RAS Enterprises

When I visited the property several days after the excavation, I found the exposed foundation hole to be filled with water, ice and snow. I have been told by the municipal code enforcer and other excavation specialists (whose opinion the code enforcer defers to) that, as a result of the failure to pour the concrete foundation immediately after the excavation, the hole and the integrity of its walls have been compromised, will continue to be significantly damaged by water, ice and weather, and will need to be completely redone (probably with heavier machinery) or replaced, after the winter. (And, if the latter course is necessary, the original excavation will have to filled in.) A week after the foundation hole was dug (and left exposed), R.A.S Enterprises President Roger A. Swingle left a message for me, saying that he would have to raise his estimate/quote for the entire job by 50%, to $103,000. I declined to enter any such new or modified contract, and, in an email message sent on December 11th, 2013 citing the ruined foundation hole, demanded that R.A.S. Enterprises refund my deposit, with a deduction for the actual payment to the excavator (provided that R.A.S. Enterprises supplied proof of the excavator?s subcontract and payment). I asked Mr. Swingle to pursue payment from his insurance coverage for the cost of repairing or replacing the foundation hole, and to send the check to my current address, by certified mail. In an email message sent on December 16th, 2013, Mr. Swingle wrote that he would send the refund check ?asap? (?minus money spent on your job, with a detail of expenses already incurred?). On January 15th, 2014, he sent an email to me implying the check had been sent a month earlier. I replied the following day, explaining that I had not received the check, and asking if he had in fact sent it via certified mail, as I had requested, and, if so, what the tracking number was. To date, I have not received a response from Mr. Swingle.