A letter of demand

Following is the letter I sent via certified mail:

June 24, 2014 Juan Garcia Construction 7721 Gayglen Drive, Dallas, TX 75217 (claimed home address) 2517 Franklin Dr Ste J, Mesquite, TX 75150 (claimed business address) Dear Mr. Garcia: This letter is to serve notice that I am seeking to terminate our previous contractual agreement. Additionally, this notice is to inform you that I will not permit any additional work on my property until we reach a mutually agreed continuing agreement in writing. Specific concerns and complaints include: • At the time I am typing this, you have gone 12 days without appearing on my property to complete ANY work. • You have set (and now missed) 6 separate deadlines to complete the work. • You have not completed ANY single task that you contracted to perform. o You did not install additional soffit vents per our initial agreement o You did not perform a reasonable job preparing to paint (scraping, sanding, caulking). o Although you sprayed the soffits around the house and detached garage, you did not complete cutting in the majority of perimeter. o Although you removed the retaining wall around the pool, you did no work to begin reconstructing it. o You started to remove the leaning brick privacy wall, but you did not remove the debris as promised. Similarly, you did not begin to remove the matching brick privacy wall and repair the corner of the house as requested. o Although you purchased the material to repair the hole in the covered patio ceiling, you did not make the requested repair. Furthermore, the materials purchased were cut incorrectly so they could not even be used to complete the job. o Although some materials (sand, stone and concrete) were delivered and left to do the rebuild the retaining wall, two other stone masons said the materials onsite are not sufficient to complete the work. o You did not leave the primer or epoxy to resurface the pool deck nor perform any prep work including scraping, filling in cracks, or repairing the pool coping. • You have become increasingly slow to answer text messages or communicate delays. Furthermore, you have now stopped answering phone calls. At this point I have provided two checks totaling $5,800. You stated your crew receives $180/day and you take $250/day- for a total of $430/day. You worked for 2 days for a total of $860. I will also provide a 25% allowance for the 2 hours you worked on Thursday for $107.50. This makes for a total labor allowance of $967.50. The stone that was delivered is of no use to me for this project and you are welcome to come take it back as I am now refusing to accept it while I pursue other ways to complete the project. Add 2 yards (generous) of sand @ $55/yard and 5 bags of cement @ $17/bag, I will allow another $200 for the materials for the wall. Finally 10 gallons of paint at $30/gallon plus a case of caulking (12 @ $2) makes for $324 for painting. Added together, I calculate a reasonable cost for materials and labor so far to be $1491. I will round to the nearest hundred in your favor for $1500. This means the amount I am seeking to be returned for services not performed is $4,300. To compensate for any miscalculations on my part and to be finished with this, I will accept a cashiers check or money order for $4,000 even and consider the matter resolved. These funds should be provided within 2 weeks of the date of this letter. Anthony Morris <my address here>