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E.L. vs. Recast Industries, Inc

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E. L. vs. Recast Industries, Inc
127 W Hudson St, Long Beach, New York, 11561, United States
Amount Involved: Other terms
Complaint(s): Bad business practices | Other
    • 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: 2 non-monetary items.
    • Claim #: 7939169
    • Amount Involved: N/A
    • Filed On: Sep 14, 2022
    • Posted On: Sep 25, 2022
    • Complaint(s):
      • Bad business practices
      • Other
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Statement of Claim
Claimant says:
"Hired Recast Inc for remodeling. Signed contract on 5/27/21. The project duration was approx 4 months. Wrote a check for $21,382.50 upon signing. First few months, they came regularly, but as months went by, they came sporadically. Some weeks, they never came. Other weeks, they came only once or twice in few weeks. Once I signed a contract, they ask large payments, and intentionally, they leave extremely small amount of balance towards the end. I paid more than $210K from May 21 -Aug 22 and only $4,691.25 balance left to pay upon completion of their work. Now I know why they did that. After Recast Inc received most money from us, they tried to dismiss the contract. There was so much work left to do, but they refused to complete the project that they promised to finish. The solution they offered was terminating the current contract with them & hiring someone we like to complete rest of the project. The owner of the company, Chris said the remaining balance of $4,691.25 is more than enough to finish the job they couldn't finish. Please do the math and see if the remaining balance would be enough to cover for materials and labors for the following items Recast didn't complete. They did not install a 36K BTU Mitsubishi heat pump, high hats, CO on the 3rd floor, an Anderson storm door, two regular storm doors, 2nd floor staining job, install doorknobs, remove a 75gal water heater from the basement that promised 8 months ago, install water faucet in the back of the house, fix the navien fire-resistant door for serving clearance space, bunch of other punchlists, fix constant electric issues that we are dealing with, etc. Recast installed a brand new Navien unit and passed the inspection. After the inspection passed, they installed a fire-resistant utility door AFTER the inspection. They completely disregarded the regulations for service clearance space and installed a fire-resistant door away from the unit. If the unit needs service; it is impossible for a technician to work around the unit because there is no space needed for servicing the unit. Recast tries to end the current contract with us unilaterally! I never agreed to end it. Why would I end the contract when there is still so much work left to do AND I paid so much money already? THIS IS UNLAWFUL because I NEVER AGREED TO END THE CONTRCT!!! In addition, the owner lied to me that installing a split unit in the attic is illegal because attic shouldn't be finished & livable. He argued that he didn't know the attic was used as a bedroom. This is lie. He knew exactly how we used the 850sq ft attic space in 2018 and 2021. I contacted Recast 8/22/22 and said that I've been patient with them and have worked around their workers' schedule. Chris, the owner called me back and started yelling over the phone. He notified that he is ending the contract whether I agree or not. My opinion about their workmanship and my request to complete the job did not matter to him. He came to my house 8/25/22, we went over the punchlist, and I reminded him of work needs to be completed. Chris dominated the conversation in aggressive, rude, and hostile manner. I was hurt when he made sarcastic remarks. He forced me to sign the form. I told him that I am not ending the contract. The owner read the puchlist to me and I signed the form acknowledging the punchlist. A few days later, he emailed me a copy. It says, "The parties agree to terminate the contract signed and dated on 5/27/2021, etc.... Clent has been informed of the terms of this agreement-signature is not required." He can't end the contract unilaterally! THIS IS UNLAWFUL because I NEVER AGREED TO END THE CONTRCT!!! I acknowledged the punchlist he read, but I never agreed to end the contract! The owner said whether I sign the form or not, Recast is terminating the contract. This is breach of contract. Recast owes us to complete the work they promised OR pay other contractors to complete the work for them. Without my consent, he wrote two checks ($250 & $100) and left them on the table. I told the owner that I am not accepting it and I am not ending the contract."
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Exhibits View
Additional Communication Between Claimant and Recast Industries, Inc Hide
  • Oct 03, 2022, Recast Industries, Inc (responding party) added:
  • A threatening email from Recast Industries, Inc in Sept 2022 with false statements.

  • Oct 03, 2022, Recast Industries, Inc (responding party) added:
  • A threatening email from Recast Industries, Inc in Sept 2022 with false statements. I will not stop complaining until they complete the project as promised. Otherwise, pay other contractors to finish the job you failed to do.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: punchlist items Sep 30, 2022 N/A
2. Complete project: A heat pump, CO, High Hats, Punch List, Staining Job, etc Oct 28, 2022 N/A
Cash
1. Other – Pay for claim posting cost Sep 30, 2022 $14.99
Cash total : $14.99
Non-cash: 2 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
George Maxwell commented
George Maxwell (Comment):
"Is this a fixed price contract or is it a time and materials estimate? That makes a big difference."
 (5 months ago)
Reply
Awaiting response from Recast Industri...
Claimant dislikes
Claimant: ():
"Dear Mr Maxwell. I did not understand your question. What do you mean by "Is this a fixed price contract or is it a time and materials estimate?" This is what I want from Recast Industries, Inc. If they refuse to complete the job, I ask $45,000.00

Lee family asks Recast Industries, Inc to complete the project as they promised.
1. Install a 36K BTU Mitsubishi heat pump split unit according to the size of the room (based on a specialized split unit company, which I already told Recast before. The online BTU calculator of 850sq room with closet is 36K BTU.
2. Replace 3rd floor recess lights/fixture & install a smoke alarm.
3. Install a smoke alarm on the 2nd floor room.
4. Repair & Seal the ducts that are open to the wall in the basement (PICTURE ATTACHED).
5. Connect the ducts properly that are open to the wall to prevent further leaking and loosing air to the wall.
6. Repair the navien unit clip lock (PICTURE ATTACHED).
7. Install an Anderson storm door for the front door.
8. Install 3 storm doors (one on each side of kitchen door & side of the front entrance foyer).
9. Install 1 SMART thermostat (NEST) on the 1st floor.
10. Re-do the 2nd floor staining job (remove furniture, hotel stay expense). Sent pictures of the floor condition.
11. Reimburse the hotel cost when Recast repeated the 1st floor staining job.
12. Repair the water faucet in the back of the house.
13. Re-do the fire-resistant utility door for the navien unit & create enough servicing clearance space.
14. Fix the electrical issues of the breaker (Bedroom lights go out constantly).
15. Install missing window screens.
16. Cabinet alignments and remove stains (PICTURE ATTACHED).
17. Paint touch up on doors (PICTURE ATTACHED) & re-do the bathroom paint (I told them the bathroom paint was Benjamin Moore, but they painted with Sherwin Williams. The color did not match).
18. Refund the basement work as listed on the contract.
19. Clean & Remove stains on the kitchen cabinet (DID NOT complete on 8/25/22. PICTURE ATTACHED)
20. Re-Install the kick plate for the dishwasher (DID NOT secure the kick plate on 8/25/22)
21. Remove the hot water heater in the basement.
22. Install two latches on the 2nd floor room closets.
23. Seal the basement HVAC lines from the basement to the outside.
24. Install door knobs for the window seats and basement utility door knob.
25. Repair the front door step (PICTURE ATTACHED).
26. Repair the damage of the front door during installation (PICTURE ATTACHED).
27. The 3rd floor has no heat and no A/C because Recast subcontractor electrician removed the electric baseboard. Recast is responsible for installing a heat pump according to the size of the room.

I would need to send you additional pictures. How can I send them to you? I hired a plumber and he found ducts that are blowing air to the open wall. We are constantly losing and wasting air to the wall. Please help."
 (5 months ago)
Reply

Respondent's Counteroffer


There has been no response to this claim from Recast Industries, Inc. This claim will remain posted until resolved
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