Business ProfileforOpen View Home Products

I and many others in the Niagara Region have had serious problems and complaints about contract issues dealing Open View Sunrooms. The company owned and operated by Maurice B. is now located in Niagara Falls. I signed a contract with Maurice B. 6/15/2021 for a pergola to be installed on our back deck. ***** took the measurement's and he went over the install sequence. We then selected the style of pergola from his catalogue. We gave him a check for $2073.21 as a 35% deposit that was required. Nothing on the contract indicated 'no refunds' on the deposit. ***** estimated the install would be early August. Tried to contact ***** 2nd week of August. He did not answer calls, texts or emails. I personally went to his new location on several occasions to see how things stood and he always had some excuse for the delay. On 11/23/21 he starts the install. Major design issue as the Pergola cannot be fit to the profile of the deck or house. This was confirmed with the site foreman. Project halted. I had to go to his plant and ask what next step would be. No alternative given at that time. Later that week he offered an alternative install or 'my money back'. I asked for my deposit back. He blatantly refused. I mentioned legal action, he just laughed and said good luck with that. He has obviously been down this road before. Costs of a paralegal far out weigh my deposit and there is no guarantee a court case would be won and that I would recover all costs. He indicated the down payment funds covered the purchase cost of materials which is where I am very confused. If he has all the pergola materials then he can technically use them at another contract site and install the pergola. It is a win win for him and I am still out $2073.21. Is this legal? it certainly is not ethical or good business practice.
Would appreciate your help and guidance with this issue.
Rick

The client Purchase custom material from us he gave us a deposit . we ordered Material it took a lot longer then we anticipated . I actually drove to Florida to pick it up the Material because of driver shortage . Then we set up and appointment to install I explain it to him and his wife what it would look like before they purchase the Custom Material and custom length
they decided they want their money back I tried to tell them we could build it free standing they said no they want their money back
But I am sorry but it does work that way yes we will re sell the material probably smaller and shorter
has it stand right now I did talk to a lawyer and he said on custom products there are no refunds
its definitely not a win win for me the material cost more then the Deposit

he can have the material that he paid for its of no use to us he just need to make arrangement to have someone pick it up

I can only say if it were custom designed, specifically for our deck, why could it not be installed? His own site foreman indicated it could not be installed as it was not compliant with the profile of the deck and roof. If it was a custom design then maybe he could review his engineered architectural drawings and see where he made the design error. I would ask to see the drawings but I know there are none. When I asked for drawings back on June 18th, 2021 he indicated BCIN/Engineering could provide them at an additional $600 cost to me. Why could he not just have given me a copy of his drawings for this project? As for picking up the materials they are of no use to me. He has intimidated other clients with this option *************************************************************** *************************************
At the very least, our experience with Mr. B., Owner of OpenView Sunrooms / Products has been a nightmare. He does not demonstrate any level of ****************** responsibility for his errors. *****************************************************

Rick A.

I have never intimidated anyone
mr D. bought a retractable roof we delivered the roof to him before corvid happen
he called during covid and told him we cannot install because of Covid we where not comfortable going to Toronto when there was massive break out going on also your custom material you bought is here for you we are very busy and we dont have time for your silliness do you want your material Yes or no

Clearly, we do not want the materials. They are of no use to us. You could, though, honour your offer from your e-mail of November 25, 2021 where you stated "your choice this or your money back".
End of discussions.

Rick A.