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GUIlherme Schlemper vs. Bela Vista Contractors Inc. #Cgc1508411

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W. S. vs. Bela Vista Contractors Inc. #Cgc1508411
4826 NW 53rd Cir, Coconut Creek, Florida, 33073-3316, United States
    • Claimant Seeks: View.
    • Claim #: 3281744
    • Amount Involved: 53,747.00
    • Filed On: Jan 25, 2018
    • Posted On: Feb 05, 2018
    • Complaint(s):
      • Failure to honor promises
      • Contract / Agreement dispute
      • "This feels like a scam to me."
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Statement of Claim
"Abusive and irresponsible ! The owner of this company, Marcos Silva is a dishonest man, he shares his license with incompetent unlicensed individuals who do very low quality work, like FB installation. They opened a work permit on my property when I never hired them, over lies as this company was supposed to belong to someone else. Marcos Silva gave me the run around for months and blackmailed several times in order to give me my refund, forcing to sign documents to exempt himself from his responsibilities and only processed the refund because the police was taken to his door.
They are both being sued and have been reported to the BBB for major damages, incompetence and theft !
They still haven’t refunded 11500.00"
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Exhibits View
Additional Communication Between Claimant and Bela Vista Contractors Inc. #Cgc1508411 Hide
  • Feb 02, 2018, Claiming party added:
  • THESE VALUES ARE INCORRECT - I RE-SUBMITTED THE CLAIM SINCE I CANT FIND A PLACE TO CHANGE IT !

  • Feb 02, 2018, Claiming party added:
  • ALL PAYMENTS ATTACHED

  • Feb 02, 2018, Claiming party added:
  • ALL PAYMENTS

  • Feb 02, 2018, Claiming party added:
  • $53747.00 ALL RECEIPTS AND PICTURES ARE AVAIALBLE

  • Feb 02, 2018, Claiming party added:
  • PLEASE ADJUST THE CLAIM VALUE

  • Feb 02, 2018, Claiming party added:
  • MANY MORE EXCITING AND RECEIPTS AVAILABLE

  • Feb 05, 2018, Claiming party added:
  • INSPECTION

What Claimant Wants Hide
1. DAMAGES AND LOSES Feb 17, 2018 $53,747.00
Cash total : $53,747.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • 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"

This claim will remain posted until resolved.

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Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
Awaiting response from Party
J Petaluma commented
J Petaluma (Comment):
"I'm having a hard time understanding this one. It sounds as if the contract with Bela Vista may have been an attempt to get around the fines and permit problem? Am I wrong? It would be highly unusual to sign a contract one day and then sign a withdrawal from the contract the next day. Either the claimant paid Bela Vista or not. If Bela Vista wasn't paid (or was paid and then refunded the payment) and didn't do any work, I don't understand why the claimant is filing this."
 (11 months ago)
Reply
Offer History
Jan 24, 2018
Claimant's Terms of Settlement to Bela Vista Contractors Inc. #Cgc1508411
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