TreeCon, homeowner in war of words
has filed suit against an angry homeowner who has refused to pay the balance of a bill for doors, windows and services provided by TreeCon Ltd.
TreeCon and the Bermuda Credit Association have sued architect Lawrence Brady for $12,200.63 through law firm, Scott & Associates.
But a surprised Mr. Brady made it clear yesterday that he would counter sue, claiming that Mr. Rowntree's company had agreed to do a job four years ago that still has not been completed, and which involved the use of unsatisfactory products at a house Mr. Brady had built on Ardsheal Drive in Paget.
Mr. Rowntree said yesterday that if there is a problem, TreeCon should be told about it so they can try to fix it.
But Mr. Brady said, "It's been in dispute for quite some time because of the poor quality of the products. It was windows and doors that leak and are dropping apart. He knows about it. I've spoken to him and faxed him several times.
"He never came back to do anything with them. The main part of the contract was supply only, but the mullions that fit between the two pieces of window glass just started falling apart.'' But Mr. Rowntree said yesterday that he had not been aware of any problems with the job and if the bill had been paid in full there would be no issue because the products would have been under warranty.
He said, "We've never heard about any problems. This writ is about the fact that Mr. Brady never finished paying for everything that he purchased from us.
That is irrespective of a number of personal events that led up to the completion of the work.
"He on several occasions verbally attested to the fact that everything met with his satisfaction and that he fully intended on paying. The only excuse he had was that he didn't have the money, but he would rent the premises and then as soon as he could, he would pay the balance. That's never materialised.
Anything else he might suggest is pure hogwash.'' But Mr. Brady said, "We had problems from day one, after we placed an order.
Things were not turning up on time. They said it would take a couple of weeks, but it took a year. They couldn't get things right. They had to re-order things. They took their own measurements, yet when the items arrived, they didn't fit.
"It caused me a great deal of lost time and revenue. I spoke to him about it.
The total contract was for more than $30,000, of which he's been paid $24,000.
But I couldn't pay him any more because I'm not satisfied with the product and he never completed supplying all the items he was supposed to. We will file a counter suit, because we've suffered damages and a great deal of distress because of this problem. We still have to replace the products.
"I have a tenant up there who has informed me that the products continue to suffer from leakage. I had someone go up there last summer to try to seal everything to protect from leaking. But it is the merchandise that is the problem.
"I've done all that I could do. The only way to solve this problem now is to take out the windows and doors completely. The doors are just falling apart.'' Mr. Rowntree said, "TreeCon Ltd. stands behind its products. If there was a problem, we would have rectified it in a flash. We were never advised the product wasn't up to standard and as a consequence, nothing was done.
"If we were made aware of it, we would have stood behind it. The problem, of course, is that it's kind of difficult to do so, when you haven't been paid for it.
"The idea is that you pay for a product totally and then you are backed up by warranties that we supply to our customers. He never got to that stage and that's why we are taking him to court, and justifiably so.'' Mr. Brady said, "I've found it very difficult to deal with Mr. Rowntree. He did come up once to look at the problem, said he would correct something, but never did anything. But he was supposed to provide other things, like trim bars and portions to the door. He just hasn't fulfilled the contract.'' Mr. Brady intends to meet with his lawyer, Dennis Dwyer of Hector & Dwyer. He said that he had been contacted by the Bermuda Credit Association and told them that it was a serious problem because of the product that the company had supplied and the service given.