PLEASE SEE LETTER ABOVE FROM OUR ATTORNEY.
Description of Work: PLEASE SEE RESPONCE TO THIS FRAUDULENT COMPLAINT FILED BY MR. RICAHRDS. PLEASE SEE RESPONSE LETTER FILED BY OUR ATTORNEY. ANY QUESTIONS OR IF YOU ARE TRULY INTERESTED IN THE TRUTH - PLEASE FEEL FREE TO CONTACT US DIRECTLY OR YOU MAY ALSO CONTACT OUR ATTORNEY. ( SEE LETTER BELOW) _________________________________________________________________________ Law Office of Alexander Alvarez www.aalvarezlawfirm.com 11401 S.W. 40 Street, Miami, Florida 33165 | Telephone: 305.220.5165 | Facsimile: 786.228.4890 February 10, 2012 VIA FACSIMILE & U.S. MAIL Hayes G. Wood Wood Pascucci & Mordes 9200 South Dadeland Boulevard Suite 509 Miami, FL 33156-2713 RE: Raynard Richards v. Miami Custom Pools & Spas, LLC 10666 NE 11th Avenue, Miami Shores, FL 33138 Dear Mr. Wood: Please note that I have the privilege of representing Lesette Figueroa, Cathleen Ciuba, and Miami Custom Pools & Spas, LLC (MCPS). This will serve as a response to your letter of February 3, 2012. First, you are on notice that Miami Custom Pools & Spas, LLC had and has every intention to construct your client’s pool. My client immediately started the permitting process and hired an engineer for plan design. The delays were not caused by MCPS, but by your client’s refusal to obtain an updated survey. He has been apprised every step of the way that the survey of his home that he provided for the permitting process was outdated. The survey he provided, attached for your ease of reference, is dated August 6, 2003 – more than the 7 years maximum allowed by the Miami Shores Village Building Department – regardless of whether your client submits an owner’s affidavit that conditions have not changed. Quite simply, your client did not want to incur the cost of a new and updated survey. In fact, as recently as January 31, 2012, our respective clients met to discuss this issue and your client understood that he would likely not get approval from Miami Shores Village until he provides that updated survey. Also, contrary to your assertion, my client has already spent funds toward the construction of this project. These include but are not limited to $900.00 to the engineer and a total of $650.00 towards permitting (Building, Health Dept., Electrical and upfront permit fees). The only "situation" here is your client’s refusal to obtain an updated survey. Once that is obtained, MCPS can proceed with the construction as contracted. You also mention "forged" signatures in your correspondence. My clients are not aware of any forged signatures. As you did not identify which documents contain forged signatures, no further reply can be provided. However, your client signed all necessary documents before the permit runner. If any signatures were forged by the permit runner, they were done so without my client’s knowledge or consent. Please note that the contract clearly states that all deposits are non-refundable. If your client chooses to cancel the contract, he will forfeit the contract. As such, your request for a refund of the $2,800.00 deposit is rejected especially as my client has already expended money on this project. Finally, please advise your client that any false statements made by him about my clients to third parties, including the Miami Shores Village Police Department and/or Building Department, that result in damage to my client will be litigated. If you would like to discuss this matter further to avoid needless litigation, please feel free to contact me. Sincerely, ALEXANDER ALVAREZ, ESQ. alex@aalvarezlawfirm.com Law Office of Alexander Alvarez www.aalvarezlawfirm.com11401 S.W. 40 Street, Miami, Florida 33165 |Telephone: 305.220.5165 | Facsimile: 786.228.4890