Complaint Review: Eric Neilsen - Dallas Texas

These two young men lost the case in Dallas Small Claims Court on October 23 2007. Philip Poindexter and Todd Scalf hired me at $40hr plus material to remodel their bathroom. It was simple time and materials verbal contract. They heard that it could be done meant that it would ONLY cost an estimated amount. What they fail to tell you in their complaint here is that there were unseen cost that were talked about before the job was started. It was explain that until we pulled up the floor there would be no way to tell how much work was needed to repair the problem. They also fail to tell you about all the add ons and delays caused by their own ability to get out of the way. Their claims failed to have merit in court and fail to have merit here. Was it a perfect job? No, but through their direct action they caused the job to end when and where it did. The evidence was presented to a judge in the court system here in Dallas. They were required to pay a substantial portion of the final bill; they were required to pay my lawyers fees. Why? Because they were primarily dishonest. Here is an excerpt from an email mistakenly sent to me as well from one of the defendants' mother. LET HIM DO IT. HE IS TRYING TO INTIMIADATE YOU. HE HAS NOTHING IN WRITING. NO CONTRACT, JUST VERBAL AND IT WENT OVER. DID YOU TELL HIM NOT TO COME BACK AND FINISH, OR DID HE JUST NOT COME BACK? LETS JUST SEE WHAT HIS NEXT MOVE IS, IF HE DOES DO SOMETHING, YOU CAN FIGHT IT OR WE CAN JUST PAY HIM TO MAKE IT GO AWAY This in response to Philip and Todd's response to my request for payment that ends with We have no intention of paying any more. We have discussed this situation with Todd's parents' attorney. If you want to take this any further, we are prepared. Regards, Phillip Poindexter Did they ask me about the cost involved in their tile choice? No. Did they think that I'd pay for a window not included in the original estimate? Did they think that I'd pay for the removal and installation of all new dry wall when that was not in the original estimate? Do they think that I have x ray vision and could tell them why their sink could drain? Or why their floor was rotten? Their claim here of do MOST of the demolition is a complete fabrication. The managed to remove one built in cabinet and poke a few holes in the dry wall but didn't remove any floor tile, wall tile, remove the old toilet, built in sink cabinet, etc. As a percentage of demolition that these men performed less than 10% was accomplished by the two of them. Finishing work that they performed was causing me more time to redo so I just stopped trying. They were responsible for acquiring the tile. There efforts were incomplete and caused delays. Their lack of a complete idea on what they wanted caused additional delays. I could go on with more explanations as to what happened on their job, but this case has already been made in front of the appropriate legal avenues. They lost there and failed to file an appeal. It was after they lost in the appropriate legal area that they posted to this site. They broke off the dialog toward any resolution with a threat of legal action and refusal to pay. I am sure they know how hard it is to prove liable and slander cases in court, so they continue to post their lies to a site like this. However, I don't really know which one of these men are really behind this attack. He is a quoted email I received from Todd letting me know that they made their payment for the court award. Eric, We'll mail the total amount to your attorney's office tomorrow, so hopefully he'll receive it on Friday. We've decided it wouldn't be worth the time and stress to appeal, and fight the ruling. Hopefully you'll let the court know final payment was made at the end of this week so we can move on. On a more personal note, I'm really embarrassed and sorry it had to go down like this. And I can truly sympathize with your position and respect that you thought you were owed more money, I know it seemed like we were upset by the cost, but it was more about the cosmetics of the bathroom that were distressing. The final product wasn't what we envisioned or expected for the money we had given you, and were willing to give you. I know, Hindsight is always 20/20, but I really do wish things could have been worked out where both parties were happy with the final result. We're glad it's over, but I do know a lot more about contracts and small claims court now, so it all wasn't for not. Good luck, Todd A site which made no effort to inform me that questionable information was being posted about me. If this site has any validity or integrity, they would require the poster to pay for via registered US Mail, a printing of their post to this site. It is only through the protection of the legal system that this site is allowed to post such false and misleading information. I f they are truly interested in resolving issue fairly and openly this would be their policy. So let's question what chip is on their shoulder? With absolute disgust and all due respect, Eric Neilsen

What we didn't know about small claims court; Don't make another mistake we made and think pictures alone tell the whole story. We thought since the job was so poorly done all we needed were the pictures to tell the truth. What really needed were estimates from license contractors on why the job was sub-standard. Since the court proceeding's we've had two contractors look at the bathroom and both were in agreement the job was not good work. Both said it would take 1-3 days and cost between $1100.00 to $1600.00 to fix. If only we had that information before our small claims date. Stupid and ripped-off we were!

http://community.webshots.com/user/scammed community.webshots/user/scammed

If you choose to hire Eric, please take these facts and opinions into consideration before doing so. Don't make my mistakes...ask for references and a WRITTEN contract.

Eric lied in court and insisted that we were both informed of his hourly charge on numerous occasions. He ended up getting more money. Do not hire him as a handyman. If you are considering hiring him, I will be more than happy to email you pictures of his "quality" handy work.