"Air-Ease... Please Stop with the Harassing!"

From: Air-ease Heating & Cooling <info@air-ease·com>
Sent: Mon, Dec 13, 2010 3:46 pm
To: The Builder
Subject: Re: Lien update

Builder,

As indicated to you in an email on Monday, December 6, 2010; payment was needed in our office by December 10, 2010 or a Mechanics Lien would be filed.

The lien has been prepared and filing is expected this week.

Air-ease Administrator
Air-ease Geothermal Heating & Cooling
IGSHPA Accredited / GeoExchange Certified
Mitsubishi Diamond Designer
"Saving The Energy Under Our Feet"

REPLY FROM THE BUILDER:

From: Builder
To: Air-ease Heating & Cooling
Cc: The Residents
Sent: Tuesday, December 14, 2010 9:22 AM
Subject: Re: Lien update

Denise and Bob,

I believe we made a agreement on Saturday. Please stop with the harassing!

As of yesterday some zone of radiant did not work AGAIN! Thermostat was set at 70 but air temperature was 62 and floor were cold in laundry room, same for the entrance area and lover room on first floor.

Until we get the paper work ( drawings of the system, J-calculations and most importantly working system) your payment will be on hold!

If you want to get back you need to schedule with me since work at the site is limited.

Builder

REPLY FROM THE RESIDENTS:

From: The Residents
To: Air-ease Heating & Cooling
Cc: The Builder
Sent: Tuesday, December 14, 2010 9:45 AM
Subject: Re: Lien update

Hi Denise and Bob,

We cannot pay you the balance UNLESS we are sure the system is working correctly in all conditions and the remaining fixes (like the holes in the vent and fan covers) paper work is done.

The fact the system isn't working as expected and it hasn't even been fully tested is a big concern and that means we have to continue testing it to make sure it's working.

Regards,

The Residents

UPDATE (sent by the Residents to Air-Ease and the Builder on: Thursday, December 16, 2010 6:28 PM)

Air-Ease and Builder,

Please forward a copy of the contract you have regarding the geothermal system in our house along with payment schedule (past, present and future) to us asap. The partial numbers that we hear from both of you are not the same, so there is a disconnect somewhere.

We'd like to see that from both parties.

Denise, please stop with the lien threats. If you have extra money for that then how come you have increased the contract amount? Apparently you have too much money on hands! And the lien is a waste of your time and money, but I guess you are free to spend your time and money however you like.

Your threats not only don't speed anything up, but they make everyone really upset. Bob put supposedly-final elements on the system on Dec. 7. On Dec. 13, there were still problems with some zones not working properly. Would you pay if you were having in your house system with constant problems? Most reasonable contractors don't threaten with liens for at least a month after they successfully complete their work. You had your liens before you finished. Is this a reasonable business conduct? Or are you in financial trouble?

Thank you,

{Residents}

REPLY FROM AIR-EASE:

From: Air-Ease
Sent: 12/17/2010 8:53 AM
To: The Residents Subject: RE: payment

{Resident},

Thank you for your prompt response. Our Contract and Change Order along with payments received are attached. Our lien is not a threat; but legal protection when a Contract with a customer has been breached. To follow are cuts inside emails from {Builder} stating payments and their forthcoming dates. Entire emails are available if you would like to review.

{Dates} / {Payments}

Air-ease has been EXTREMEMLY REASONABLE waiting for our payments. The lien should have been placed months ago when the payment terms per our Contract were not met. As for your financial trouble comment, we are wondering the same for you.

Thank you in advance for resolving this matter expediently.

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

REPLY FROM THE RESIDENTS:

From: The Residents
To: Air-ease Heating & Cooling
Sent: Friday, December 17, 2010 9:53 AM
Subject: Re: payment

Denise,

The contract is also breached when a brand new system does not operate correctly. Please keep that in mind. You can sleep soundly over our financial situation.

The best recipe for long and healthy life is to mind ones own business - once I've heard from a very old lady. Bob and you seem to be concerned with a lot of issues on our house except for the correct and sound functionality of the system you have been hired to do.

I will review all the paperwork from you and the Builder this evening and run the list of items that were discussed on Sat. What is the payment amount you are looking to receive "three months ago"? I need the amount so that I can see if that's in agreement with all the other paperwork from everyone.

Thank you,

{Residents}