On July 29, we ordered, from Cabin Kit Homes, the “PEAKS” model building kit. Total quoted price of the package was $117,443.00, which included the delivery of the kit to a site designated by us. With the order was an initial deposit of $23,488.60 and paid for with a VISA credit card. Following our initial payment, a second payment was made on March12 for $23,488.60 using the same VISA credit card. Prior to the kit package being shipped by Cabin Kit Homes, we were required to pay the remaining balance of $70,465.80 which was made in May. After the payment was received, we took delivery of the kit on or about June 2. At our request, the kit was offloaded at Poncha Springs Lumber Company located in Poncha Springs, Colorado rather then the building site because of the shear volume, size, and weight of approximately 36 packages that made-up the complete kit.
At delivery, Cabin Kit Homes instructed us that we needed to immediately inventory every package for their contents and match them to the supplied manifests, which were provided by Cabin Kit Homes. This would have included, according to your statement, count every single board, nail, roofing panels, supplies, OSB sheets for the roof, floor and sidewalls, tubes of adhesive, brackets, etc. I advised Cabin Kit Homes had we followed that order, the material would be; first, totally exposed to the weather for prolonged periods, causing a lot more problems then missing supplies. Secondly, the drivers of the two trucks would have had to wait while we counted each piece of the kit, which, by our estimates, would have taken at least 2 – 3 weeks and costing us considerable monies had we followed that request.
It is suspected, based on your responses, asking that we count materials as soon as we took delivery is a very weak excuse for you to deny reimbursement after being advised of material shortages.in our conversations and emails you implied that either U.S. Customs, our builder, or I stole the missing materials and hardware, hence, no payment. That is absolutely outrageous and redicuouls and can be classified as irrational thinking on Cabin Kit Homes part.
Attached you will find enclosed documentation for expenses incurred due to missing or shortages of materials in the "PEAKS" home kit kit. We have substantial documentation via witnesses, email statements and expert testimony regarding the missing or shortage of parts and materials in the kit. It was necessary for us to replace those missing items in order to complete the construction of the kit home. Thus far, we are owed $4,288.09 for out-of-pocket cost.
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