Final Inspections, Payment Requests, Legal Threats

From: The Residents
Sent: Monday, February 14, 2011 6:58 PM
To: Air-ease Heating & Cooling <info@air-ease·com>
Subject: Re: Final Payment Document

Hello,

We are expecting to have the final inspections completed within 4 weeks; as soon as your system passes the final inspection we'll issue the final payment.

Thank you for your patience.

Regards,

The Residents

REPLY FROM AIR-EASE:

From: Air-Ease
Sent: Tuesday, February 22, 2011 5:51 PM
Subject: Re: Final Payment Document

{Name}:

Definitely not happy with your reply. If you were not intending on providing another payment as requested, why did you say you were waiting on your attorney to view the document?

We will consider our options.

UPDATE (sent to the Residents on: Tuesday, March 01, 2011 2:29 PM)

Please provide a payment date.

Without immediate payment, you will be forcing legal action that will be costly for both of us.

Air-ease Geothermal Heating & Cooling - Tinley Park, IL 60477
T 708-429-6550 | F 708-429-6553 | air-ease

UPDATE (sent to Air-ease on: Tuesday, March 01, 2011 5:48 PM)

According to the contract, the last payment is due upon final inspection on your system. It should take place this month (we have the permit until the end of March).

UPDATE (sent to the Residents on: Tuesday, March 01, 2011 8:24 PM)

Thank you {Resident}... that is NOT what the contract states. The Builder asked for final upon start up. Read the payment schedule on the second page. No more trying to explain or reason with you. We will proceed with our next step.

REPLY FROM THE RESIDENTS:

From: The Residents
Sent: Tuesday, March 01, 2011 8:58 PM
To: Air-ease Heating & Cooling <info@air-ease>
Subject: Re: Next Payment

Hello,

Since you don't want to wait for final inspection on your system, are you implying that the heating-cooling system won't pass? If this is the case, we need the design paperwork from you immediately so that we can consult the design and installation with a mechanical engineer before the final inspection is scheduled.

We'll be forwarding the last payment to the GC on our house, who is responsible for the success of final inspections and, as far as we know, has about $$$ back charges to you.

Please note that 2 to 3 months of delays were caused by your unprofessional dealings with the GC. You may contact him about your final payment balance.

Regards,

The Residents

UPDATE (sent on: Wednesday, March 02, 2011 3:11 PM)

The original contract between the Builder and Air-Ease was breached first by Air-Ease by the mere fact that the equipment specified in the contract is not exactly what has been installed in our house. We have learned about this fact during our last meeting with Bob on Feb.5, 2011. When and who has authorized that change?

The contract clearly states that any changes in the contract were supposed to be done in writing and accepted by both parties prior to execution. If Air-ease is free to exercise any changes to the contract without even informing the GC or the owner, then we are not sure what is to protect us, the homeowner, from other mishaps on the system, if such exist, and we will only know of after final inspection since Air-Ease, times and again, refuses to release any technical information on the system design and load calculation until the final payment.

If there are problems with the system, which we cannot determine without the paperwork and load calculation, we are forced to postpone the final payment until the County inspector states the system meets whatever the county mechanical code requires it to meet.

Furthermore, the contract speaks nothing of withholding by Air-Ease the technical information on the system design and load calculations until the last payment. We, the homeowner, would have NEVER accepted Air-Ease to perform the work unless we were provided with all necessary design and load calculations upfront, before any work was performed and executed. In fact, we believe this technical information is a vital part of the contract itself and is not subject to any negotiations.

REPLY FROM AIR-EASE:

From: Air-ease Heating & Cooling <info@air-ease>
Sent: Thu, Mar 3, 2011 at 3:01 PM
To: The Residents
Subject: Re: Payment Documents

{Resident}:

I don't know who wrote this letter on your behalf but they are uninformed.

You previously asked Dale H. of Midwest Sustainable Energy to review the load calculations on your home. Dale received the attached copy and has already spoken to you about the accuracy. What are you looking for?

All the equipment installed in your home is per the contract. What are you talking about? Go look at the model numbers on the units in the mechanical room. There may be number or letter extensions on the equipment that doesn’t appear on the contract…that is configuration information to designate design and other information by the manufacturer.

Operation and technical information was already provided to you in person by Bob. You recorded it. You will received operation manuals and invoicing upon final payment. PERIOD

I few these emails as stalling and withholding final payment...just as the Bulder has been doing since August 2010.

I will not respond to any more of this type of repetitive question and answer.

Denise -Administrator Email: info@air-ease
Air-ease Geothermal Heating & Cooling

UPDATE (sent to the Residents on: Thursday, March 10, 2011 3:12 PM)

{Residents}:

County Building Department informed me today that your Building Permit will expire at the end of March. To date, there has been no request for a final inspection. Therefore it seems unlikely that Air-ease will be paid in full per our request.

Today I have authorized our attorney to record the Claim For Mechanics Lien in County Court which had been prepared since last November.

Denise -Administrator Email: info@air-ease
Air-ease Geothermal Heating & Cooling

UPDATE (sent to Air-Ease on: Thursday, March 10, 2011 8:39 PM)

Last week we offered to pay the balance by credit card. We understand you want your money. You must understand we want to be sure your system meets the County code. You never commented on that payment option, so we assume you are fine to be paid by check by the end of the final inspection. It takes no more than 1-2 days to get the inspection requested and done if you are not aware of this.

The Residents

UPDATE (sent to the Residents on: Friday, March 11, 2011 10:48 AM)

{Resident}:

You are able to pay with a credit card now without final inspection? That seems to be counterproductive to everything you have said previously. County has already seen this installation at its completion; there have been no changes to this installation since they were last there.

No personal checks or credit card payments will be accepted. Certified check or title company check only.

Unfortunately, the wheels have already been started to record the Mechanics Lien. Unless you are able to pay $7175.00 by Monday as was outlined in the Final Payment Agreement, I will not stop my attorney from recording this lien. This will be costly for both of us and time consuming for you.

Denise -Administrator Email: info@air-ease

UPDATE (sent to Air-Ease on: Friday, March 11, 2011 8:49 PM)

First of, your contract does not specify the financial instrument for payment. As far as we know, cash, banker's checks, credit cards, personal checks, the list goes on, are perfectly acceptable methods of payment. You want us to pay cash or banker's check because it offers no protection to us. We prefer to pay by credit card (if you want the payment NOW) so that we have enough time to pass final inspection on HVAC. If there are problems Air-Ease needs to correct, and Air-Ease does not correct it properly, credit card offers dispute procedures that protect people from dishonest merchants or faulty merchandise. We are sure you are aware of these things.

Either way, these are the options: you get the balance NOW by credit card, or we can go to the bank to draw a cashier's check after we get County pass on the final inspection of HVAC. Again, this is to be done by the end of this month since our permit expires end of March and we don't intend to extend it.

Now we understand why, after having been in business for 30 years, you were unable to provide us with 1 single reference.