Herman Conklin - Owner Contractor

Not resolved

My complaint is against Herman Conklin who is a contractor who does patios and stonework. I contracted Herman Conklin to remove my existing deck and build a new one with pavers and stone work. He was also to build steps, walkways and benches. Also he was going to build a screenhouse with removable walls including windows, screens & french door. I signed a contract with him on 2/12/12 and he began work late March when the weather was good. He worked with his wife, Cathy and his daughter, Cassie. They worked 5 days a week weather permitting but in May everything changed. Herman came to me in mid-may and told me he did not put on his parking brake in his truck and it rolled down the hill and smashed the walls of the screenhouse breaking all the windows and doors. He said he was going to put in an insurance claim for it but this would delay the project. But if I were to advance him $2,500 he could purchase the windows and door to speed up the process and there would be no delay. So I advanced him the money. At the end of May, he stopped working. I left many messages on his home and cell phone without any response. Finally in July he returned my call and told me his son had a car accident and ruined someone's yard and he had to fix all of this in order for no charges to be made against his son. He said he would be done by August and would continue my job. In September, I called almost daily with no response. In October, Herman called and told me he had surgery and could not work for a long time but his brother was coming to take over the work. Since then, I have not heard back from him and no further work has been done. At this point, I know he is not goin to be calling me back and I am out $2,500 and need to find someone else to finish the job. Any help to get this matter resolved would be greatly appreciated.

I would be happy to get my $2,500 refunded as well as the original plans/drawings. The total amount of the contract was $21,800 of which I paid $17,000 as work was completed. I then advanced him $2,500 when his truck broke all the windows and door of the screenhouse.

I do NOT want him to complete this project since he has proven himself to be unreliable and has lied repeatedly to my face. If he were to complete the project, I fear that he would be destructive to the work already completed.

Review about: Contract Breach.

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