AIR, breached the contract with us in that they failed to properly repair the mold damage and structural defects that caused the mold damage as agreed upon.
Additionally, AIR fraudulently made representations that the work performed would be performed correctly the first time. First air quality inspection failed, delaying our move back in our house. We had to return to incompletely rebuilt house. Six months later, the area "remediated" looked severely worse than before AIR worked on it.
AIR by EMC performed professional remediation work for mold and water damage. This is what our walls looked like just six months after AIR by EMC applied their expertise.Further, AIR fraudulently represented that charges and expenses were owed which were not in fact owed or which had been previously paid for by us or not due them. After being made aware of these billing problems, AIR didn't submit a corrected invoice or returned our call for six months. Then, another invoice with the same fradulent amount, plus 18% late fees, arrived.
Attempting to settle the issue, we figured out the amount owed for work actually performed (no matter how poorly) and we sent a payment to AIR. They replied that they were submitting a "corrected" invoice, removing some charges but still insisting on others. The 18% late fee was still there and this time AIR added a $750.- charge for 3 hours of their time to locate our lawyer who we cc'd on our previous letter.
The President of AIR by EMC, Kate Moss (aka Katherine Bell-Moss) is an attorney licensed in the State of Texas. One never knows when a customer satisfaction issue or a billing dispute with AIR turn to a legal matter with AIR and its counsel and President in one charging the customer $250.-/hour to deal with the issue.
AIR refused our payment and refused to specify for what work done at our house they were demanding a payment. They refused arbitration via BBB unless their "cost for preparation for arbitration" of $3,600.- was added to the sum in dispute. We agreed to it only if our cost was also added, a condition that made AIR quickly disinterested in arbitration.
AIR lowered their demand to the amount we received from our insurance, which still is in excess of what they did at our house. They are also demanding late fees, yet they didn't sent us a corrected invoice for six month, and didn't return our calls. Further, they are demanding legal fees while their counsel is the President, so AIR is incurring no legal cost.
AIR filed a lawsuit against us, demanding maximum amount allowed under the jurisdiction of the court. This is in excess of any amount they would be entitled to if any work performed was considered as the basis for payment.
Paul
Austin, Texas
U.S.A.
