ComplaintsforElite Companies

• Initial Complaint

  04/08/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Date of transaction -2-20-24 *** paid -$8,468.24 Job description- removal and replacement of vinyl siding The contractor does not return my calls or answer the phone. When I do get to talk with him, he puts a different date on when the work will be started. he puts me off every time.

  Business response

  04/22/2024

  The contract between the customer and ********************** was entered into on 11/2/23. This contract was for the scope of work provided by the insurance carrier. Please see attached Contract. The initial approval was for the roof only but once Elite provided documents to support the damage sustained to the siding the insurance approval was revised to include 3 elevations of the siding. Once the approval came in the customer and ********************** went through multiple different options to the color in which she wanted for her siding. She was adamant on sticking to the original color as close as possible. Considering the original color was worn and weathered we explained to her that an exact color match was not possible but she insisted that we continued to search for the closest possible match. At one point i even advised her that a color in the form of grey would be better looking but she stuck strong to finding something that matched her original color considering that was the color her husband had chosen prior to his passing. Please see the invoice that was sent when the insurance carrier paid out for a portion of the siding and the remainder of the roof which was completed. ON 2/23/24 we sent that invoice to her to show her paying that amount of money. That is by no way a contract but an invoice showing the amount was paid. On 2/29/24 we informed her that we had located siding that was pretty close to her original siding, and she accepted the siding and we explained to her that it was a special order. Once the siding showed up, she allowed the crew to install a portion of the siding and at the end of the workday she sent a message stating the siding was too dark but wanted to see it in the day light. The next morning, we received notification that it is now too light and that her daughter did not like. After we had already purchased the materials on special order and could not get a refund. I thin tried one more time to locate siding to her liking to try to make the customer happy but again the siding was weeks out and at that point she requested a full refund for the last payment the insurance sent which included the final money for the roof which was completed. Elite is not liable for any refund according to our contract. The customer told us to get the closest to the existing which we did, and the materials are located on her property. The insurance is still holding the depreciation for siding which is her money to collect once the siding repairs are complete. If she chooses not to use elite for the siding, then it is her legal obligation to complete the siding and recoup her money. As it stands Elite has been paid for work completed. Please see lines #3,5,6,7,9,10,12 and 21. These lines all explain that contractor is not responsible for delays in materials or and the contract cannot be cancelled once work has commenced. If any more information is needed, please feel free to reach out. 

  Customer response

  04/23/2024

  Complaint: 21545236
  
  I am rejecting this response because:  

  Tuesday, April 23, 2024 at 11:48 AM
  We can argue back-and-forth, but that will not solve problems. I have text and photos to verify my side of any accusations. 
  The roof-
  In a text that I received from you on April 15, *************************** the amount of $2565.14 is what you would give back as a refund. I will accept the $2565.14 refund. When I receive the $2565.14 refund I will consider the roof installation with Elite  complete.
  Vinyl siding-
  I do not want Elite to install vinyl siding on my house. Allstate has been notified that Elite is no longer the contractor on my claim.  As per an independent vinyl installer, the vinyl siding that Elite brought out was old and brittle. I do not want sub standard blue vinyl on my house.  When can you pick it up?
  When I receive the refund of $2565.14 and you pick up the siding I will consider all business with Elite completed. 
  
  Regards
  *******************************

  Business response

  04/24/2024

  Thank you for replying Ma'am, 

  Unfortunately, that is not the option at this time. That refund was calculated prior to me having to spend more time, finances and other resources to handle this situation and would have to be recalculated to include the expenses I have now accrued. Please see refer to your signed contract:

  5. The quotation on the face hereof does not include expenses or charges for bond insurance premiums or costs beyond normal insurance coverage, and any such additional expenses, premiums, or costs shall be added to the amount of the ******************************* shall not be liable for failure of performances due to labor controversies, strikes, fires, weather, inability to obtain materials from usual sources, or any other circumstances beyond the control of the Company, whether of a similar or dissimilar nature.

  9.Property Owner acknowledges the value of the ********** Services provided by Elite. This value includes the on-site property inspections, travel to and from property inspections, as well as meetings with third party representatives, when required. Elite will provide the necessary equipment and tools, ladders and equipment needed for inspections, estimates and reports. Property Owner understands there is a considerable investment of time for the ********** Services, as well as time and material costs spent on the production of photos, satellite imagery, measurements, as well as writing reports and estimates as required by any third party. This may include multiple site visits and phone calls with local engineers, attorneys, suppliers, manufacturers representatives, insurance representatives, and/or other parties. In the event Property Owner cancels this agreement for any reason, Property Owner agrees to immediately pay Elite any actual incurred costs pertaining to their project, based on above services, plus 15% restocking fee.

  10. THIS CONTRACT CANNOT BE CANCELLED ONCE WORK IS COMMENCED ON THE PROJECT EXCEPT BY MUTUAL WRITTEN AGREEMENT OF THE PARTIES.

  12.The Companys maximum liability in the event of any default by it shall be the original cost of labor and materials for the Project which you agree shall be a liquidated sum. You hereby release, indemnify, and hold the Company (including its owners, employees, and agents) harmless from and against all other liabilities, claims, causes of action, damages, losses and expenses (including attorneys fees and costs,) including by not limited to, any property damage or personal injury incurred by your or any other party related to or arising out of the services rendered by the Company on the Project. This indemnification extends to all responsibilities and undertaking as set forth in this Agreement and all warranty exclusions as indicated in this Agreement and in the warranty provided to you by the Company.

  21.You, the consumer, may cancel this transaction at any time prior to midnight of the 3rd business day after the date of this transaction.

   

  The circumstances behind you requesting a refund were due to the delay of the requested product after you verbally approved and demanded on several occasions to match the best we can. We in fact looked up the material you have, and the previous vinyl siding was discontinued and the siding you have on site is the best possible match. This is a custom order siding and I cannot restock or reuse it. You stating you had a "Vinyl Professional" out to inspect brand new siding I believe is either inaccurate or biased. Please read line #7 in your signed contract. This states the company is not liable for material delays from usual sources. And during our color choice portion of the project, we recommended a grey color to go with the scheme of your home and grey was more readily available. You again requested to match the existing blue. After we had ordered the material and it was already at the vendor ready for pickup you wanted to see options. I informed you the material you approved was already paid for and ready to ship and you approved that. You were present when the workers showed to install and even allowed them to install. The ******* walked the product with you prior to beginning installation and you approved. After the full day's work, you then decided to get another opinion on the color from your daughter and she disliked the color. 

  You had multiple opportunities including prior to material being ordered and upon our suggestion to go with grey. After the install began you decided to go with grey because the best match available was not to your liking. 

  Customer response

  04/26/2024

  Complaint: 21545236
  
  April 26, 2024
  I am rejecting this response because: it appears that ************* doesnt want to negotiate.
  I have tried repeatedly to negotiate a resolution for these problems.  ************* has made it clear thats not possible.

  I have complaints about your workmanship that I havent shared.
  You didnt  complete the roof transaction by sending a letter of completion to the insurance company. They would not send depreciation because of this neglect.  I had to contact your office and request the letter of completion on the roof to be sent. This was your responsibility to handle not mine. (New damage might not be covered in the next storm without the letter verifying that the roof was completed in the current storm.)
  
  I repeatedly requested vinyl color samples so I could choose a vinyl color. No color samples were ever provided by you. You sent out vinyl that I wasnt given the opportunity to choose until it was delivered to my home. (it was not acceptable ) I dont think I should be held accountable for mistakes that youve made. You kept saying you could match my siding ( you didnt) and I got tired of the many delays so I did research myself and found a replacement. You texted me that morning and asked if I found any samples. I sent you a picture of the gray siding and an estimate via text.( I had the authority to choose my color and it was immediately available. I have texts to verify this. )
  
  You offered a lesser refund of $2565.14 on April 12, 2024.  I was willing to accept the lower refund to avoid more arguments. You then reneged after I agreed to accept it. Its apparent you want to argue. I have texts to confirm your $2565.14 proposal. Like you said That proposal is not on the table anymore.
  
  With all things considered , now, I want the total refund $8468.24 that was designated for my siding by the insurance company.  
  You havent done the work so Im entitled to the complete check the insurance company issued so I can have the siding repaired. 
  
  I contacted my bank because I paid you with a cashiers check. The bank referred me to the police department. I discussed the whole situation with two different police sherifs.  I was instructed to first send you a certified letter (which I sent on 4-25-2024. ) If you do not pay me the $8468.24 within ten days of receiving the certified letter, I was instructed to contact the police department again and they would handle the situation from that point.
  
  
  *******************************
  
  

  Business response

  04/29/2024

  Good Morning Ma'am, 

  I believe you were mistaken about the ability to negotiate. Our contract is very clear and not subject to negotiation. You are not owed the money you are requesting and the very first line of my previous response stated the refund would have to be recalculated due to the added expenses we have accrued to your lack of willingness to follow the contract. At this time, we will send this file to our legal time, and we request communications to be ceased. I was hoping to resolve this amicably but after threats of police involvement in a civil issue it is very apparent that the only option is to go to civil court. I will be filing ***** and necessary supporting documents with the county clerk as well as getting our legal team on this to serve what is needed to be served. At this time, I request all communications to be handled through certified mail and legal correspondence.

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