Public Mediation

Tim Curby-Dispute-#4703479

K. E. vs. Tim Curby
810 Riverview Court, Sacramento, California, 95822, United States
Amount Involved: $1,149.00
    • 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: Tim Curby
    • Claimant Seeks: View.
    • Claim #: 4703479
    • Amount Involved: 1,149.00
    • Filed On: Jul 19, 2012
    • Posted On: Jul 30, 2012
    • Complaint(s):
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"I bought a house in Sacramento, this was a major fixer upper.
The fences on all three sides needed replacing. Each of the three neighbors agreed to pay for half of their side. They agreed to the price the contractor set around $25 per lineal foot. When the fences were done, two of the three neighbors paid their share with no complaints, they loved the fence.
The only one who complained was Tim Curby and his wife.
We noted that they were really nice when we met, then became belligerent and rude to us for no apparent reason. After all we were increasing their property values and improving the neighborhood by taking care of this large run down mosquito invested house.
We attempted to collect from Tim and his wife on many occasions, with phone calls, and we went to their front door and knocked when we saw that their car was in the driveway. They hide from us and did not answer the door
At this point the amount owed is sum of $1,099.00 because A new fence was built separating our properties. (again we had a verbal agreement that we would split the cost 50/50 and all attempts to collect the money has been unsuccessful.)

This is the Curby's chance to settle this matter.

Based on the foregoing, I expect payment in the amount of $1,099.00 plus a $50 late fee = $1149 (mailed to Edwards 3317 Kempton Ave #301, Oakland, CA 94611)"
...
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Additional Communication Between Claimant and Tim Curby Hide
  • Aug 19, 2012, () added:

  • The Fence that was put up was very shoty job ,when I came home the fence was up but the post were only in the ground a foot and very little concrete was used. on top of that they placed dirt on the concret around the posts to hide what little bit they used , the fence slats were stapled with small staples and are all ready coming loose when I stood in the middle of the lengh of fence which was 100 feet or so the whole fence moved back and forth with little effort, at each post when you moved the top the bottom moved the same as well. I have built a lot of fences and know what I am talking about. I also am in the construction bussiness and have never seen such a pour job the concret was not enough the posts were not deep enough and the concrete was not allowed to set up on top of all this. We live right next the river and the ground water is very shallow. This lady is going to turn this house and I am going to be stuck re building it. There was no 3 partys because a man choose to to his own side. As I said earlier I do construction and the fence that has been up for 30 years is stronger than the one she hired to put up. This project was a 2 day job that was up in a half day from what my other neighbor told me. Idid speak to her expected A satisfactory job no one uses small staples to build a proper fence I did show her how bad the fence moved from one end to the other and how the posts moved at the bottom, she later had the fence builder come back and tryed to make the bottom better which is impossible. Like I have said I now have a fence I am going to have to rebuild which I have all ready made some small repairs and w have not been through a wet winter yet.
    ,

  • Aug 19, 2012, () added:

  • AS for as I am concerned this was a very poor job and Kira should not have payed her contractor. the fence was around 100' long we live right next to river and the ground water is shallow, this should have been a 2 day job but when I came home after work on the first day my wife said the fence was done , I went out to inspect it and found that when I grabbed hold of the middle of the fence the whole fence moved conciderably both at top and bottom the posts should have been put in the ground 18" to 24 " but these post were only put in ground 12" with very little concrete and the concrete was not allowed to harded before construction of fence. Also the slats were stapled on to the rails with small staples which everyone I know including my self use nail or screws . The fence is barly in the ground and the slats are all ready coming out.I feel I have been left a fence I am going to have to rebuild this fence will not stand up through very few storms that is how bad of job that was done. Kira should not have accepted it and payed for it. Every corner was cut that could be.

  • Aug 19, 2012, () added:

  • As far as I am concerned this was avery poor job and Kira should not have payed for this work to her contractor the fence is around 100' long and we live right next to the river and the ground water is very shallow. This should have been a 2 day job but when I came home from work on the first day my wife told me the fence was done which ment the contractor did not let the concrete set up, The post should have been in the ground 18" to 24" but were only put in the ground around 12" and very little concrete around them. I went out toinspect the job and foun that when I stood in the middle and moved the top post back and forth the whole fence moved from one end to the other both at the top and bottom. on top of that the slsts were stapled to the rails with small stples not nails or screws like what is normally used.I have already had to screw afew slats back together. I feel I have been left A mess I am going to have to rebuild. Kira bought this house to turn and used the cheapest contractor and least amout of money and run. The old fence was not much weaker thn this one but just older.

  • Aug 19, 2012, () added:

  • As far as I am con cerned this is one of the poorest built fence I have seen.Kira should not have accepted this fence her self . The fence is around 100" long and should have taken to days to build I am in construction my self and have built fences my self. When I came home from work the first day my wife told me the fence was done I was suprised and went to inspect it when I stood in the middle of the fence the whole length of fence moved from one end to the other both top and bottom. the posts should have been placed in the ground 18" to 24 " The post the contrctor put are no more than 12" and very little concrete and was not allowed to harden before construction of fence. On top of that the slats were stapled with very small staples which are al redy coming out. Every one I know including my self which I just built one at my Rental duplex uses nails or screws. I did show this to Kira when I complained about the job and told her I was not paying for this junk. Now I am left with a fence I am going to have to rebuild this fence will not stand up to very many storms. I have showed this to other contractors and every one has agreed. I am sorry for all of this but I did not hire a poor contractor.

  • Aug 20, 2012, Claiming party added:

  • The contractor in question Randy Jennings of Paladin Construction, went back in and pour more concrete to satisfy Mr. Curby's complaint. We would be happy to come back and screw in screws to satisfy the complaint about the staples.
    The wood is new and fine quality. The fence went up quick because he had several guys removing and several guys installing the fence. The speed was important because Mr. Curby has two dogs and we have a pool.
    Mr. Curby has not returned any of our phone calls or communicated any sort of compromise to this situation. We paid for the fence and it is only right that Mr. Curby pays what he said he would. Should this communication fail to result in a settlement, then we will proceed with further legal action.
    Please let us know if you want us to come in with more screws on the panels.
    kira.edwards@gmail.com
    Thank you very much
    Kira

What Claimant Wants Hide
1. Payment due: A new fence as contracted Aug 03, 2012 $1,149.00
2. Other – Pay for claim posting cost Aug 03, 2012 $7.95
3. Other – Physical delivery charges Aug 03, 2012 $2.99
Cash total : $1,159.94
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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

    "The fence was built with poor material and apoor contractor This job should have taken 2 days but when I Came home the first day my wife said it was done I was suprised,I went out to inspect it and when I went to the middle the whole fence moved from one end to the other this is a span of 100' or so. we live next to the river so the ground water is very shallow the post should have been put in the ground 18" to24" the post the contractor put in was no more than 12" and very little concrete and was not allowed to set up. The other thing was the slats were stapled with very small staples . Every one I know including my self which I had just built one at my rental uses nails or screws Eachpost moves at the bottom when you move the top unaceptable this fence will not stand through many storms. I feel I have been left aproblem I am going to have to rebuild I did show this to Kira when I conplained and said it was not aceptable and I was not paying for this juck. I am sorry about all this but Kira is the one that hired the cheapest contractor so she could sell the house and run."

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.)
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