- Report: #1132863
Report - Rebuttal - Arbitrate
Complaint Review: R.A.S. Enterprises
R.A.S. Enterprises7650 State Route 79 Whitney Point, New York USA
R.A.S. Enterprises General Contractor Roger A. Swingle (Owner of R.A.S Enterprises) Stole $35,000.00 Down Payment after Completely Abandoning Home Construction Work He Promised to Perform under the Contract He Signed with His Customer Whitney Point New York
*Author of original report: The company owner now proposes a settlement by refunding half of the downpayment
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In October 2013, I solicited bids for construction work at a land I had recently purchased. The work was to prepare the site and to construct the “base” upon which a modular home (already purchased separately) would be set. R.A.S. Enterprises' bid was the lowest bid, at $67,500. R.A.S. Enterprises requested a $35,000 “down payment,” which I provided, on November 13, 2013.
The excavation (by a subcontractor selected by R.A.S. Enterprises) did not commence until December 3rd, by which point severe winter weather was imminent. A hole was excavated, but not covered.
When I visited the property several days after the excavation, I found the exposed foundation hole to be filled with water, ice and snow. [continued below]....
A week after the foundation hole was dug (and left exposed), R.A.S Enterprises President Roger A. Swingle left a message for me, saying that he would have to raise his estimate/quote for the entire job by 50%, to $103,000.
I declined to enter any such new or modified contract, and, in an email message sent on December 11th, 2013 citing the ruined foundation hole, demanded that R.A.S. Enterprises refund my deposit, with a deduction for the actual payment to the excavator (provided that R.A.S. Enterprises supplied proof of the excavator’s subcontract and payment). I asked Mr. Swingle to pursue payment from his insurance coverage for the cost of repairing or replacing the foundation hole, and to send the check to my current address, by certified mail.
In an email message sent on December 16th, Mr. Swingle wrote that he would send the refund check “asap” (“minus money spent on your job, with a detail of expenses already incurred”). On January 15th, 2014, he sent an email to me implying the check had been sent a month earlier. I replied the following day, explaining that I had not received the check, and asking if he had in fact sent it via certified mail, as I had requested, and, if so, what the tracking number was. To date, I have not received a response from Mr. Swingle.
This report was posted on Ripoff Report on 03/22/2014 09:39 PM and is a permanent record located here: http://www.ripoffreport.com/r/RAS-Enterprises/Whitney-Point-New-York-13862/RAS-Enterprises-General-Contractor-Roger-A-Swingle-Owner-of-RAS-Enterprises-Stole-1132863. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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