Home Inspections Of Central Indiana, LLC

On 22 May 2012 we asked our Property Manager to give Mr. Porters email address and phone number to do work above. In Someone from his company showed up to our house and took measurements and found out exactly what we wanted to repair on our residence deck. Then we heard nothing until we contact our Property Manger again around the 5 Jun 2012. On the 20 Jun we received the estimate for the rental property but nothing for our residence. I email Mr Porter and received a corrected estimate next day. He also asked for down payment to cover materials and then we asked how to choose the stain or does he pick that up. We were told that he purchases the stains at Lowes and for us to give him the color. We provided that information and also the color for the trim paint. Mr. Porter stated that work would start a week later. Mr. Porter's crew finished both jobs around Jul 2. The heat was terrible; temps were 95 plus with heat index well over 100 degrees. We made our final payment and thought we were done. 9 Apr 2013 we contacted our manager again because the stain had peeled off our decks. He contact Mr. Porter and we did not hear anything again. 24 May, We contact Mr. Porter directly and he apologized for not communicating with us but was busy and asked if we would call him. Over the phone we asked if he correct this issue and he said yes and he would start within 3 weeks. He asked if we could send him some pictures of our decks. So we contacted our tenant and sent pictures of all three decks that same day. He stated that he would have to get with Lowes to replace the stain first. A week passed by and no word, so again we contacted him. We asked if he received the pictures and he replied yes and was going to talk to Lowes manger the next day. 12 Jun we asked when will he start because we would have to remove items from the decks. His reply on 14 Jun was start date of 10 Jul. We felt this was not reasonable and express (demanded) that this should be complete by 30 Jun because we have waited for him to contact is since Apr. The he expressed that we could contact his Lawyer if we wanted to. Again he stated that he can buy all the stain and cover the affected areas and start Jul 10. We felt that he would need to power wash (strip) decks and then reapply the stain. We agreed with start date of 10 Jul and asked which property first. He stated rental property. Fine, please let our property manager know so that he can inform the tenants. On 8 Jul we gave Mr. Porter another option give us $1000 and we would purchase new product and apply it ourselves. We figured that would be his Labor cost. On 10 Jul we received an email from his Office Manager (wife) that she was in contact with Olympic Paint rep and trying to get a refund. Once they received the refund Mr. Porter will start. Now they wanted to provide us with 10 gals of stain for the money for us to purchase the stain. We declined that offer, wish for our decks to properly stained. 18 Jul we contacted our property manager to see if has been contacted. The response was no. Around the 23 Jul we called Mr. Porter to see when he was going to start. He expressed that is was going to start on the 25 or 26 Jul at the rental property. I express that he would have to contact our Property manager again to let the tenants know. That Friday 26 Jul we drove past our rental property and nothing was done. Following Monday 29 Jul we contacted the property manager to confirm if he was contacted, answer was no and that he would reach out to Mr. Porter. 30 Jun we receive a contact like email for signatures and the way it was written would just have Mr. Porter staining the decks without stripping them first. We express that we would be glad to sign a statement after the work has been completed but not before hand. Here is the final string of emails with Mr. Porter: Well to start we never had a contract to begin with. My attorney told me i had no legal reason to re do your decks as i said i am doing this because i have morals. I sent you the contract from the advise of my attorney he stated if you dont sign it dont do the work that is where i am at have a good day. I will not argue back and forth if you want to sign it fine if not i dont care either David Porter On Jul 31, 2013, at 7:52 AM, "NOVAK, DAN CIV DFAS" <DAN.NOVAK@DFAS.MIL> wrote: > Mr. Porter, > So you expect us to take your word that you will complete the work. You have given us verbal commitments and have ignored them or flat out refused to honor them. We have been very patient with this process and complied with your request up to this point. We even have been sympathetic with you being busy and not getting back to us in a timely manner. This process has gone on now for 4 months. In our original contract you never stated that you work is not guaranteed. You purchased the products and you reputation is in questioned here. You have agreed to correct the error and have recovered monies from Olympia on these pretenses. We have to take it on blind faith that you will do the right thing or do we have to take time off work to supervise your to do the right thing is we sign this or not? > As you told me over the phone you do not like to be threatened, nor do we. I take this as an ultimatum, all we asked for the last 4 months is correct the issue and make it right. Dan Novak -----Original Message----- > From: David Porter [mailto:homeinspectorofindiana@gmail.com] > Sent: Wednesday, July 31, 2013 7:36 AM > To: NOVAK, DAN CIV DFAS > Cc: Hicks Property Management; Daniel novak > Subject: Re: Decks > So you expect me to just assume you will sign something that will release me from doing this again after i do the work? I am really starting to get annoyed i dont even have to do this there was no guarantee for the life of the stain from my company. I am doing this because i have morals but i will be honest with you i am about to forget them! Sign it before we start or i will not do the job. > David Porter > On Jul 31, 2013, at 6:59 AM, "NOVAK, DAN CIV DFAS" <DAN.NOVAK@DFAS.MIL> wrote: >> Mr. Porter, >> Your paragraph does not state that, one sentence states that we requested you to remove and re-stain the decks. Another sentence states that you will re-stain the decks. >> You have agreed to honor your work and redo our decks. You asked us to give you some time to get with Lowes to recoup the product which Lowes Management refused your request. You have asked for pictures of our decks to send to Olympia to recover money for the stain. Which we provided the same day you asked. You have verbally committed 2 start dates and as of today still have not started. Now you send us this contact for us to sign. >> From all of our emails back and forth and communication over the phone have solidified a contract between us. Currently you are in breach of that contact. We wish to finish this so that we both can move on with our lives. We will not sign this document until you have finished the work. Second you will provide Mr. Ladd with a start date so that he can inform the tenants that you be at our rental property. Third you will also notify us when you will start at our rental property. Once all work has been completed to our satisfaction then I will sign off that your work is completed. >> Very respectfully, >> Dan Novak >> -----Original Message----- >> From: David Porter [mailto:homeinspectorofindiana@gmail.com] >> Sent: Tuesday, July 30, 2013 1:29 PM >> To: Hicks Property Management >> Cc: NOVAK, DAN CIV DFAS; daniel novak >> Subject: Re: Decks >> It does say that already. It say removed and re stained >> David Porter >> On Jul 30, 2013, at 1:08 PM, Hicks Property Management <hicksproperty@gmail.com> wrote: >> David, >> I am sure that you're planning on stripping before applying the new stain but would you mind adding that language to your document? I believe once that is clarified then the Novak's will be ready to sign it. >> Thanks, >> Matthew Ladd >> Associate Broker/Realtor >> Prudential Indiana Realty Group >> Hicks Property Management >> 1680 West Main Street >> Greenwood, IN 46142 >> 317-881-7900 Office >> 317-887-4043 Fax >> 317-260-0340 Cell >> prudentialindiana.com/mladd >> On Jul 30, 2013, at 9:57 AM, David Porter <homeinspectorofindiana@gmail.com> wrote: >> David Porter >> Begin forwarded message: >> From: Home Inspections Of Central Indiana <homeinspectorofindiana@gmail.com> >> Date: July 29, 2013, 11:28:09 PM EDT >> To: homeinspectorofindiana@gmail.com >> Cc: Nicole <nickiport@hotmail.com> >> Subject: Decks >> July 29, 2013 >> >> Dan Novak >> 128 Pine Tree Lane >> Noblesville, IN. 46060 >> >> Mr. Novak, >> In July of 2012 Mr. Porter stripped and stained decks at 6431 Meadowpond Way Indpls, and 128 Pine Tree Lane, Noblesville, IN. He has been notified that the stain has peeled off and you would like it removed and re-stained. Olympic stains has agreed to replace the cost of the stain so Mr. Porter has agreed to come and re-do the decks although his company does not offer any warranty or guarantee on the work itself. Mr. Porter will re-stain the decks this time, however if there are any problems in the future with the decks concerning the stain, Mr. Porter does not guarantee the life of the stain or how long it will last on the decks, however Olympic stains has a lifetime guarantee on their stain if you were to purchase it yourself which we tried to refund you money so that you would have this option. Please sign below stating that Mr. Porter will not be responsible for anything further once the decks are completed for the second time and the work can be started. >> >> Thank you >> >> David & Nicole Porter