Report: #1132863

Complaint Review: R.A.S. Enterprises

  • Submitted: Sat, March 22, 2014
  • Updated: Sat, March 22, 2014
  • Reported By: fellow consumer — Ithaca New York
  • R.A.S. Enterprises
    7650 State Route 79
    Whitney Point, New York

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]....

.....  I have been told by the municipal code enforcer and other excavation specialist (whose opinion the code enforcer defers to) that, as a result of the failure to pour the concrete foundation immediately after the excavation, the hole and the integrity of its walls have been compromised, will continue to be significantly damaged by water, ice and weather, and will need to be completely redone (probably with heavier machinery) or replaced, after the winter.  (And, if the latter course is necessary, the original excavation will have to filled in.)

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.

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This report was posted on Ripoff Report on 03/22/2014 09:39 PM and is a permanent record located here: 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Author of original report

The company owner now proposes a settlement by refunding half of the downpayment

AUTHOR: fellow consumer - ()

On August 4, 2014, the company owner submitted an out-of-court settlement proposal to the consumer. According to the proposed settlement stipulation, the owner promises to refund half of the downpayment (i.e., $17,500). Therefore, the title of the article no longer fully reflects the current situation.

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