Public Mediation

Jack N vs. James Brandy

J. N. vs. James Brandy
1203 Oxford St, Pittsburgh, Pennsylvania, 15205-3815, 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.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 2339719
    • Amount Involved: 9,529.98
    • Filed On: Nov 01, 2018
    • Posted On: Nov 12, 2018
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Overcharge or billing error
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Statement of Claim
Claimant says:
"Brandy was hired to remove and replace a walkway, driveway, and 4 retaining walls, ( Brandy only removed 3 of the 4 walls), regrade portions of the yard, create river gravel gardens on both sides of 1 walkway, tint and treat new walkways and patio, restore and regrade excavated areas adjacent to new concrete, and leave site in good, clean, debris free condition.

Terms were an advance payment of 1/3 before starting work, a second 1/3 advance payment after patio and walkways were done, and the final third upon full completion of the job.

Specifications were provided which included 4" of concrete over 4" of tamped gravel for the walks and patio and 5" of concrete over 5" of gravel for the driveway.

Brandy provided only 3 3/8" of concrete over 1 to 2 1/2' of gravel on the first walk and patio, provided 4" of gravel for the 2nd walk, then requested and received the 2nd advance payment.

When I questioned his preparation for the driveway ( 3 3/8" of forming over as little as 2" of gravel ) he walked off the job, taking his tools, leaving the walkways/patio unfinished, and the driveway partially excavated. He never returned, making no attempt to return the remainder of the first and all of the 2nd advance payment, ( $ 9,500. ) despite repeated phone calls and text messages.

After several weeks, I referred this to the District Attorneys office for potential criminal prosecution and hired another contractor to complete the job. An additional 4 full 10 ton truck loads of dirt had to be removed from the driveway to permit the specified 5" of concrete & 5" of compacted gravel before the completion work could begin.

At this moment, the work is about 95% completed, meeting and exceeding the same specifications Brandy agreed to provide, with most of the remaining work required to complete the job being Brandy's unfinished work along the walkways and other cleanup. ( ie, removal of concrete splashed on our front doors, sliding patio doors, Japanese Red Maple tree )"
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Additional Communication Between Claimant and James Brandy Hide
  • Nov 01, 2018, Claiming party added:
  • The total I'm looking for is $ 9,525, not the total as listed in the BBB forms.

  • Nov 01, 2018, Claiming party added:
  • I'd like to rephrase my original comment in favor of the following:

    Once finished, all concrete jobs look the same. But improperly constructed jobs don't wear or last the same. Usage and our freeze/thaw cycles can cause shoddily constructed driveways to crack and fail. Contractor responses frequently include: " I can't guarantee the job forever", "might be a problem with something under your yard, ie, subsidence, or maybe a heavier vehicle drove over it", or "none of my other customers/jobs have had this problem" leaving the trusting customer stuck with a failed job and little recourse.

What Claimant Wants Hide
1. Payment due: Refund the balance of my down payment Nov 16, 2018 $2,000.00
2. Payment due: Return of my advance apyment Nov 16, 2018 $7,500.00
3. Copy claim to regulators Nov 16, 2018 $14.99
4. Pay for claim posting cost Nov 16, 2018 $14.99
5. Other – Physical delivery charges Nov 16, 2018 $4.99
Cash total : $9,534.97
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from James Brandy. This claim will remain posted until resolved
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  • Contributed Solution: by George Maxwell On 11-13-2018
    Verify contractor registration, talk to the Attorney General, Small Claims court as last resort. More...
If you are a party to this claim, click here.
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