Keith
Dover,#2REBUTTAL Owner of company
Wed, October 25, 2006
Renee & Andrew, I wish I could agree with your report however, I do have insurance but not erros and omissions as this is not required with General Contractors. Your requested to make a change long after you had inspected and ordered all of the materials and this has left me dumbfounded. I have earned 121 credits from Northeastern University, Boston, MA, and attended from 1978 thru 1983. This is equivalent to an ASSE. Yes I still need to earn 11 more credits but these are electives. I have also earned an equivalent BSBM from St Mary's College, Moraga, CA, with only an additional 3 credits needed. I have always been honest, fair and forthright and never have been reported on any service. Potential customers need to understand that you folks controlled all of the material deliveries and also controlled every inspection. Having stated this it should also be noted that you folks wanted all that was provided and stated that my work was excellent and clean. To state now my work was wrong is stating your inspections were faulted. My biggest problem with your statements is that you left out that you wanted to change the radiant heating after a concrete pour and wanted to change to an individual room approach for control purposes. This approach did not lend itself to a practical application. The 8.5" concrete floor would not be capable of being controlled due to its mass. I checked with several plumbers who have done many such application and they confirmed my observations. The original design being yours and the fact I did not profess to be an expert in any area you wanted relected the pricing offered and agreed upon. Had you gone with a certified plumber, electrician, HVAC technician as well as a concrete foundation company you would have exceeded the mere $23,500 I charged for such a project. The fact remains the costs just for such work would have exceeded $50,000.00+. You both insisted that assistance was all you wanted and that qualified personel would be forthcoming when you applied for a permit next year. The letter that follows is what I responded when I left your site on September 4th (Labor Day). It is a response to you request to defraud the insurance company becasue you had decided to change to an individual room controlled radiant heat application. Papillon Builders, LLC Papillon Kitchens & Papillon Flooring Registered Trade Names Adding value with trust, experience and quality craftsmanship Date: September 11, 2006 Renee & Andrew Alstead, NH 03602 Subject: Insurance Claim on Radiant Flooring Dear Andrew & Renee: In pursuant to our discussion, I received a call from my insurance company with regards to filing a claim for the installation of the radiant flooring of the Quonset hut project. After reviewing the situation with my agent, I was advised that the insurance company would not cover the changes via insurance as this was not an error in installation, but a scope change by the customer. Because of this, we are at an impasse and would like to propose a couple of solutions in moving forward. As we both are aware, this project is now under stop work situation; thus resulting in a change in the final end date of the project. To bring this project back on line, we must agree on one of the following solutions: 1. Continue with the project as installed to-date. The project will need to be re-aligned into the current list of projects that Papillon Builders LLC has scheduled. If this is agreed upon quickly, we should be able to accommodate the installation and completion of this project before the year end. 2. If zoning modifications are an absolute, Papillon Builders, LLC is willing to perform the necessary tasks under time and material. Once modifications are completed, the project will go back to the original scope and time line noted (with a modified end date). 3. If you feel you do not want Papillon Builders LLC to complete the tasks at hand and would like to breach the contract, we fully understand and would agree to do so at no impact to either party. Papillon Builders LLC is hopeful that you will allow us to complete the project and hope that we can come to an agreement on how to proceed with this matter. We have enjoyed working with you and hope we can continue to do so in the very near future. If you would like to discuss this matter further, please do not hesitate to contact me. Kindest Regards, Keith