Preparation for 10/03/16 hearing Flashcards

1
Q

1st Contract important dates, etc.

A

Contract total is for $67,290.00. Date on contract is 1/24/11.

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2
Q

How much was paid?

A

Gentili’s paid $3,000 on 2/11/11 when 1st contract was signed.

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3
Q

Date on 2nd contract

A

Date on contract is 9/22/11. Signed on 11/4/11. Paid $3,200 on 9/30/11. Contract says work will begin Nov 2011. Wk. actually starts on Aug 27, 2012 due to lack of plan approval.

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4
Q

Payment

A

Paid $10,000 on 8/27/12.

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5
Q

IN PERSON MEETING-Had paid $184,825 out of a total of $224,108. Not paying for work done, just arbitrary payments. He refused to look at our Eldon spreadsheet OR acknowledge that Gentili’s overpaid.

A

4/12/14 8:00 AM

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6
Q

WHAT WE THOUGHT CAME OUT OF THE MEETING. BG “We will pay you $3,000, which covers $1,000 (reduced from $1,850) for the Northernmost closet in the Master Bedroom and $2,000 up-front. We will pay another $2,000 after the Master Bedroom and Master Bathroom are completely finished

A

4/15/2014

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7
Q

Why did we agree to pay the $5,000.

A

Rhody “Completeion” document says $4,000 to complete Master Bath plus $1,000 for closet.

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8
Q

What transpired after saying we would pay the total $5,000

A

Made $3,000 payment on 4/21/14. Work completed in June 12, 2014 (majority completed) and we paid final $2,000. LAST TIME RHODY CONSTRUCTION worked here.

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9
Q

fHarry’s work.

A

12/19/13 deposit $6,959.84

2/14 put in all the new floors

2/6/14 $5,000 starts work and puts in all new floors

by April all floors added color and 1st coat of poly- inc master bedroom

8/14/14 $3,500 and all floors are poly

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10
Q

How much was paid by 7/7/14?

A

Paid $189.825 ($171,950+$17,875) out of total $224,108 ($183,393 contract + $40,715 change orders), which is $224,108. That is 85% of total contract and change orders. Look at pictures. Does that look like 85% done? email on 7/7/14 says that “waiting on items by Owner” and 94.8% complete.

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11
Q

We are prepared for cabinets to be installed in kithchen this week. We will make payment of $6,000 upon installation and $6,000 upon completion. This is after our $8,000 deposit

A

9/3/14

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12
Q

9/10/14 4:06 PM

A

BG - Response to BR’s 9/8/14 lien threat letter

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13
Q

9/10/2014

A

we hire lawyer - he suggested pursue CSLB

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14
Q

9/11/14 1:33 PM

A

BR-Please review the document.

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15
Q

9/18/14 10:30 AM

A

Due to your failure to pay the past due amount on your account, I suggest you choose one of the following options: 1. pay us past due amt and we will use your progressive payment plan. 2. Do not pay the past due balance and use our progressive payment plan. 3. Put the entire amount into a holding escrow. 4. Pay us $8,000 and we will cancel the contract. Ken will be available for consultation only. 5. Legal action You have until 2pm on Monday, September 22nd, 2014, to make a decision.

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16
Q

between 9/11/14 and 9/30/14

A

when we called CSLB

17
Q

Letters to Rhody construction saying that we have overpaid and find him in breach of contract

A

Letter that explains that BR hasn’t responded to our 9/10/14 letter or our lawyer’s 10/6/14 letter

18
Q

Moving forward with project on our own.

A

11/21/14

19
Q

12/1/14

A

BR - Last ditch effort to have meeting to complete house; if not, lawyer DB will file lien and will take steps toward foreclosure, which will result in “astronomical costs”. Will put up bond if necessary.

20
Q

12/4/14

A

BR files lien and threatens to take name off of permits taken out.

21
Q

2/2/15 2:39 PM

A

BR - Includes latest payment plan & fees owed to Rhody’s attorney. “. . . . I am sending a copy of the total amount of money paid to our attorney. Yet to be determined are administrative fees to handle these costs.”

22
Q

2/5/15 1:31 PM

A

Progressive Payment Plan: says we owe $19,551

23
Q

4/13/15 10:33 AM

A

allowed Rhody, secretary, our lawyer, and his lawyer to take a look at our house

24
Q

9/10/2015

A

9/10/15 sent “Settlement Communication” to Rhody