Our Side the Story: I, Joshua D. Smalling was contacted on January 8th 2016 by the Complainant around 5:00 P.M. He said that a car had ran into his barn and he wanted my Company to stop by and take a look at it, shore up the site for safety precautions and until the adjuster could complete an estimate. We arrived at the location and waited for the firefighters to remove the car from the side of his barn. We then received approval from Complainant and we cleaned up the property and stabilized the site as requested by Complainant. On January 12, 2016, I was contacted by Complainant to write the estimate for Erie Insurance. The adjuster and I have worked together before, and he trusted me to provide an honest estimate, in which I did. My assistant emailed the Complainant a copy of our work authorization on January 11th, 2015 and asked him to sign and email back. I didn’t get a signed copy back from the Complainant so when I arrived to give the estimate I brought one with me form Complainant to sign. The entire insurance claims process was explained to Complainant and that my process is that before I write the estimate that I need our work authorization signed if he was going to have us do the work. For insurance claims such as this one, this is a standard business practice for my Company, as I am required to invest a great deal of time writing the estimate, working with the insurance company and getting approval to do the work. Thus, we want to secure the job, through an executed Work Authorization, before putting all of the time and effort into the claim. The Complainant also asked that while we were at his property repairing the barn would we run electricity from the 200 amp service in the barn in conduit to meet code out to his pond for his new fountain, as well as a small drywall repair in the house and painting that wall. We agreed verbally to handle the repairs to the barn as well as these extras. However, I further stated that I have to have the Work Authorization signed before Erie will accept my estimate. The Complainant stated, “Oh your definitely going to do the work, the job is yours”, and he executed the work authorization. . I immediately went to work on the claim, getting in contact with the Erie insurance adjuster. He and I worked together several hours to get the bid together. The adjuster told me what he was thinking as far as the scope of work that he was willing to pay for, but also wanted my professional opinion on the barn structure, since I am the one who originally built the barn. I spent over two hours taking measurements and examining the structure before placing the bid in xactimate (an insurance estimating software program), then forwarded it to the Erie Adjuster, who then agreed to pay for the entire scope of work. Since Erie is on symbility (a different insurance estimating software program) the Erie adjuster converted my estimate to this program with their prices. After my final review, I finalized the estimate on January 19th, 2016; and the Erie adjuster notified me that he was issuing payment minus depreciation. On January the 19th I personally sent the Complainant a copy of the signed work authorization and I thanked him for entrusting me with the work. On January 23rd, 2016, I received an email from Complainant asking me to forward him a copy of the bid, in which I complied. On February the 7th, 2016, I was contacted by the Complainant via text, that said “Hello Josh we should be getting a check next week we will be talking to you about the repair that we would like to have done and the cost of those repairs”. On Monday February 8 Complainant walks in the office with the check from Erie for the temporary repairs that we did for them on the day of the loss, which paid my Company in full for the original clean-up and stabilization of the barn, but for nothing more. Shortly thereafter I contacted Complainant regarding the work that I was to complete and reminded them that he had signed work authorization for us to do the work as described in the bid. Simply put the Complainant received the insurance proceeds through our efforts and then wanted my Company to rebid it for the entire scope of which I originally wrote the bid. Even further, the Complainant then contacted one of my sub-contractors asking him to do a limited number of the repairs on the original estimate. On February 17th, 2016 I e-mailed the Complainant to determine their intentions regarding the Work Authorization and when I was to begin the work. On February 18th, 2016 Complainant informed me that he had already fixed the front door of the barn, that he was going to do the painting on the inside, that he was only going to patch the metal on the outside of the building instead of fully restoring it, and that he could live with the way the way the Barn was at that time. He also proceeded to tell me that the only drywall repair that he was going to do was the small one in the closet downstairs inside, closest to the overhead door, said he could paint the closet himself. It is my opinion that, Complainant is in breach of the Work Authorization in which he executed with our Company and the oral agreement we had with regard to my Company to provide the needed repairs, funded by insurance proceeds that we helped obtain. It is further or belief that the Complainant’s intent was to use me to get him the money and then under cut me, while breaching our contracts. I did nothing wrong here, and I am seeking legal counsel to the fullest extent necessary to recoup our profits lost on the job, time lost, attorney fees, and fraudulent dealing with Complainant.. In the 13 years that I have been in business, I have never, ever had a client do this to me, and I don’t intend to let this Complainant get away with what he is trying to do to me. It’s not right; I want to see that he won’t do this to me or any other contractor ever again.