ComplaintsforDon R Titus, Residential Architect LLC

• Initial Complaint

  01/30/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  October **** I wrote to *** to cancel the project because he did not provide the documents after payment according to his proposal follow timelines nor make the changes to the plans as we discussed over the phone. I made a payment on the invoice and asked if there were anymore outstanding invoices that I was not aware of and he said no. This past Saturday, 1/27/**** he met me at the property to measure the footprint and I placed the stakes. I wanted to see the footprint in case I decided to reverse course and go through with the plans. He agreed and never mentioned in email or over the phone that he would bill me for the measurement and discussion. He arrived and made the measurements that took about ***** minutes. I confirmed that I did not want to move forward with the project because it was not what I had wanted. I said your proposal was $10,000 total and I had already paid approximately $7000 without receiving the building plans. He said he would check and thought there was another invoice that he wanted more money for. I reminded him that I had cancelled the project in October and he agreed the invoice I paid in ******* was the last. Then on Saturday he sent me a text message saying that I owed him more money. I said I cancelled the plans long ago and had no communication since that I owed him more money. He sent me an email claiming I owed money for an old invoice from 3 months ago. Then on Monday, 1.29.**** he sent me another invoice for $475 to make the measurements. He never mentioned he would bill for that. *** is clearly retaliating because I cancelled the project. I was okay with him not giving me the building plans that I paid $7000 for because I no longer wanted to build the **** However, his claim that I owe him more money after the last payment and his visit with me crosses the line for retaliation and is unethical. He has threatened to send me to collections in one week if I don't pay the 2 new invoices.

  Business response

  02/01/2024

  I am very sorry that ***** has not had a good experience working with me. From my standpoint, I have provided him with a valuable service, the service he hired me to provide. It seems to me that once he decided to cancel the project, he felt he should not have to pay me for the work I had done for him.

  In his complaint, ***** makes a number of claims that aren't true. I will address those below. If ***** has evidence to support his claims (of which I'm not aware), I'd be happy to discuss, and do what I can to make it right.

  "He did not provide the documents." I emailed to ***** PDF copies of everything I produced for him. Copies of those documents are attached along with this response to his complaints. If any of these documents are missing from his records, I'd be happy to re-send them.

  "He did not... follow timelines." Along with the project documents, I've also attached a summary of the project timeline, both the projected timeline as laid out in the contract, and the actual timeline as it unfolded, by date. The actual timeline did take longer than the projected timeline, for two reasons: 1. There was more than one instance in which I sent documents for ***** to review, and he took 3-4 weeks to get back to me; and 2. he elected to pursue a pre-application conference with the permitting authority, to request an adjustment to the rear setback. That process was not included in the original projected timeline. For my part, I typically responded to his communications within a day or two, and had drawings back to him typically within a week - at most two weeks - of our discussions.

  "He did not... make the changes to the plans as we discussed over the phone." To the best of my knowledge, any changes ***** and I discussed, I did make to the design. If there's anything I missed, I would appreciate having those things brought to my attention so I can implement them - though that would require continuing with the design process, which it's apparent ***** does not want to do.

  "I made a payment on the invoice and asked if there were anymore outstanding invoices that I was not aware of and he said no." This is completely untrue. I have reviewed all my communication records with *****, and I have no record of him asking me that, or of me saying there were no outstanding invoices. I do have records of four times - the original invoice, and three follow-***** that I made him aware of the amount that was due.

  "He agreed and never mentioned in email or over the phone that he would bill me for the measurement and discussion." It was in my contract that he would be billed for this. Why would he expect me to do work for him, and not be billed for it?

  "He arrived and made the measurements that took about ***** minutes." This is approximately correct - the time for making measurements and placing stakes was slightly more than **************************************************** the time I put into setting up the meeting with him, and preparing for it. The total came to 1.5 hours of drive time, and one hour for the communication, preparation, and measuring.

  "I had already paid approximately $7000 without receiving the building plans." The total invoiced to *****, including the two outstanding invoices, is closer to $6,000 than to $7,000. I can provide documentation for this. And he has received the building plans I've completed to date. If he's looking for complete construction drawings, those aren't complete because he canceled the project and cut off the process.

  "Don is clearly retaliating because I cancelled the project." There is no retaliation here. I am only invoicing for the work I've done for him, as we agreed in our contract.

  "He has threatened to send me to collections in one week if I don't pay the 2 new invoices." My contract states that any invoice more than 90 days past due may be sent to collections. Since he's made it clear he doesn't intend to pay for the work I've done, as a courtesy I gave him notice that the 90-day **** was approaching. I didn't want to send it to collections without making sure he was first aware of it.

  Business response

  02/01/2024

  I am very sorry that ***** has not had a good experience working with me. From my standpoint, I have provided him with a valuable service, the service he hired me to provide. It seems to me that once he decided to cancel the project, he felt he should not have to pay me for the work I had done for him.

  In his complaint, ***** makes a number of claims that aren't true. I will address those below. If ***** has evidence to support his claims (of which I'm not aware), I'd be happy to discuss, and do what I can to make it right.

  "He did not provide the documents." I emailed to ***** PDF copies of everything I produced for him. Copies of those documents are attached along with this response to his complaints. If any of these documents are missing from his records, I'd be happy to re-send them.

  "He did not... follow timelines." Along with the project documents, I've also attached a summary of the project timeline, both the projected timeline as laid out in the contract, and the actual timeline as it unfolded, by date. The actual timeline did take longer than the projected timeline, for two reasons: 1. There was more than one instance in which I sent documents for ***** to review, and he took 3-4 weeks to get back to me; and 2. he elected to pursue a pre-application conference with the permitting authority, to request an adjustment to the rear setback. That process was not included in the original projected timeline. For my part, I typically responded to his communications within a day or two, and had drawings back to him typically within a week - at most two weeks - of our discussions.

  "He did not... make the changes to the plans as we discussed over the phone." To the best of my knowledge, any changes ***** and I discussed, I did make to the design. If there's anything I missed, I would appreciate having those things brought to my attention so I can implement them - though that would require continuing with the design process, which it's apparent ***** does not want to do.

  "I made a payment on the invoice and asked if there were anymore outstanding invoices that I was not aware of and he said no." This is completely untrue. I have reviewed all my communication records with *****, and I have no record of him asking me that, or of me saying there were no outstanding invoices. I do have records of four times - the original invoice, and three follow-***** that I made him aware of the amount that was due.

  "He agreed and never mentioned in email or over the phone that he would bill me for the measurement and discussion." It was in my contract that he would be billed for this. Why would he expect me to do work for him, and not be billed for it?

  "He arrived and made the measurements that took about ***** minutes." This is approximately correct - the time for making measurements and placing stakes was slightly more than **************************************************** the time I put into setting up the meeting with him, and preparing for it. The total came to 1.5 hours of drive time, and one hour for the communication, preparation, and measuring.

  "I had already paid approximately $7000 without receiving the building plans." The total invoiced to *****, including the two outstanding invoices, is closer to $6,000 than to $7,000. I can provide documentation for this. And he has received the building plans I've completed to date. If he's looking for complete construction drawings, those aren't complete because he canceled the project and cut off the process.

  "Don is clearly retaliating because I cancelled the project." There is no retaliation here. I am only invoicing for the work I've done for him, as we agreed in our contract.

  "He has threatened to send me to collections in one week if I don't pay the 2 new invoices." My contract states that any invoice more than 90 days past due may be sent to collections. Since he's made it clear he doesn't intend to pay for the work I've done, as a courtesy I gave him notice that the 90-day **** was approaching. I didn't want to send it to collections without making sure he was first aware of it.

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