Public Mediation

JWC Excavation-Dispute-#1006181

K. M. vs. Jwc Excavation
5700 Highway 377, Aubrey, Texas, 76227, United States
Amount Involved: $800.00
    • 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: Jwc Excavation
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Statement of Claim
Complaints Involved (3) - View
Additional Communication Between Claimant and Jwc Excavation Hide
  • Jun 25, 2013, JWC Excavation (responding party) added:

  • Mr. Muehlstien,

    In your claim you have stated it took over two months to start your job. This is not possible. I first made contact with you on 3-15-2013. The following is a timeline of events
    • 3-15-2013 Meeting at your house (You sent me a text with your contact information.)
    • 3-24-2013 Email sent to Mr. Muehlstien asking for the needed Permit information.
    • 3-25-2013 Mr. Muehlstien responded with the need information
    • 3-26-2013 Permit filed with Little Elm (Permit clerk entered it in the computer on 3-27-2013 at 3:11)
    • 4-4-2013 City responded with needed adjustments.
    Throughout the next several weeks I worked with the city to accept the existing plans.
    • 5-2-2013 Mr. Muehlstien was called and notified of the permit approval and He sent a text for asking for a schedule. He was advised 50% of total invoice was due prior.
    • 5-6-2013 a text was sent asking for Mr. Muehlstien to place a check in the envelope and please give it to the Forman installing the culvert. Mr. Muehlstien advised the Forman he would like the extra dirt.
    • 5-7-2013 Forms set up, concrete poured, forms were removed, and back filled.
    • 6-15-2013 Threatening text sent by Mr. Muehlstien. Mr. Muehlstien was contact and advised not to send any sort of text or phone call of this nature again.
    • 6-19-2013 Crew sent over to remove the dirt from Mr. Muehlstien Driveway. Mr. Muehlstien calls and asks if I will move the dirt to another location. He was advised this was not a part of the job. I was not going to do any favors for him after the text he sent.

    Mr. Muehlstien you are claiming it took over two month to start you project. In fact it was only 29 days from the day we made contact. Of which more than 50% of those days was dealing with permitting issue.
    You have also stated it too three months to complete the job. The job was complete on the 7th of June and the dirt was left on site. YOU had requested to my Forman to leave the dirt there.

    You are also asking for $50 dollars per hour because I wasted your time. I did not request you to be on site. You were there on your own accord. I have completed what was agreed on and I will not agree to your settlement.

    You were there while the work was being complete. You were satisfied with the work and paid the remaining balance on June 7th

  • Jun 26, 2013, JWC Excavation (responding party) added:

  • Kurt's complaint is a misrepresentation of the facts. First of all proposal did not include engineering his scope of work, this was done for free. Negotiations with the Town was done by contractor even though it should have been done by Kurt prior to construction. The Town absolutely denied his driveway as it did not meet code. Contractor twice declined to do the project but Kurt insisted. After contractor got the Town to approve the field engineering, the work was done as agreed. Kurt had a change of mind about the excess spoils as he was going to use it for another one of his projects. He than pursued the contractor and demanded he remove the spoils under threat, contractor agreed to remove. When contractor showed up to remove, he had the adacity to ask that they move the dirt to yet another location for a secondary project. Kurt in my opinion is slandering JWC and there are enough existing documents, emails, texts and witnesses that can verify this. If I was JWC, I would seek legal action.

What Claimant Wants Hide
1. Pay me for my time: $50.00 per hour of time I took off work waiting for him to show. 16 hours Jun 30, 2013 $800.00
2. Other – Pay for claim posting cost Jun 30, 2013 $7.99
Just make me happy!
Claimant invites JWC Excavation to make a fair offer to resolve this complaint.
Cash total : $807.99
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Mr. Muehlstien,

    In your claim you have stated it took over two months to start your job. This is not possible. I first made contact with you on 3-15-2013. The following is a timeline of events
    • 3-15-2013 Meeting at your house (You sent me a text with your contact information.)
    • 3-24-2013 Email sent to Mr. Muehlstien asking for the needed Permit information.
    • 3-25-2013 Mr. Muehlstien responded with the need information
    • 3-26-2013 Permit filed with Little Elm (Permit clerk entered it in the computer on 3-27-2013 at 3:11)
    • 4-4-2013 City responded with needed adjustments.
    Throughout the next several weeks I worked with the city to accept the existing plans.
    • 5-2-2013 Mr. Muehlstien was called and notified of the permit approval and He sent a text for asking for a schedule. He was advised 50% of total invoice was due prior.
    • 5-6-2013 a text was sent asking for Mr. Muehlstien to place a check in the envelope and please give it to the Forman installing the culvert. Mr. Muehlstien advised the Forman he would like the extra dirt.
    • 5-7-2013 Forms set up, concrete poured, forms were removed, and back filled.
    • 6-15-2013 Threatening text sent by Mr. Muehlstien. Mr. Muehlstien was contact and advised not to send any sort of text or phone call of this nature again.
    • 6-19-2013 Crew sent over to remove the dirt from Mr. Muehlstien Driveway. Mr. Muehlstien calls and asks if I will move the dirt to another location. He was advised this was not a part of the job. I was not going to do any favors for him after the text he sent.

    Mr. Muehlstien you are claiming it took over two month to start you project. In fact it was only 29 days from the day we made contact. Of which more than 50% of those days was dealing with permitting issue.
    You have also stated it too three months to complete the job. The job was complete on the 7th of June and the dirt was left on site. YOU had requested to my Forman to leave the dirt there.

    You are also asking for $50 dollars per hour because I wasted your time. I did not request you to be on site. You were there on your own accord. I have completed what was agreed on and I will not agree to your settlement.

    You were there while the work was being complete. You were satisfied with the work and paid the remaining balance on June 7th
    "

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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