Monday: June 9th
- Contract signed.
- Check for $3800 given
- He said he would begin work Tuesday between 7:30AM and 8:00
- Per voicemail message, said stone would be delivered Wednesday morning. Sand and cement scheduled to be delivered Tuesday afternoon.
Tuesday: June 10th : No adverse weather noted
- 7:55AM -> I need to take off for work. Are you almost here?
- He arrived at the house within moments.
- They started to remove the retaining wall around the pool. Also started to prep the house for painting.
- 4:53 -> PHONE CALL (4 min, 55 sec). I forget the content of the conversation right now.
Wednesday: June 11th : No adverse weather noted locally
- Supposed rains at rock yard prevented trucks for getting stone. Attempting to setup delivery for Thursday instead.
- Started to paint house and detached garage.
- Moved excavated dirt to spot below swing set.
- Brick privacy wall torn down.
- He informed that his father had heart attack and died. Promised to finish job Thursday.
- 4:18PM <- UNANSWERED PHONE CALL
Thursday: June 12th: Thunderstorms and rain in area
- ~8:00AM : Sand, concrete and rock delivered. I provided a second check for $2000.
- Assured me job would be finished today. Said he had another job in Waxahachie and he needed to move his crew.
- Said he was going to issue paychecks on Friday and go to Laredo for father's funeral.
- 10:22AM -> Everything okay? Your crew is gone.
- 10:24AM <- PHONE CALL (He advised they were at home depot.)
- 11:22AM <- Sir got up pool product in us garagage mom just had a massive heart attack will call u ASAP on long distance call
- 11:49AM -> no problem take of your family!
- 11:49AM -> sorry for the typo. take care of your family!
- 11:50AM -> thanks for the communication!!! I'll be praying for her.
- 12:02PM <- Tks
- 5:33PM -> how is your mom?
- 6:18PM <- Little better stable now
- 6:49PM -> Very good. When you are able, please give me an idea of where we go from here.. but take care for family first.
- 6:55PM <- Thank you sir my will be their Saturday by 8:00am to complete ur job sir thank you so very much
- 7:13PM -> Thanks. I will keep your family in my prayers and see your crew on Saturday.
- 7:15PM <- Thank you for your business and concerns really appreciate it a lot may God bless you and your family sincerely jr
Friday: June 13th: No adverse weather
- 5:35PM -> I'm trying to plan my weekend right now... do you have an idea what time you will be here?
- 5:36PM -> not you I mean your crew
- 5:37PM <- PHONE CALL (1 min 31 seconds). Sounded very distraught. Said he could not emotionally stand to bury both his parents at the same time. Said he was not going to the funeral but that he wanted to stay and finish the job instead.
Saturday June 14th: No adverse weather
- 9:32AM -> "Is your crew still coming today"
- 9:54AM -> UNANSWERED PHONE CALL (47 seconds)
- 10:14AM -> UNANSWERED PHONE CALL (59 seconds)
- 11:07AM -> UNANSWERED PHONE CALL (43 seconds)
- 11:09AM -> "Looks like today is not happening. I hope you decided to go to Laredo for the funeral. Do you have a new plan to finish my house?"
- 11:28AM <- Very sorry. this is Jr wife my husband is in Baylor hospital since last night he had a massive heart attack he is doing well now he had surgery last night almost didn't make it but he is stable now it's cause of the death of his father Thursday then his mom passed Friday please under stand husband will call u when he gets out of intensive care thank you Mrs. zita.f.garcia
- NOTE: She txted a picture of him lying in a hospital bed.
- 12:27 -> I am so sorry. I know he was know feeling well when i talked to him last night. I will continue praying.
- 12:31PM : CALLED BAYLOR. THEY HAD NO PATIENT NAMED JUAN or JR GARCIA (or III)
- 12:37PM <- Thank you really hope u understand he will finish ur work my husband is very good at doing what he says
- 1:32PM -> No problem. Let me also make an offer... I am certain he is under a lot of stress right now and I believe he had bigger jobs than mine lined up. If it would be easier on your family, he could return money for an agreed amount instead. To be clear, I'm not asking for this just trying to give your options when you may not have a lot... but I need work here completed no later than the 24th.
- 2:29 <- My husband said they will be done Monday for sure
- 2:51PM -> Just make sure you take care of family first.
- 2:54PM <- Thank u
- 3:24 <- UNANSWERED PHONE CALL
Sunday June 15th: No adverse weather
- 3:56PM : TRIED BAYLOR AGAIN. STILL NO PATIENT NAMED JUAN OR JR GARCIA (or III).
- 4:03PM -> I tried to send flowers but the hospital couldn't locate him in the registry. Is he able to receive flowers?
- 5:37PM -> UNANSWERED PHONE CALL
- 5:43PM <- We are here at the hospital waiting for him to get releases u will have a crew out their tomorrow morning
- 5:45PM -> I was trying to find out where I could send flowers but if you are getting released out may be too late.
- 5:46PM <- He was transferred to Parkland hospital sorry for any inconvenience
- 7:47PM : CALLED PARKLAND HOSPITAL. NO RECORD OF JUAN *or* JR GARCIA (or III).
- Monday, June 16th: No adverse weather
- 8:52AM -> My wife says the crew is not there yet. What time are they going to start?
- 9:04AM <- Sir this is Jr I got home last night at 2:4G am crew was not notified I will be their with them at 7:00am tomorrow and we will finish u 100%tomorrow morning ok thank you
- 9:08AM -> Thank you. I hope I am showing compassion in your exceedingly difficult situation, but this is now the 4th date you've given me. It is now creating difficulty in my own home.
- 9:09AM <- PHONE CALL (1 min 14 sec). Called to assure job would be completed on Tuesday.
- 4:55PM -> It's been a long day for me and I suspect the same for you... are you still on track to come tomorrow at 7:00?
- 5:37PM <- Yes sir
Tuesday, June 17th: No adverse weather
- 7:20AM -> You still coming today?
- 7:29AM -> PHONE CALL (38 seconds). He answered said he was 12 minutes away.
- 8:13AM -> UNANSWERED PHONE CALL
- 8:31AM -> UNANSWERED PHONE CALL
- 8:32AM -> It's been an hour since you said you'd be here in 12 minutes. Problems?
- 8:44AM -> UNANSWERED PHONE CALL
- 9:00AM -> UNANSWERED PHONE CALL
- 9:36AM -> I need an update please. What's going on.
- 10:51AM -> UNANSWERED PHONE CALL
- 11:32AM -> PHONE CALL FROM WORK PHONE - He answered and said he was at U-haul trying to get a trailer. Hung up before I could talk to him.
- 2:46PM -> UNANSWERED PHONE CALL
- 4:00PM -> UNANSWERED PHONE CALL
- 7:21PM -> UNANSWERED PHONE CALL
Wednesday, June 18th: No adverse weather
- 7:17AM -> Are you coming today?
- 5:26PM <- Hello sir just got a hold of my Mason crew they have been very busy finishing a house and won't be able to make it to u r retaining wall till Saturday if they don't make it their I can reemburse u 500.00 plus 700 u still owe is well enough for us wall and stain let's wait till Saturday or the Jr
Thursday, June 19th: No adverse weather
- 11:56AM -> Please do. This has gone too long now.
- 12:43AM <- Yes sir.
Friday, June 20th: No adverse weather
- 5:02PM -> are we still on track for tomorrow?
- 5:03 <- Yes
Saturday, June 21st: No adverse weather
- 8:07AM -> What time will your crew get here?
- 8:44AM -> Does this mean you are not coming today?
- 9:00AM -> UNANSWERED PHONE CALL
- 9:06AM <- They have orders to go today
- 9:19AM -> If your crew can't make it, why don't you just come by and let's just settle up.
- 9:28AM <- If they don't show up today we will settle on Monday at noon at u r home or tk
- 9:29AM -> I'm not going to be home Monday.
- 9:30AM <- Then Tuesday
- 9:31AM -> How about today or tomorrow?
- 9:31AM <- I'm in Tyler till Monday sir working
- 9:32AM -> I'm working every day next week.
- 9:34AM -> Then I'll break it down and send it throw mail Monday noon and text u the amount
- 9:37AM -> PHONE CALL. I explained I needed the work completed and was more interested in getting the work completed today than money back next week. I also expressed concerns that painting was not completed and I did not receive epoxy materials for the patio. He claimed he put them in the garage. I said I did not see the materials but would check again.
- 9:46AM -> Not sure what to say about the epoxy. It's not in the garage.
- 11:17AM -> So we are still on the same page, they still aren't here.
- 2:41PM -> UNASWERED PHONE CALL
- 2:43PM -> I understand you are in Tyler so you can't do anything more than call them, but it is 2:43 and they never came today.
- 3:02PM <- Okay sir I can do it Monday around 12:00pm or we can return u some money
- 3:40PM -> I'd rather you finish the job...buy here's the thing. You have more given and missed 5 dates that you said you would be finished by. Every time you give me a date, you miss it.
- 3:42PM <- I will be there 100%sure please trust me this time please
- 9:17PM -> I need you to make this right. The best ending (and my desire) would be for you to finish the job Monday. I just don't see how that can happen. Can it be done?
Sunday, June 22nd
- 1:02PM -> So what should I expect tomorrow? You going to try and bring a Crew to finish?
- 5:22PM -> After this rain, the dirt is starting to collapse without a wall to hold it up.
- 5:49PM <- We will dig it out sir don't wory
Monday, June 23rd
- 11:14AM -> UNASWERED PHONE CALL
- 12:00PM -> Are you still going to make it by today? Bringing a crew? do you have an expected finish date?
- 2:19PM -> UNASWERED PHONE CALL
- 2:32PM -> I just talked to my wife. She says no one is at the house working. You said 100% sure you would be there.
- 4:30PM <- Sir just arriving with trailer trash and all from Tyler sorry didn't have battery rain held us back sorry sir
- 7:46PM -> What's the new plan to finish?
Tuesday, June 24th
- 6:53AM -> Good morning. Do you have a new plan to finish?
- 9:17AM -> UNANSWERED PHONE CALL
- 11:47AM -> He. What's happening sir? Any progress on my house?
- 11:59AM <- Be their at 7:00am
- 12:00PM -> Wednesday?
- 12:00PM <- [He texted pictures of a ceiling collapsed] This is how my house is with all the rain
Wednesday, June 25th
- 7:34AM -> I stayed until 7:30. You never came. do you plan to finish the job?
- 11:39AM <- Sir come on its pouring rain r u serious
- 11:44AM -> Not sure where you are, but it is not raining in Allen. It wasn't raining in Rockwall this morning, and radar doesn't show rain.
- 11:49AM <- Dallas was pouring an does quote it just started to stop raining sir
- 11:51AM -> Fine enough. What's the new plan then?
- 12:57PM -> Let's do this because I am sure you have bigger jobs than mine. What is a fair refund in your mind?
Thursday, June 26th
- 7:43AM -> What is a fair refund?
- 8:13AM <- U tell me
- NOTE: I didn't answer the previous text because I had sent a certified letter answering this.
Monday, June 30th
- 7:00AM -> Did you send my refund yet?
- 4:47PM -> I need a refund before this ends badly
- 4:48PM -> Correction. I need a refund SO this doesn't end badly
- 5:19PM <- Excuse me ur asking for the refund I need to go to the office and see what should be reemberssed if any I have attorneys also sir so please no treats ts I'll be back with u in the next 7 days due to 4 of July holidays
- 5:25PM -> By my math, I calculate $4000 refund to be fair
- 6:08PM <- Hahaha come on are u serious what about the stone and painting sirrr
- 6:26PM -> It's all in my letter. You can give it to your lawyers.
- 6:28PM -> In fact, give me their name/address and I'll deliver it myself.
- 6:38PM <- 4000 r u really serious u adding r wrong
Tuesday, July 1st
- 8:29AM -> Perhaps somethng is added wrong then. But painting is not finished nor was it prepared well and I have overspray on bricks, patios and my pool heater. Wall was torn down but not started to be rebuilt. Nothing was done on pool deck or patio. Hole in ceiling was left alone. Debris from privacy wall was left. Three different stone masons have looked at the project since you left and said stone is not right kind nor enough to do the squares and rectangles. Those are my reasons. To say you deserve $1800 for your time here is hard to defend.
- 7:36PM <- I can return you 1,800 cashiers check if not we can discuss this in court.
Wednesday, July 2nd
- 8:28AM -> Okay
