This is what he signed…(It states that unless he marked the stump line in question, how do we know where it is and would be responsible if hit)…also deals with gutters (which last year MANY downspouts froze and did the same thing…this is not our issue)…plus the sealants / caulking must be done yearly 7.) Additional Terms. -As discussed in item #4 …Due to the machines being used to construct said project, there will be grade work needed at the end. This is NOT included (unless specified in this contract). A simple back blading is done to level off (top soil, sod, or any other type of landscaping is not incuded0. -Due to unseen objects below grade (electrical, gas, water, sprinkler, drain tiles, sump lines, gutter extensions, etc…), Contractor is NOT held responsible for any damage to them. Please call 811 for these utilities to be marked (this is a free service). If not marked, and objects were hit that need repairs, Homeowner can arrange said repair or Contractor will complete at an extra cost. If marked and hit, Contractors will be completely responsible. - Even though cement decks are considered “maintenance free”, there is maintenance required. (i.e. … the caulking must be checked yearly and redone as needed, as well as cement may need sealing.) - NOT including in bid are: Any gutter / downspout work (such as extensions below), Re-locating A.C. units – (If needed), Re-locating or adjusting any existing vents and / or pipes for high efficiency units or exhausts – (if needed). It is obvious he was VERY happy with the end product (see his “complaint” …he said he was). The issues at hand … even though they were not our responsibility…you can see that I offered (very politely) to fix our project part that the plumbers torn apart. He responded that he does not want to deal with us again (of which I offered again with no response). PLUS when a job is done during the winter time we ALWAYS explain that it is a VERY slow process (for obvious reasons). Kyle’s email responding: Good morning [member name removed], I pray this email finds you and your family well (under the circumstances, of which I am going to address). As you have stated, the job came out beautiful and at the time (before the pipe issue came up), you mentioned the outcome was great. The issue in the design of the roof was solely because the transoms above your window were higher than though, so we had to adjust the roof so that it would not hinder them, yet we did not want to raise the roof so it was too high…I thought it came out awesome. As far as Jason goes, we tried him that position of “supervisor” for “a season” and because of your job and some others, we no longer have him in that capacity. He is the best in numbers as well as figuring out situations like your roof…but not communication. We have adjusted this for future jobs and he is no longer “supervising” jobs (just so you know your opinion did not go on deaf ears…we value your and other customer’s opinion…we do not think we are perfect and I am always listening). As far as the issue of the pipe that was hit with a footing dig, if we knew we hit a pipe (and usually we do because it comes up with the auger in pieces), we would have stopped like we always do. It has been confirmed that this pipe was nicked on the side, yet damaged non-the-less (but unknown to anybody. At the time of digging the footings, there was nothing marked nor mentioned about a sump line being there or any idea of its location. The first time we hears about it being hit was when we received pictures of that area all dug up and our stairs torn out. Although, contractually, we are not responsible for anything hit underground if it’s not marked, Jeff said he would take a look at it when winter is over. [member name removed], the frost laws are just now (we understand) being lifted this week…possibly. Then we get this Angie’s list letter(?)…we were already dealing with each item you mentioned. I believe I address all your concerns that were mentioned and I am truly sorry it turned out this way. We have moved around the personnel since your project…and although contractually we are not responsible for anything hit underground without being marked (and we would have proceeded if we knew we hit the sump line)…we are willing (because we value you as well as have high integrity) to repair our part of the project that someone else, who does not know construction, seemed to simply tear apart. Understand that this offer is going against what others are telling me I should do..but I do not do things based upon what the world says to do, but on “what is right” to do. I pray this is satisfactory, not what any of us desired..but like I often say, “Anybody can build these things, but it is when something happens that shows the integrity and heart”…We were never given the chance to address this issue until after everything was torn up (and it was during the winter) and until the frost laws are lifted…to the construction world..it is still winter (smile). Most humbly sent and will wait for your reply before proceeding. My desire is to end this with both parties satisfied (neither are going to be happy, of course, it is costing both of us money)…but now that I explained the situation as well as dealt with the other issue, I value your opinion. Kyle [member name removed] email responding to my second email asking if they received the first email: Yes. We received the email. Your version of events is not even close to ours. We reached out to Jeff and awaited a response. We got none. I tried to call him twice, no return. All we wanted was what was right. We have already spent thousands and still aren’t done. When my entire plumbing system backed up my first thought was not to call Kyle Builders. When I did we go NO Response. Frost restrictions do not prevent phone calls nor a knock on the door. The gutters still leak, the lower level leaks, the gutters froze and made the deck a skating rink and the back yard is a wreck. You seem like we did something wrong??? You own the non responses , and the loose ends. But I have no interest in dealing with you guys again. We paid your premium to prevent this. Lesson learned. The above is [member name removed] response to the below: On Apr 9, 2015 12:47 PM, “Kyle Humphrey”wrote: Good morning [member name removed], I am sorry to bother you :) I just want to make sure you received the below email (I don’t trust this whole email thing where my words go out into space and down again to another house…so I don’t want to bother you, but rest knowing it did not get lost in outer space. Thanks, blessings, Kyle Kyle responded to [member name removed] (of which there was no response back and have to assume that [member name removed] doesn’t even want us to fix what the plumbers tore apart): [member name removed], I hope I did not come across as saying anything was your fault…it certainly was not. I was trying to stick strictly to your complaint and the solutions that were taken since, as well as asking you if you would allow us to fix the part of the deck that had to be removed to fix the sump line, so at least that part would not cost you anything. I will not bother you again…please let us know if we can repair this part. As far as “not responding”, here is Jeff’s response to that call: When [member name removed] called the office, I visited the site and spoke with his Father because [member name removed] was not home. His Father showed me what was done by the plumbers, as well as spoke about the leak. I did not see a leak at that time. I then spoke with [member name removed] after that and explained that they should have called us first to dig up the footing and that we would have helped (knowing how things are constructed). I also explained that we cannot tell where everything is underground. If we had known we nicked it, we would have repaired it at that time. The city inspected each hole and even they did not see the nick on the sump line either. I told [member name removed] we would talk about it at our meetings and get back with him but there was nothing that could be done now anyway. Two weeks ago we talked about maybe resetting the steps temporarily, but that was it until the winter was done. Below is [member name removed] email regarding getting the final payment and how happy he was before this sump pump issue and downspout freezing: From: [member name removed] [member email removed] Date: Thu, Jul 10, 2014 at 5:26 PM Subject: Re: Deck To: Jasonjason@kylebuilders.com Thanks Jason. Is there a final inspection sticker or certificate? As for payment, I will double check your invoice with our numbers and see how quickly we can get the balance transferred. Fyi someone left a red hose out back. Thanks for finally finishing. We are happy with final result just expected it to be sooner. [member name removed]