Public Mediation

Rosiar Construction, LLC-Dispute-#2161532

D. S. vs. Rosiar Construction, Llc
2071 S Olaf Dr., Lakeside Marblehead, Ohio, 43440, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Rosiar Construction, Llc
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 2161532
    • Amount Involved: N/A
    • Filed On: Sep 24, 2012
    • Posted On: Oct 05, 2012
    • Complaint(s):
      • Bad business practices
      • Customer service runarounds
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"Two years ago I contracted with Dean Rosiar to erect a garage and to enclose the deck on my property.

Two problems require service:

1) The roof of the porch enclosure leaks.

2) The garage door will not stay up unless fully opened.

As regards problem 1, Dean has been out 3 times to attempt to fix the leaks. Each attempt has proved unsucessful. He contends that the leaks are not his problem. When Dean was constructing the enclosure he did point out an area where there was water damage to the existing soffit. The enclosure, in paticular the roof, was added to the deck to amend this water management problem. The design and construction of the roof was entirely done by Dean Rosiar. Dean knew there was a water management issue when he constructed the roof, he had pointed the damage out to me but, his design of the roof, its construction and 3 attempts to stop the leaks of the new roof have failed to alleviate the leaks.

For problem number 2, all that is needed is a simple adjustment to tighten up the spring system of the door so that it will stay open. The door is large, 10 feet high and 20 feet wide. We do not require the door to be fully open each time we use it. In the garage door's present state my wife cannot use the door. She hasn't the strenght to fully open the door. I can only keep the door open by using a stick to push the door up to the end of its travel. Dean Rosiar bought and installed the garage door as part of the garage construction agreement.

Dean Rosiar fails to accept the responsibility for either problem. He contends that the roof leaks are not his fault because of a pre-existing condition. It's true, as I stated, there was a water management issue prior to Dean's construction of the deck's roof but Dean knew this and failed to adjust his design and construction to contend with and rectify the issue. I do not know if Dean Rosiar thought his design would handle the water issue and considered his design adequate or whether he did not consider the water management of the roof at all. Dean never suggested an alternative design solution to me. The design and constuction was his and his alone.

I do not understand Dean Rosiar's reluctance to adjust the garage door system. He bought the door system and with the help of his son installed the door system. It was part of the garage package purchased from Dean Rosiar Constuction, LLC.

The roof leaking problem was apparent almost immediately. So the leak problem has been an issue from the onset. The garage door problem surfaced somewhat later. During one of Dean Rosiar's unsuccessful attempts to fix the water leaks of the deck's roof, I showed him that the garage door system needed an adjustment in order for the garage door to stay up. Dean at first asked if he had installed the door. I thought it a funny question at the time but after I assured him he had installed it he said he needed some special tools and would be back at some future date to make the adjustment. After multiple phone calls and multiple broken promises made by Dean Rosiar to come and adjust the garage door, it remains today, in need of adjustment. The roof still leaks.

Last Friday, September 21, 2012 during my penultimate call to Dean Rosiar he at long last told me the truth , he was not going to come and adjust the garage door. He then proceeded to hang up on me. I made my final call to Dean Rosiar minutes after he had hung up on me where I listened to him berate me, the customer, about his, Dean Rosiar, having to come back 3 times to fix leaks that are not his problem and without further compensation for his effort too. Just before Dean hung up on me the second and final time that day, he said he'd come and adjust the garage door. I do not believe him.

I do believe Dean Rosiar to be a man without honor. I do believe Dean Rosiar may be mentally unbalanced and for these reasons Dean Rosiar is no longer welcome on my property."
...
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Additional Communication Between Claimant and Rosiar Construction, Llc Hide
  • Oct 16, 2012, Rosiar Construction, LLC (responding party) added:

  • Rosiar Construction has contacted JVS Garage Door Company, and has contracted them to both fix the springs and complete a full assessment of the door's functioning. Mr. Sienkiewicz may call JVS directly to set up an appointment. The cost will be billed directly to Rosiar Construction.

  • Oct 25, 2012, Claiming party added:

  • Rosiar wants to settle only 1/2 of the claim. While it is good he now wants remedy the garage door problem, he offers no resolution on the leaky porch roof. I paid 100% of Rosiar's price for the work with good American greenbacks & I want 100% resolution of my claim for closure of this complaint.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: I want a different contractor to rectify the problems that Dean Rosair refuses to own up to & fix. The bill for the work to be paid for by Dean Rosair, LLC.,. Oct 09, 2012 N/A
Cash
1. Other – Copy claim to regulators Oct 09, 2012 $14.95
2. Other – Pay for claim posting cost Oct 09, 2012 $7.95
3. Other – Physical delivery charges Oct 09, 2012 $6.90
Cash total : $29.80
Non-cash: 1 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
What By When How Much
1. Repairs Oct 13, 2012 N/A
Non-cash: 1 items
  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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