or substrate stability issues, these issues should be addressed prior to BOSS Resurfacing starting the job. 10. The customer understands that if the existing substrate has existing cracks prior to installation, or if the substrate cracks after the installation has been completed, that damage to the product or the bond line is a direct result of this instability and is not considered a product related failure. BOSS Resurfacing as an installation contractor does not warranty against cracking, or any other progressive deterioration, which may occur to existing substrate and the product that has been installed over deteriorating areas. 11. Customer agrees that any plumbing repairs, leaks, drips or the like are not the responsibility of BOSS Resurfacing and shall be repaired prior to installation. Including but not limited to sinks, drains, exterior faucets, toilets etc. BOSS Resurfacing charges $75.00 for the removal and replacement of toilets. Any repairs to the plumbing during this process are the customer's responsibility. 12. Boss Resurfacing is not responsible for physical discomfort, allergic reactions, etc. of the customer from the smells, fumes, or other noxious orders related to the job. 13. For stamped or Stained concrete customers: much like natural surfaces, such as slate, wood and stone, shade variances and minor surface imperfections may occur from area to area. Such variances are considered an acceptable natural condition. Stained surfaces will be mottled and appear uneven. This is the natural appearance of stained concrete and is not a controllable condition. Customers considering staining should be aware that stained surfaces are all different and that the color chart from which the stain colors are selected is only a visual guideline for color selection. 14. If any damage, or rework is required, as a result of walking on or otherwise using the floor (by the customer) prior to completion of the floor and its final cure, the customer is responsible for reimbursing BOSS Resurfacing for the repair costs of such damage or rework. 15. Final payment is due on completion of the installation of the job. Punch list items do not warrant withholding all or part of final payment. Warranty Punch list items are covered under warranty and shall be handled accordingly. 16. If all or part of final payment is withheld for any reason or payment is not received upon date of completion, this shall be considered a breach of contract, a 10% penalty shall be added to the balance due and the warranty shall be null and void. Should legal action be required to collect any and all outstanding balances due, the customer agrees to pay, in addition to balance due, all legal fees including attorney's fees and litigation and property Lien fees. STATEMENT OF WARRANTY Workmanship and materials shall be warranted for 1 year from the date of application of the product. However; major issues (e.g. texture, profile, integral coloring) shall be addressed on the date of installation and shall be noted on the back of both copies of this contract. The warranty is limited to repairing or replacing Only That floor area, which has failed. BOSS Resurfacing will not be held responsible for consequential damages deemed to be the result of the floor or substrate failure, its performance, or the repairs thereof. No other warranty, either expressed or implied by any representative, agent, or employee of BOSS Resurfacing will be valid or honored by BOSS Resurfacing. Acknowledged, agreed and copy provided. ______________________________________________________________________ We have never "candy coated" anything and as I said in my original response to this complaint we stand behind our product 100%. If you read "paragraph 15." above, you will see what Mrs. Welter keeps referring to pertaining to us requiring full payment before we will perform the warranty work. This paragraph is superseded by the "Workmanship Warranty Resolution". Nothing.... Not one point of this contract was disputed before we started this project. The contract is clear and was fully accepted by this customer. Unfortunately, now that there is a problem, Mrs. Welter feels that we should disregard the contract and do it her way because of the magnitude of the warranty work that needs to be performed. We want to do the work..... But the customer is not allowing us to do so. The customer is in breach of contract by not allowing us to honor our part of the contract. What more can we do? Please feel free to visit our web site WWW.bossresurfacing.com, check us out with the BBB, or come by our show room at 321 E. Northwest Highway in Grapevine. Or you can call me directly @ 972-880-2223 to discuss. Thank you, Keith Kimberlin President / BOSS Resurfacing

Thank You Sir...we did not know, nor did you ever tell us that the crew was fired right after our job!!!! Until just now! WOW! As I had told you and your General Manager several times, it appeared to my husband and myself, that this crew DID NOT KNOW what they were doing, and my theory was, we were their very first installation! Thank You Sir, you have explained it all! I am totally blown away by the accusation that I was not home. I work for a living, and need to be in my office by 8:30AM, like most all of us working people. I could not "talk to the crew" because they were never there until nearly 10AM in the morning and gone by 4:30PM, which made us wonder why the BIG RUSH! Why Keith Kimberlin, do you keep making accusations that I was not home? How do you know? Were you at our home during installation, in the morning, in the afternoon, in the evening? Your crew was gone by 4:30PM and left so fast both days (2, not 6!), they did not, & I am repeating myself, EVEN BOTHER to let us know they left! No Walk Through, no asking if we were pleased, no asking for the balance due...and now we know why! As far as my credit card dispute goes Mr. Kimberlin, why not tell the truth?...You still DO NOT have the funds as of this date 12/13/2007! Let's be honest and not embellish, ok? Kimberlin keeps saying he wants to honor the "warranty", but again, not unless the contract is paid in full, oh yes, less 1,000.00 to hold in "good faith"? What about the original "good faith" payment we made, one half of the contract, and look at the nightmare we got? After all the threats, the unprofessional manner in which we have been dealt, the letter that states a lien is being placed on our home and Boss Resurfacing is taking us to court?...and Kimberlin thinks we are suppose to pay more(?), for Boss Resurfacing to do what they should have done in the first place? What tragic thinking that is. To repair this faulty installation, we have been advised by several companies, that the only way to "FIX IT" it is to REMOVE ALL OF IT and START OVER. Kimberlin & his GM have both said..."we will not do that! We will put a lien on your home, and take you to court!" So if we have Boss Resurfacing, which left us in this mess in the first place, saying, "it is an EASY FIX!" and several other companies saying (this EASY FIX) it "ALL HAS TO BE REMOVED...and WE HAVE TO START OVER..." well, think about that! Would would any consumer do? This is it for me, no more responses...no more necessary! THANK YOU SIR, YOU HAVE TOLD US WHAT WE NEEDED TO KNOW! (THE CREW WAS FIRED!) LIKE I HAVE SAID BEFORE, THE TRUTH IS IN THE INSTALLATION, AND NOW WE KNOW WHY WE GOT THE INSTALLATION WE DID...Your General Manager and the Sales Rep. both told us upfront, you had lost a couple of crews, were behind and were trying to get new crews trained and on the job. That's why we figured we got some "new crew" that didn't know what they were doing...Our patio and sidewalks are the proof! Thank You Mr. Kimberlin, YOU HAVE SAID IT ALL...and now, we all know! And NO Sir, you never told us about this...not until now! WOW! Thank You! Rebecca

LET US PERFORM THE WARRANTY WORK! We know and recognize that there are warranty issues. We do not dispute that there are issues to address. Like I said before...... "she says-He says" She says we never called her for three weeks... I say that is not true. She says she was not out of town and was home every night... I say if that was the case why didn't she address the issues she had with the crew in the mornings while they were there and why did she call us from Oklahoma to complain about the chipped drain. At this point does any of this matter????? I am sympathetic to the situation, I know the customer is not happy with the result and as I have said time and time again... we want to do the necessary and required warranty work but, Mrs. Welter will not let us. Rather she wants to try and smear our name by talking about specific events that transpired that right or wrong none of us can change. We can not fix the past but we can address the actual warranty related items now. The only way to fix a problem is to fix it. I have apologized in writing, by phone, in person, and in this forum. As you can see Mrs. Welter is being unreasonable. We know what it will take to fix the warranty issues. THE BOTTOM LINE IS, We want to address the warranty issues, but Mrs. Welter will not allow us to honor the warranty portion of the contract. QUESTION: If a company is willing to perform warranty work as prescribed by the contract and warranty statement, the company offers over $2,000.00 in upgrades at no charge along with a written apology for the inconvenience that they have caused the customer, What more can that company do? I understand that there are companies that rip people off, don't honor warranty's, and avoid there responsibilities. BOSS Resurfacing is not one of these companies. I believe in this web site, in principal, because I know there are many companies and people who take advantage of consumers and they should have to be held accountable. At BOSS Resurfacing customer service is our business. Every company has problem jobs or projects from time to time where it seems that everything goes wrong. That's a given. But I feel it is ultimately how you deal with the problem and what you do to fix the problem that really matters. QUESTION: Is it fair for a company to try and do the right thing to correct problems on a project gone wrong and for reasons we can only guess (pride, morals etc.) the customer rejects all attempts that the company offers to make things right? And yet somehow they are able to use a forum such as this without any accountability. EVERYONE SHOULD KNOW: 1. That not only has Mrs. Welter rejected our warranty resolution but has made several (4) attempts to dispute the down payment charge on her Amex card. The final result of each dispute was the same. Amex, in all four dispute attempts, found that BOSS Resurfacing has made every reasonable attempt to correct the problems and is following the agreed terms of the contract. 2: Mrs. Welter filed a complaint with the BBB. As members of the BBB (since 2000) we are required to provide documentation (contract, warranty resolution etc) for any disputed project. This information is reviewed and evaluated and a disposition is given. The BBB found that we have made, and are sill making, a reasonable effort to rectify the situation. Finally, Mrs. Welter has filed this complaint with the Rip-off Report where there is no accountability what so ever. All she had to do is make a claim or a statement and it's out there. All this is, in this particular case, is a forum where two individuals go through a "she-said he-said battle of words and statements. Whether Mrs. Welter is embellishing on certain points or not, she is not happy with the result of the final installation. We recognize this and we are willing to make it right. Again WHO IS REALLY GETTING RIPPED-OFF HERE? I'm sure that there will be another response or rebuttal from Mrs. Welter but please examine the content. PLEASETAKE NOTICE to how Mrs. Welter complains about things that either we have apologized for or things that are already covered in the warranty resolution. There is no reason to talk about specific workmanship conditions because we do not dispute that the conditions exist. It is pointless to talk about circumstances that led to the conditions at hand. Again, Mrs. Welter, We are sorry for any inconvenience we have caused you. Please reply to our request to schedule the necessary warranty work. As we told you, the crew that worked on your project was terminated two weeks after the completion of your installation. I will send my installation manager to personally address each issue you have. If anyone has an idea for more resonable resolution please feel free to e-mail me at the below address Anyone including Mrs. Welter can e-mail me at [email protected] concerning this issue.

Professional vs. Stubborn? We would not be where we are today, had we been treated Professionally and had the Professional High Quality installation we thought we contracted for. Too many consumers today back off, pay the bill and live unhappy ever after, because they would not stand up for themselves and say "Hey, I did not receive what I contracted for!"...The Sales Rep we had, Mr. Walker, was very kind, but warned me several times that if we did not pay the balance on our contract, Keith Kimberlin would put a lien on our home and take us to court. Keith Kimberlin and his General Mng. both tried to charge us more after the installation to correct some of the problems. Kimberlin stood right in front of me and declared: "We did not know your tiles were that much thicker than our installation (thus leaving the new installation one half inch short of the coping on our pool, which makes it a dangerous hazard for our grandkiddos, guests and even ourselves.) our we would have charged you on your contract for additional materials!" So now, after the fact, they want to charge us more to fix it? And with all the other 16-17 items that were not correctly installed? And when Boss Resurfacing removed the tiles, they didn't notice? Or better yet, when the contract was written, the tile thickness could have been declared by looking at the side of the walkways! Then we could have been told it was an additional charge. We weren't. We were told it would look "EXACTLY' like what we had, except in the new stamped application! We would have never signed the contract had we known this. We received a letter from Kimberlin recently, that states he was putting a lien on our home and taking us to court. She Said - He Said...this is the difference between Right and Wrong. It is wrong to not return calls for three weeks, and to ignore and ignore and only step up to the plate, like our Sales rep said on a call to me one day: " You evidently have Keith's attention now, he wants to talk to you, he got the notice of your dispute on your credit card!" Then to state that I was out of town for 6 days during the installation, I was home every single evening! I started making calls about a problem before the crew even showed up to pour the concrete, but it was ignored, as were all my calls for weeks that followed. The crew left both days in such a hurry, they didn't even bother to knock on the door to notify us they were leaving! And Kimberlin should talk to his foreman on our job...as he was the one that said they did not have the correct color for the Deco Seal, (so we should be happy and not say anything because they used gray and it should have been brown?) did not have time to go to Home Depot to see if they had some, so sent a crew member to Wal Mart. We can only go by what we were told by Boss Resurfacing's foreman, which goes back to when we signed they contract. We asked, will it be exactly what we have now, but in the new stamped installation?" We were told "Yes" and we wish now we had our old installation back! We don't even sit out on our patio, this has been such a frustrating matter. Boss Resurfacing's contract says something like "Warranty repairs will not be done until the balance of the contract is paid in full!" We lost all faith in trying to work this out with Boss and Keith Kimberlin. Many times I told the sales rep. that "if only Kimberlin would return my call, to let this go and go only makes the situation worse and makes us more frustrated!" The Sales Rep agreed and apologized many times that he "was in sales and unfortunately, could not help us on anything after the fact." The TRUTH is not slander and I invite anyone to come out and have a look. My email address is [email protected] I am not angry, I am a consumer who contracted for a beautiful new professionally, high quality patio and sidewalk and did not recieve what I contracted for. Kimberlin can call me stubborn, but right is right and wrong is wrong, and what we are having to live with at present, is wrong. Let Keith Kimberlin fix it under warranty? Why wasn't it fixed back in May when it first happened? I called for weeks, with no return calls! Why say, "we will fix it "under warranty", but you have to pay the contract in full first...or you have no warranty!" Why threaten us over and over again with a lien and court action? Is that Fair? NO. We, in good faith, put up half of the contract, which several consumer agencies advise: "never put up half, pay only a third of the contract." It is wise to read all the Consumer Protection articles you can find, to better protect yourself so that hopefully you will get what you contracted for. And also visit the Texas Attorney General's Office website before signing a contract! Carefully read the Texas Trade Practices Act, and also the Deceptive Trade Practices Act. Many Consumer agencies on the net advise using agencies like Rip Off, television and consumer reporters and the Federal Trade Commission. I have never heard back from the Better Business Bureau. In our case, the TRUTH is in the installation!

Fact: This customer filed a complaint with the BBB (Better Business Bureau) and after reviewing the FACTS and documentation, it was determined by the BBB that the complaint was not vallid (as it pertains to an equitable resolution to the issue) and an adequate resolution was offered and continues to be rejected by the customer. The BBB looks at documentation and phisical evfidence prior to publishing a negitive or positive report as it pertains to complaints.... This forum does not. I don't know what this customer hopes to gain by attempting to slander or discredit our reputation via the internet. I can only assume that it has something to do with the fact that there is no protocall for providing documentation in this forum. Refer to my original rebuttal for the details. BOTTOM LINE-We want to perform the warranty work... however, the customer WILL NOT ALLOW US TO honor the warranty. We have sent several correspondences requesting for the customer to give us a date for warranty work. What we have offered is in EVERYWAY PROFESSIONAL and goes way above and beyond what we are required to do under the terms of the warranty. This customer wants things done on her terms PERIOD with no consideration to the contract. This has gone too far to break contractural protocall. , I hope you would agree that it dosn't help matters much. If you are a consumer considering using our company for work at your house, I would like to invite you to our show room in Grapevine to see for yourself. This customer is mad and has every right to be and I fully understand her frustration. As I have stated in my firs rebuttal statement, I am truly sory for the inconvienence we have caused them and I have proven that we are willing to do more than what was contracted to rectify the situation. We want to perform the work required under the terms of the contract and "Workmanship Warranty Resolution". The customer will not allow us to do so. So who is really getting ripped-off here. At this point I feel that we are at the point of "he-said / she-said" and this issue can not be resolved in this forum. JUST LET US PERFORM THE WARRANTY WORK.

If anyone has a question about the "truth" and "embellishments", please feel free to call me and let me know that you'd like to come see just what Boss Resurfacing has done! The Truth is in the Installation! The one thing to remember is, Boss Resurfacing should have been professional and fixed their errors and faulty installation immediately, I was not out of town during installation, in fact I started calling them because there was a problem before they even arrived that day to pour the concrete. Mr. Kimberlin, nor his general manager would return my calls for over 3 weeks! Instead of coming out to our home and threatening us several times, with a "lien against our home and taking us to court", in order to force their final payment, or they would not repair anything, why couldn't they just be professional and come out and install what they should have installed in the first place...What we contracted for! In order to repair all of these problems, the whole installation has to be removed and a new installation installed! Like I said, the TRUTH is in the INSTALLATION! Please Feel Free to Come Out and See for Yourself!

If anyone has a question about the "truth" and "embellishments", please feel free to call me and let me know that you'd like to come see just what Boss Resurfacing has done! The Truth is in the Installation! The one thing to remember is, Boss Resurfacing should have been professional and fixed their errors and faulty installation immediately, I was not out of town during installation, in fact I started calling them because there was a problem before they even arrived that day to pour the concrete. Mr. Kimberlin, nor his general manager would return my calls for over 3 weeks! Instead of coming out to our home and threatening us several times, with a "lien against our home and taking us to court", in order to force their final payment, or they would not repair anything, why couldn't they just be professional and come out and install what they should have installed in the first place...What we contracted for! In order to repair all of these problems, the whole installation has to be removed and a new installation installed! Like I said, the TRUTH is in the INSTALLATION! Please Feel Free to Come Out and See for Yourself!

If anyone has a question about the "truth" and "embellishments", please feel free to call me and let me know that you'd like to come see just what Boss Resurfacing has done! The Truth is in the Installation! The one thing to remember is, Boss Resurfacing should have been professional and fixed their errors and faulty installation immediately, I was not out of town during installation, in fact I started calling them because there was a problem before they even arrived that day to pour the concrete. Mr. Kimberlin, nor his general manager would return my calls for over 3 weeks! Instead of coming out to our home and threatening us several times, with a "lien against our home and taking us to court", in order to force their final payment, or they would not repair anything, why couldn't they just be professional and come out and install what they should have installed in the first place...What we contracted for! In order to repair all of these problems, the whole installation has to be removed and a new installation installed! Like I said, the TRUTH is in the INSTALLATION! Please Feel Free to Come Out and See for Yourself!

BOSS Resurfacing has been in business for over 10 years and we enjoy a 98.7% customer satisfaction rating. BOSS Resurfacing has pioneered the technology of stamped concrete overlays and its related disciplines. To date we are geographically the largest Ultra-Surface dealer in the United States. We have trained over 60 companies in the art of overlay technologies. Furthermore; We are members of the ASCC (American Society of Concrete Contractors), we are members of the ASCC Decorative Concrete Council, we are members of the ACI (American Concrete Institute), we are also proud members of the ASQ (American Society for Quality) and we have been a member of the BBB (Better Business Bureau) since 2000. Our reputation is indisputable and our word is gold in this industry. We say what we do and we do what we say. Many of the claims made by this customer are embellishments and are simply not true. All of the facts including pictures have been documented and are available to all who wish to see. Specifically..... 1. The customer claims that we did not integrally color the concrete mix before installation. First, it is Important to note, the customer who filed this complaint (the wife) was not home during the installation process. The process used on this customers job was a three color process. 1 color is mixed into the concrete mix and the other two colors are topical treatments. The base color of this job is "mojave sand" (a light tan) 2. The customer says.... that we broke a french drain and we did not fix it. This is also an embellishment. This pool deck had ceramic tile over the entire surface and has three 3" deck drains (not french drains) within the tile surface. During the removal of this ceramic tile, one of the dran flanges sustained a 1/8" x 3/4" chip on the top of the flange where the drain cover is inserted. During the sales process it is explained to all customers that on jobs that require demolition of any type, that though we will be as carefull as possible, that minor damage may occure to drains, skimmer rings, and coping edges. In the case of major damage the appropriate repars will be dispositiond and employed. The customer who filed this complaint (the wife) was not home when this happened. She called our office from Oklahoma to discuss the problem. Ultimatly the repair that was prescribed for this was to apply the overlay around the drain and the missing chipped area would be filled by the polymer modified concrete. This is where one of the workmanship errors occured. The installer did not prperly install the material around the drain creating a low area near the drain in question. As per our "warranty resolution" this will be addressed repaired. 3. The customer says... that there is no deck-o-seal installed between the pool and the deck and that what was installed is incorrect. She also states that we claimed to be too busy to go to Home Depot and get more... so we went to walmart and bought what they had. This is 100% incorrect. We do not purchase this product or any product we install from Home Depot or Wal-mart. For this process we use only the original Deck-o-seal and it can only be purchased at a pool supply dealer or distributor. In this case the installer simply installed the wrong color of Deck-o-seal. This is a workmanship error and this item is addressed on the "waranty resolution". 4. The customer claims.... that we did not install deck-o-seal between the house and the pool deck. Correct, it was not part of the contract so therefore we did not install it. NOTE: as a good will offering and because of the problems with their project, we told the customer that we would install this free of charge during the warranty repairs. 5. The customer states..... that the stamped concrete overlay (application) does not meet with the edge of the coping therefore leaving a 1/2" drop from the coping to the pool deck.This is also an embellishment of the actual condition. On one end of the pool, approximatley 12 lineal feet of the coping is in fact 3/8" higher than the deck. Normally this low area condition is on the contract and the work order would reflect to float this area prior to stamping. This was not on the contract because when the sales representative was at the customers home, the pool deck had ceramic tile on it and he did not see the low area. furthermore; the installer did not notice the mismatch until he got to that portion of the pool deck and because he did not see on the work order to float that area... he did not. We originally told the customer that we would refloat this area at cost and re-stamp it for free. But after evaluating all of the little things wrong with this project we included it on our "warranty resolution" at no charge. Though we recognize that this does in fact need to be addressed.... it is hardly a danger to anyone as it pertains to a trip hazzard or the like. 6. A:The customer states..... that in the area where the original pool deck area that was removed and replaced that ther were no joints put in where the new and old concrete come together and that many cracks are forming. Also an embellishment. In the areas where the new poured concrete adjoins the old sidewalk and pool deck, the installers did not reopen the joints (cut through the overlay) as required causing the overlay to crack in these areas. These items are also addressed on the "Warranty resolution" B:The customer states.... that she made it clear that she wanted us to pour concrete that wont sink, as her previous concrete did over a 16 year period. This part of our contract was to remove and replace the existing concrete area specified and we did. This embellishment implies that something we did is causing her new poured concrete to sink and crack. This is a substrait condition and is not within our control. This is addressed in our terms and conditions disclosure on the back of our contract (also available upon request). Ground conditions can not be controled by any installation company in the world. This is standard throughout our industry. 7. This custome states...... that we did not press the stamp hard enough into the surface and therefore had to use a screw driver to carve out the grout lines. This is also an embellishment made by a customer that was not even there when the installation was performed. When concrete stamps are put into position they fit together on the surface like a puzzle. In the areas between the stamps, small amounts of concrete squeeze up between the stamps (this is what we refer to as a squeeze line). This material is shaved off the day after the stamping process. In this case the customer did not like the semi-rough appearance of the cleaned out grout lines. Again, because of all the issues we were having with this project, on good faith and at no additional charge, I decided to offer to install grout in the grout lines (an $870.00 value). The customer makes the statment that 'this grout will only crack and come out of the lines..' We offered this to the customer at the original point of sale and they turned it down due to cost... and now she states that it will only crack and come out of the joints and that is why she does not want this option..... We have Successfully installed over 180 jobs this year alone with grout and we have never in the history of our company had a complaint that the grout does not hold. 8. The customer states...... that "the stain was supposed to match our home and is nowhere cloese to a match." This customer like all of our customers chose the color of their project from a sample provided to them by the sales associate. We did not chose the colors for the project... they did. The wife was not home and the husband approved all of the colors and profile prior to our starting work. 9. The customer claims...... that she was not given a disclosure statement. This is incorrect... The customer signed The terms and conditions disclosure and warranty statment. These documents are available to all who request them. 10. The customer claims..... that "When you sit in a chair on the patio and move back, it scrapes what stain is left on the concrete off, which means there is no stain mixed into the concrete". Saying that there is no integral color in the mix because her chairs are scratching the surface has no merrit. I explained to the customer that this is not ceramic tile rather it is sealed concrete. A chair that has sharp edges at the bottom of the legs can scratch the sealer and surface. I told her to get new plastic covers for the feet of the chair and this would minumize this condition. 11. the customer states..... that "The three french drains are now taller than the pressed concrete, so they are useless...they will not drain." These are the origional drains that were originally surrounded by ceramic tile. The two drains by the patio were never effevctive even before we installed our product (according to the husband). The fact of the matter is... our material is thinner than the tile we removed therefore, if anything, the drains work better than before. The one drain that was chipped has a low area next to it whitch does need to be addressed by us but the other two drains are as they were before. We did not or could not affect the height of these drains. 12. This customer claims..... that "it took nearly 3 weeks before anyone would address our situation" this is not an ebellishment... it simply is not true! She did not get back into town until approximatly 6 days after the installationwas complete. We responded imediatly and our sales rep.went to the customers house to meet with her. I asked to meet personally with the customer on her time table. When I got to the house at the prescribed time... she was not there. So I met with the husband and he implied that most of the issues he had no problem with and that it was his wife that had the issues. So I schedulled another meeting with the customer (wife). We finally met on the Saturday prior to the submission of the "warranty resolution" ________________ Please review the the following "Workmanship Warranty Resolution" July 12, 2007 RE: Workmanship Warranty Resolution After visiting with you and your husband about the workmanship issues on your project, I have prepared this workmanship warranty resolution which addresses each one of the workmanship concerns on your project. The issues needing to be addressed are not major issues, (as it pertains to the repair process) to correct and will be corrected as required by our contractual agreement. As I explained to you and your husband our goal is to honor our agreement and perform these repairs in a timely and professional manor providing you with an acceptable finished product. Each of the workmanship items we discussed on your project will be addressed and corrected as per our discussion at your home and per our contractual agreement. The following items will be addresses: 1. Float and re-stamp to correct elevation inconsistencies at end of pool near steps and repair low area near drain and skimmers as required. 2. Remove and replace mastic around pool, against house and joints as required with sandstone colored mastic with sand broadcast. 3. Locate all joints and saw cut to provide gap and fill gap with mastic as required. 4. Repair cracked stamped concrete area near deck and sidewalk transition and provide joint and fill joint with mastic. 5. Repair individual damaged stamped stone near sidewalk transition. 6. Repair scratched and damaged antiquing color as required. 7. Clean rough areas in grout lines as required and Install polymer modified grout system in all grout impressions. Color of grout to be selected by the customer. This process, although not on original contract, will be performed free of charge. Though there is nothing we can do about past events and situations, we can correct our workmanship issues as stated above. I am extremely sorry for this inconvenience and will work tirelessly to correct these workmanship issues as required by our contract. As we discussed on my visit to your house, we are prepared to make the necessary repairs as stated above. The only provision to this procedure, and as per our agreement, is as follows: Your current balance for your project is $4,141.00. As per our discussion we will accept payment of $3,000.00 with the balance of $1,141.00 to be retained by you and will be due upon completion of all workmanship issues. We would like to schedule the dates for these repairs within the next two weeks. Please review your calendar as we would like for you or your husband to be present so that each individual issue is approved as they are completed. Thank you, Keith Kimberlin BOSS Resurfacing President __________________ 13. The customer states... "Now, Keith Kimberlin, Owner of BOSS Resurfacing says they will repair all these "workmanship errors" (again, AFTER HE HAS BEEN PAID IN FULL!)" ...as you can see this is also an embellishment. At no time have I asked for full payment. The customer also states...... "They try to say these are "WARRANTY ISSUES"...but any warranty issues I have ever had was something that didn't work after the fact...not something that was not installed"..... As I have explained to this customer time and time again,the reason that this is concidered workmanship warranty work, is because most of the issues in question were not raised until the crew had completed the work and left the job "after the fact". Any and all workmanship related issues are addressed on the final date of installation. In this case they were not addressed while the crew was there because the only person there at the time (the husband) did't have a problem with the installation. THIS IS NOT saying that we are not resposible for the workmanship issues. We are!!! All I'm saying is that as soon as the installation crew left the job upon the husbands approval, any subsiquent warranty related work must be addressed under the terms of the warranty as specified in our contract. Technically, in order for the warranty to be valid... the contract must be paid in full. We have, as you can see in the "Waranty resolution", ammended this stipulation of the contract so that the customer would still retain a portion of what is due out of good faith until final repairs are completed. It is a matter of semantics with this customer, she says it is not warrant work and we say it is... She was not there on the day of completion PERIOD and these waranty related issues were not brought up until she got back in town 1 week after the final date of installation. Therefore it is WARRANTY WORK.That is the purpose of the warranty TO WARRANTY THE WORK. In this case our installation crew made some workmanship errors that are easy to correct and will be corrected if this customer would let us honor the warranty. The reason we have the workmanship warranty is to protect the customer in case of workmanship related issues. We stand behind our product and the workmanship of our installations. Because we understand the customer's frustration, we have offered to go above and beyond the parameters of the contract to satisfy this customer. We are willing to address all of the issues raised by this customer as per our contract, even though the customer has breached the contract. We have nothing to hide and we WILL, at any time, disclose all contractural information pertaining to this installation to all who ask. e-mail your request to [email protected]. We have apologized for the inconvenience to this customer by phone, in person and in writing. What more can we do? The job simply has some warranty related issues that need to be addressed. Per the warranty statement on our contract major issues are to be addressed on the date of installation. Her husband was there and was initially satisfied with the installation. Had the issues been brought to the attention of the installers when they were on site they would have been addressed and we would not be where we are today. The issues in question were not issues (except for the chipped drain) to the husband but they were to the wife when she got back in town. Finaly, BOSS Resurfacing has delivered the product that was contracted and as per our contract, will address any and all workmanship issues this customer has as stated in our waranty as long as the terms in the "Workmanship Waranty Resolution" are met.