Public Mediation

Dalton Tree and Home Care Dispute

S. M. vs. Dalton Tree And Home Care
3121 Middletown Rd., Bronx, New York, 10461, United States
    • 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: Dalton Tree And Home Care
    • Claimant Seeks: View.
    • Claim #: 5590039
    • Amount Involved: 8,000.00
    • Filed On: Sep 09, 2014
    • Posted On: Sep 25, 2014
    • Complaint(s):
      • Failure to disclose facts
      • Failure to honor promises
      • Contract / Agreement dispute
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Statement of Claim
Claimant says:
"We hired them for roof demo-ed, meaning, stripping the old ones and put new ones for the entire house in a professional manner.They stripped the front and installed the new ones but It looks sloppy,then they just put new shingles on top of the old ones when they did the back portion.And now a part of the ceiling in our room below the back part is now leaking.I tried to call the contractor a couple of times but doesn't answer nor returned my call."
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Exhibits View
Additional Communication Between Claimant and Dalton Tree And Home Care Hide
  • Sep 09, 2014, Dalton Tree and Home Care (responding party) added:
  • This was a job that was done in January in one of the worst winters in NYC's history using asphalt shingles which are very problematic in the cold. The roof was not just leaking, it had actual holes going straight through it, in the size of three feet long by one foot wide. I was informed that they could not afford to have it repaired. I felt very sympathetic, so I added up the numbers, gave them the best possible price and agreed to accept payments over a 12 month period because they had actual holes in their roof it was not really an option to just let it go. After removing 6 layers of shingles over 800 square feet of roof on a 12 to 1 pitch, in the middle of January in one of NYCs worst winters, i then installed new paper and shingles it was artic weather and and every step of the process was problematic. the front roof was fixed and it was agreed to wait till spring to finish the back roof. the work was supposed to be done before the end of may and was started before that however at the end of may i still needed a couple days to finish. it was an active jobsite. At this time the homeowner informed me that they would not pay the remaining balance since the work was not completed that day!!!!!!!!!!!! Well i have no choice at this time i cannot in good faith continue work on a project that i will not be paid for. I gave them a highly discounted price. I performed the emergency work in the worst possible conditions. I carried the financing for them at 0%. and i was already$ in the hole 4000.00$ i explained to them that the roof was not complete and that i could not continue knowing that they were not going to pay. I did not have the money to operate. They looked at the roof and decided the work was all cosmetic and they rolled the dice that they would get a 6500.00 windfall. the only remedy is to be paid in full UP FRONT and be allowed to finishg the roof. I really thought they were nice folks. Now i just feel screwed.

  • Sep 10, 2014, Claiming party added:
  • Yes, there was an actual hole in the front, which is why I called for a contractor, but when he quoted the price for the repair against the price of the whole roof demo-ed, I chose the latter.He asked for an advance payment of $2000., upon contract signing and another $1000 after the job is done as per agreement, which we gave him even after he said that they will return in May to finish the job. He even made another contract that they will do the job in a professional manner with our approval. We also had a signed loan agreement that the balance amount will be paid over a 12 month period which we religiously sent them even though they stopped working because of the winter storms. He even commended us for paying on time, and I called him last April to remind him of the back job. He said he's booked for May, but he could fill me in on May 24, which didn't happen. He showed up and worked May 26 ,27 & 30 and showed me the sloppy job. I told him, I'm not a roofer, but anyone could say that the roof was sloppy done. He said he'll come back the next day to fix everything ,and I reminded him that he only had the next day or my balance will be forgiven as stipulated in the contract.By the way, in January, when he requested to return in May, he said the back roof is almost done because they will just re- roof ,but I said no, because our contract said "roof demo" and I showed him the contract which he agreed to. I have copies of the contract and agreements pertaining to this deal. He said the roof is completed but when he was supposed to return to polish the job, he did not show up.

  • Sep 16, 2014, Dalton Tree and Home Care (responding party) added:
  • The previous statement by Mr. Magpantay is not representative of the truth. I was actively on the job, had agreed to finish to his expectation when he and his wife decided to utilize a loop hole to get half the cost for free. The portion of the contract he is referring to was to provide assurance that I would return and that in the event I didn't he wouldn't be accountable for the balance owed. It WAS NOT a means for them to find a way to get half their roof for free, which is what they did. I did ask to schedule the remaining work on Monday after the last day of work which was on a Friday, at which time he informed he would no longer be making good on the balance owed. I could not afford to continue to work for free. Please note we "did not show up" as Mr. Magpantay states because and ONLY because he blatantly informed me he was not going to fulfill his end of the agreement. Payment refusal was not because of sloppy work but because he chose to pervert the intention of one clause of the contract in order to get something for nothing.

  • Sep 17, 2014, Claiming party added:
  • If representation of the truth is what Mr. Bratcher wants to talk about, then he knows he's perverting it. When he saw cash is flowing, because we're paying on time, he returned to continuously con us by re-roofing the back part of the roof instead of stripping them and put a new roof as the contract specified. He claimed that he already lost money, it's because he's not even present when his "crew" were installing the shingles.He comes in the morning to drop his crew and return in the evening to clean up, what does he expect? Anyway, attached here are pictures and the contract that he presented to us to prove how sloppy the work he did. By the way, I applied for a solar panel that's supposed to be installed at the back portion of the roof . Guess what, I was denied , because they found new roofs on top of 2-3 layers of old roofs. I'm still waiting for the surveyor's report so I could post it too.

What Claimant Wants Hide
1. Money to pay a real contractor to re-do my roof. Sep 22, 2014 $8,000.00
Cash total : $8,000.00
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Respondent's Counteroffer Hide
What By When How Much
1. pay balance in full and allow me to complete my job. after i am done we will have an independant roofing contractor do a quality check and any errors will be paid for by me to that contractor to fix.this gives me my money for my work and you the roof for your money and a second opinion for comfort. Oct 04, 2014 $3,570.00
Cash total : $3,570.00
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Offer History
Sep 09, 2014
Dalton Tree and Home Care's counter offer to Claimant
Sep 09, 2014
Claimant's Terms of Settlement to Dalton Tree and Home Care
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