Sunday, September 1, 2013

"It is easier to ask for forgiveness than it is to ask for permission" philosophy is not acceptable

I am searching for a way to use the existing footing and rebar that Randy Fowler poured.  He poured it too thin to put a prefab granite columbarium on.  For that it needs to be 12 inches thick and it is 4.  I have had difficulty finding anyone to finished what Randy started.  Most do not like to take over midstream on someone else's work.

The photos to the left are examples of what I paid for.  Photos at the bottom are what I ended up with after I fired Randy Fowler.  I paid Randy $8000 (half the money for the job) and then there would be an addition $8000 upon completion.  I have what looks like a sidewalk with rebar.  If I was to pour a side walk it might have cost me $1000 or $2000 at best by the most expensive person.  Building each niche is the hard part and requiring more labor intensive work.  The back support wall is also difficult due to it being a vertical concrete pour.  Pouring the footing and sticking in some rebar was a quick easy part of the job.  If I had paid for a sidewalk it would not have had rebar in it, so I don't even have a sidewalk. There is maybe $50 in rebar.  Adding this up, there should have been a lot of money coming back to me.  I asked him for receipts to decide on the cost.  I think most of the material he already had on hand for a prior job.  That is why he did not have receipts.  He had to grade it three times because he started and then did not get back to it for so long that it grew weeds to my hips.  This is his problem not mine.  I will not be charged for him having to grade it so many times due to his lack of planning and desire to finish a project that he was paid for.  I will probably have to pay someone to rip all of the concrete out and start over, adding that to the cost of what Randy owes me.

I paid for a 6 foot wall not the 5 foot that he brought forms for.
I paid for niches all 150 feet of the 6 foot=496, not the 88 he wanted to build.
I paid for them to be 2-4 inches apart not 12 inches apart that he wanted.
I told him it was a burial place for crematory remains not a bridge to drive over.  I was never going to drill into it or anything that it would need to be so thick.

I presented the job and its specifications and requirements.  He gave me the bid.  If one can't do the job, don't offer the bid and DON'T TAKE ONES MONEY!  If you do then be a man, honor your contract at all cost.  If you under bid it or overestimated yourself, return the money.  If you do not then you are not honorable!

I want what we contracted for and what I paid for and nothing less.  If one does not do this then it is BREACH OF CONTRACT!

I can estimate the square yards of concrete used and the current cost but he could not produce a receipt for that either.

He feels he earned all of his money.  He also said that he will charge me for the the other work he has done.  Well I have news.  First, I have it on camera everything he has done and every time he has come in and out of the cemetery.  The image is time stamped and dated.  Also, I have checks that he has cashed for all of the other jobs.  He is not unpaid.  There are emails and text messages discussing all transactions.

It seems we have come to an in-pass and will be going to court.  $8000 is a lot to loose.  This does not include his hot dogging around the cemetery in areas he should not have taken his bobcat.  He purposefully drove across graves/grass, making ruts as deep as my calf.  This he will have to pay for.  I have had estimates to repair this.  It totals a few thousand dollars.  The disrespect to the graves can not be estimated.  The cost of this dirt work will have to be added to the cost of what Randy owes me.  He dug a deep hole in his pocket by taking on a job he did not intend of finishing according to contract, doing destruction and not returning money.

I do not recommend him to anyone for any job large or small.  He is not dependable and is dishonest.  Anyone who has the philosophy of "It is easier to ask for forgiveness than it is to ask for permission" so that they can do the job their way instead of the way they were hired to do is not worth hiring.  Meaning you will come to an agreement on the job, pay some money and then he will take it, not do what has been agreed on so your end product if you ever get there will not be what you asked for or paid for.

It will delay me achieving the columbarium.  I will achieve it.  You can be assured.  It may take some time.  I have to recoup my money, which will take an attorney, whom I have consulted, court dates, etc.   but I will get it built.

Don't hire RANDY FOWLER of Newalla, OK!

He even ran over grave markers.

Above is the usual path while doing the work.  When he got mad, he made all the other ruts.  He did this so that it would be more work for me knowing I don't own a dozer, and hard to mow because it will take time to fix it by hand and grass will grow increasing the difficulty for the mower to go over it.

 I was left to hand shovel all of the dirt to fill the ruts.