On May 8, Tim Phillips (a salesperson for APS Insulation Services) came to my home located at 1564 Dauphin Street, Mobile, AL, 36604, to measure and price an estimate for insulation work to be completed under, in the exterior walls, and the attic of my home. Tim's father-in-law, Michael Eubanks, owner of APS Insulation, came by too to see for himself exactly what his company would be estimating. Hours later, I received an estimate from Michael Eubanks via fax. It detailed what the entire job would cost: $9,000.00. It was broken down into 3 phases with corresponding prices: ground, walls, and attic for $4000, $2500, and $2500 respectively. Payment-in-full was to be paid upon completion of the job. Since the estimate gave a Total Job cost of $9,000.00 at the bottom, I assumed all phases would be started and completed within a reasonable amount of time with full payment upon completion.
After receiving numerous estimates from various local insulation companies, and the fact that Michael Eubanks was very persistent about the quality of work that he would perform (even going so far as to fax over an addendum to his original proposal further detailing the added services he would perform in my attic, i.E.organizing our belongings by erecting storage areas 8ft x 4ft in approximately 750 square feet, at no additional cost if we chose his company to complete the work). The representations Mr. Eubanks made in writing and verbally were the main factors in my decision making process. Consequently, I agreed to accept his proposal as spelled out in his estimate and he agreed to commit to the insulation job on my house starting the same week.
Almost a month later, on June 4th, he finally completed 1 of 3 phases listed in his estimate: underneath my house. He immediately asked for payment of that particular phase which was $3800.00 ($200 less due to my forced involvement in cleaning up debris his workers left in my neighbor's yard; this amount was suggested and approved by Mr. Eubanks himself). I paid his son-in-law, Tim Phillips, $3800 by check on June 4th with strict verbal confirmation from he AND Michael Eubanks that APS Insulation Services would be back on the 6th to commence work on the attic of my home.
I arranged my busy work schedule accordingly to accommodate Mr. Eubanks especially since his workers would be in my house. That day came and went without any communication from APS. The 7th and 8th passed too without consequence. Classified now as a no-show, I called him early Saturday morning, June 9th, to determine why he had not shown up to complete the work promised. He informed me that he no longer had any interests in completing the remaining phases of the insulation job on my home. He was quite frank in saying that he had made some poor judgments in pricing materials and labor in his estimate and didn't see a need to continue with the completion of the job. He also stated that he had hoped I would just forget about the rest of the job and would not press the issue further. He agreed that not communicating with me was not the proper way of conducting business. He also admitted that he had no intentions of ever completing the remaining two phases of the insulation job on my home once he received my $3800 check. As far as he is concerned, he sees no problems whatsoever as to how he has conducted himself in this unfinished transaction.
I am simply asking Mr. Eubanks to honor his commitment in the contract he made with me for APS Insulation Services to complete all phases left in his insulation estimate. He should either finish the work himself through his company or hire a subcontractor to complete the exact same work at Mr. Eubanks expense less the agreed upon amount stipulated in his documentation to me. Once the insulation work is complete, I will pay Mr. Eubanks the remaining $5000 on the balance due. I do not appreciate the fact that he has received a partial payment of $3800 for a $9000 insulation installation job from me and has abandoned the job site leaving me to my own inexperienced devices in the area of insulation. Regardless of his errors, omissions, and or miscalculations, he should honor our contract by completing the remaining portions of the job by any method (s) he sees fit.
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