I disagree with the explanation / grounds provided"Bela Vista Contractors, Inc.
750 E. Sample Rd. # 3-2
Pompano Beach, FL 33064
marcio@belavistacontractors.com
Phone: (954) 644-3121
Fax: (954) 301-5462
License: CGC1508411
February 5, 2018
RE: Claim #3829634-257182
Complaint by Guillerme Schlemper, A.K.A. William Schlemper
To Whom It May Concern:
I, Marcio C. Silva, President of Bela Vista Contractors, Inc. categorically deny each and every claim made by Guillerme Schlemper, A.K.A. William Schlemper, (“SCHLEMPER”) in the above-described complaint.
On June 16, 2015, BELA VISTA entered into a contractual agreement (“Contract”) with SCHLEMPER for the remodeling of his condominium unit situated at 201 LINCOLN COURT, DEERFIELD BEACH, FL 33442 (the “Property”). Prior to the signing of the Contract, and without BELA VISTA’s knowledge or involvement, SCHLEMPER hired unlicensed contractors to perform work at the Property without building permits, for which he was issued a Stop Work Order and fined by the City of Deerfield Beach (“The City”). At SCHLEMPER’s insistence, SCHLEMPER and BELA VISTA (collectively “the Parties”) submitted building permit applications, signed by both Parties before Notaries Public, to the City immediately after signing the Contract on June 16, 2015. After reviewing the applications and requesting additional documents and architectural plans, the City ultimately approved the permits and agreed to waive the fines against SCHLEMPER on August 25, 2015.
The following day, on August 26, 2015, SCHLEMPER demanded that BELA VISTA withdraw from the project. Although BELA VISTA had been prepared to begin the work upon City approval, BELA VISTA promptly agreed to SCHLEMPER’s request provided he sign a new agreement acknowledging cancellation of the original Contract. SCHLEMPER did not reply to BELA VISTA’s request until October 15, 2015, and only met with BELA VISTA on November 4, 2015. At this time, the Parties entered into a new agreement (“Closeout Agreement”) in which BELA VISTA agreed to withdraw from the project, release any claim or right to claim a lien at the Property, and refund SCHLEMPER the full balance of the Contract. In particular, BELA VISTA tendered SCHLEMPER a check for the full contractual amount of $11,500.00 (eleven thousand five hundred and 00/100 dollars), which he accepted and deposited. At no point was it the case that the “the police was taken to [BELA VISTA’s] door” in order for SCHLEMPER to obtain a full refund.
BELA VISTA has performed no work whatsoever at the Property to date. No BELA VISTA employee other than myself and no BELA VISTA subcontractor has visited the Property. Moreover, no BELA VISTA employee or subcontractor has initiated any kind of personal contact with SCHLEMPER after entering into the Closeout Agreement.
To the best of my knowledge, SCHLEMPER soon applied for and obtained approval from the City to replace BELA VISTA and its subcontractors with new contractors while retaining the same building permits. However, BELA VISTA is not responsible for any faults or defects in the work of other contractors, licensed or unlicensed, hired directly by SCHLEMPER prior to, after the cancellation of, or outside the purview of the Contract. Neither is BELA VISTA responsible for any fines and/or delays caused by the failure of SCHLEMPER and his other contractors or workers to obtain the necessary building permits or licenses prior to commencing work; nor for any delays caused by SCHLEMPER’s unexpected request for BELA VISTA to withdraw from the project shortly after the permit had been approved.
Unfortunately, SCHLEMPER has waged a campaign to harass, defame, and libel BELA VISTA while seeking compensation for alleged damages either imagined or unrelated to the Contract, or caused instead by SCHLEMPER’s own conduct or lack of conduct. In 2015, SCHLEMPER filed a complaint with the State of Florida Department of Business and Professional Regulation, which subsequently investigated and dismissed the complaint. In 2016, attorneys retained by SCHLEMPER threatened to file suit for an absurd claim in excess of $84,000.00 (eighty-four thousand and 00/100 dollars), but likewise soon dropped the case. Nonetheless, SCHLEMPER has left threatening voicemails on my personal cell phone and sent threatening emails to my employees. In the past several days alone, SCHLEMPER has posted several libelous reviews of BELA VISTA, demanding payment for alleged damages, on such websites as Google, Porch, Yellow Pages, and Yelp.
I appreciate the opportunity to respond to these baseless accusations. I hope you will dismiss this frivolous and vexatious complaint.
Please do not hesitate to contact me if you have any questions. I am able to furnish documents attesting to the above upon request.
Yours sincerely,
Marcio C. Silva
President"