I hired Sears to install vinyl siding, shutters, and gutters on my home.
The siding was completed today, however I was told that the shutters would not be in for two more weeks. The gutters have also not been completed.
I was told by the salesman that payment would not be required until ALL work was completed. I also have a "Cash payment agreement" that states "We agree to pay the entire balance of this contract upon satisfactory completion of the contracted improvements".
Upon completion of the siding work, the contractor requested payment in full. I told him that I have no shutters and no gutters and therefore the work is not completed and I am not required to pay until it is. He stated "fine, I'll let Sears deal with collecting from you. I am not coming back." He then left.
About 10 minutes later I get a phone call from the salesman. He was very irrate and stated I needed to pay the balance in full so that he can close out for the month. I explained that my paying would indicate all work is completed to my satisfaction, and I would have no legal recourse if my gutters and shutters were not installed.
He then stated that when the "gutter guy" comes to my house I have to pay him, because it isn't the "gutter guys" or the "siding guys" fault that the shutters have not arrived yet, and I would be holding back them getting paid. He said the shutters are not part of the contracted improvments and that they are separate. I have searched every page of my paper work and see no indication that the shutters are separate. The workers are caught in the middle. I don't want them to not be paid for their work in a timely manner. I know they got bills to pay and it isn't their fault — but I also need to protect myself!
The project manager, Jim, won't return any of my phone calls. Finally my husband called the District Sales Manager, Glenn, who stated that we absoulutly don't pay until everything is completed.
So what is it that these people are trying to pull? (The salesman and the siding installer.)
I called the salesman but as usual only got his voice mail and told him what Glenn said. But as predicted, he didn't bother to call me back.
Will update as things progress... Or don't progress!
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