Public Mediation

Mitchell Construction Services,Inc...And Mitchell Painting,Inc Dispute

J. P. vs. Mitchell Construction Services,Inc...And Mitchell Painting,Inc
4702 School Road, Land O' Lakes, Florida, 34638-3647, United States
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Statement of Claim
Claimant says:
"November 10, 2014



TO WHOM IT MAY CONCERN

After shopping around to have work done inside and outside of my house, I hired the second most expensive contractor to do the work. The most expensive contractor was looking to replace all the siding in the front of my home which drove the cost up. I hired Mitchell Construction Services Incorporated and Mitchell Painting Incorporated to do the work. Ryan Mitchell is the owner and the person I spoke with who convinced me that he was the best finish carpenter in town and had the best workers who have been with him for a long time. He stated he was a licensed contractor with insurance and had been in the Tampa Bay area doing work for large companies as well as homeowners for many many years.

The scope of the work is as follows. Repair and replace water damaged siding in the front of the home. Repaint the entire home and repaint all the trim work on my Townhome. Replace the screen in the front of my home and repaint it inside and out. Repair mesh that covers by upper gutters. Inside the home, he had to repair sheet rock in the living room hall going upstairs and in the master bedroom and then repaint same. Place corner molding on four walls and repaint. Repaint railings and hallway going to the second floor.

98% of the work was complete when he asked for and was given the final payment for the job. All that was left to do, he said he would finish as soon as possible but for now he had to get to another big job. After weeks I was able to get him to come back and repair the screen room in front of the house. The screen was falling out and he brought a extra man to help the work. The corner moldings were given to me along with some putty and he told me to put them up because he was too busy with a lot of other jobs and would be back to repair some of the punch list items I pointed out. After a month or so stalling because he was too busy, he sent another person back to do some of the punch list work. He had to put up new moldings because the others would not work and they were too large. The new plastic moldings had to be installed and painted. The men he sent out was not his employee and did some of the work but said he was not qualified to replace a piece of siding that had not been replaced it was just painted over. He also did not have ladders to put up all of the molding and said he would not be back to paint same. Some of the screen had fallen out for a second time and he worked on repairing same but did not complete all of the items needed to complete the job.

I would call Ryan Mitchell every week to 10 days trying to get him to come back and finish the job. Of course all the money had been paid and there was no incentive to finish the job so he made excuses about how busy he was but he just had to put me on the schedule and I had to be patient. This went on for a few months when I finally told him that my kindness was not weakness any needed to finish the job now. He said he call me back to put me on the schedule and get things wrapped up. He never called back, never returned my calls even though I told him I was going to report him and ask that his contractors license be withdrawn. I have left no less than 10 messages with no return call so it is obvious that he is going to rip off a senior citizen and try to get away with it.

I have an estimate to complete the work that he refuses to do. The estimate is somewhere between $500 and $1000. The reason for the spread in dollars is that this person does not know whether they can repair the wallpaper that has been damaged by the tape placed to hold the corner moldings on until the glue dried. I tried to remove one piece of tape gently and it took off part of the wallpaper. I did not try to pull any more tape off for fear of more damage.The wrong tape was used to hold the molding to the wall.

The things that need to be done are as follows; 1. Repair or replace damaged wallpaper. 2. Repair screen room again because the new screen is falling out again. 3. Repaint one railing going upstairs. 4. Repair the gutter mash that was never finished. 5. Replaced water damaged siding that was overlooked?… And just painted over and hope I will not see this. Just to repair this requires pulling side molding off the front of the home and around part of a main window. This work by itself the front of the house to fix the damaged wood and replace / paint will run almost $500. And then there is the question about the wallpaper? Can it be repaired, or does it have to be replaced?

Either Ryan can finish the job or give me the money to have someone do same. The owner, Ryan Mitchell's phone number an address are as follows, 4702 School Rd. Land O Lakes FL 34638 telephone number 813-245-9785

Can you please please help me from being cheated, I am a 72 years old living on a fixed income.





John Picciano
4710 Stonepointe Pl.
Tampa, FL 33634
813-884-8600"
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Additional Communication Between Claimant and Mitchell Construction Services,Inc...And Mitchell Painting,Inc Hide
  • Dec 27, 2014, Mitchell Construction Services,Inc...And Mitchell Painting,Inc (responding party) added:

  • It has been brought to my attention that a Mr. John Picciano has registered a complaint against my company for deceptive trade practices. I have been operating in Hillsborough County for 20 years now and am also a State Certified Contractor and have never received a complaint, so I will try to explain my side of the story to defend the good name of my companies that I take pride in operating. While most companies operate under fictitious names that do not represent them personally as a company, I own 2 businesses with my personal name attached to both. I have dealt with thousands of customers over the years & always do my very best to make my customers happy & confident in the work we have performed.



    I will explain item by item. The walls of this unit were covered from floor to ceiling in wallpaper, at least in the rooms that I had access to. The customer asked me if I could make the walls look any better & I informed him that it is not advisable to paint or go over top of wallpaper as the glue from the wallpaper is all that holds it in place and that any extra weight could cause wallpaper to bubble or de-laminate from the wall. I then gave him a verbal estimate on the cost of wallpaper removal & the costs of repairing the damaged walls that would most definitely be left behind. After hearing these costs, he then decided to take the more cost effective route & simply texture directly over wallpaper & then paint walls to a color of his choice. It was made very clear to customer that no warranties would be given should wallpaper de-laminate from the wall.



    The customer also asked us to repair some damaged siding on the exterior of his home. He pointed out 3-5 pieces that he wanted replaced & I informed him that the siding was made out of pressboard & appeared to be a Masonite material that has had infinite law suits placed against them because the product failed at an alarming rate. I told him we would do the best job we could at removing the few pieces that were visibly damaged, but that there were no guarantees and that additional siding may need to be removed as well per the original descriptive concerns in my contract. We were able to locate a James Hardi product that the customer approved & we successfully removed & replaced the pieces in the original estimate.



    Next, we were asked to replace 2 sides of a 3 sided screen room located on the front of the unit. The customer has 3-6 squirrels that he hand feeds & they were damaging his screens with various holes. We installed a stronger screen material & have had to go back several times to repair this screen where the squirrels continue to damage the screens. Mesh screening is not made for squirrel claws or their needle like teeth on a day to day basis. This is a wildlife problem that the customer has created & it is not reasonable for me to have to fix this problem on a continuous basis. No warranty was ever given that new screening would stop the problem.



    We did paint 2 railings going up the stairs to the second floor that the body oils from a human hand will eventually discolor. I am not sure what this complaint involves since both rails were painted already. He also states that the gutter mash on his roof was never repaired. I never estimated repairing any gutters, so I am not sure what this complaint entails. I have never even heard of a gutter mash.



    The customer states that 98% of the work was complete. Per my calculations, $4075 of work was contracted with Mitchell Construction Services, Inc. Even though all work was completed per my contract, I will gladly reimburse Mr. Picciano the difference of $81.50 for the remaining 2% of work that he feels we did not complete. I believe this is the best resolution as I have made every effort in order to keep the client happy with the multiple visits after work was completed in full. I feel no matter what I do, I will not be able to satisfy this client’s unrealistic expectations.



    Sincerely,
    Ryan Mitchell
    Mitchell Painting, Inc.
    Mitchell Construction Services, Inc.
    4702 School Road
    Land O Lakes, FL 34638
    813-245-9785
    Fax: 813-996-5742
    rmitchellpaint@aol.com

What Claimant Wants Hide
1. Damages: repair or replace wallpaper Nov 25, 2014 $400.00
2. Refund: To Finnish the job Nov 25, 2014 $600.00
3. Other – Copy claim to regulators Nov 25, 2014 $14.99
4. Other – Pay for claim posting cost Nov 25, 2014 $7.99
5. Other – Physical delivery charges Nov 25, 2014 $2.99
Just make me happy!
Claimant invites Mitchell Construction Services,Inc...And Mitchell Painting,Inc to make a fair offer to resolve this complaint.
Cash total : $1,025.97
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Respondent's Counteroffer


There has been no response to this claim from Mitchell Construction Services,Inc...And Mitchell Painting,Inc. This claim will remain posted until resolved
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