Reroof America Contractors, Reroof America Mgmt Co Satisfactory Settlement
Reroof America Contractors refuses to pay Subcontractors Homeowner Mechanics Liens
I received this letter from Reroof America aka Reroof America Management Corporation aka Reroof America Contractors lawyer in response to my debt collections efforts, verbatim as written:Kornfeld Franklin Renegar & RandallA Professional CorporationATTORNEYS AT LAWTHE RENEGAR BUILDING2964 VIA ESPERANZAOKLAHOMA CITY, OK 73013TELEPHONE (405)285-****FACSIMILE (405)285-****JOAN A. RENEGARE-Mail: [REDACTED]July 21, 2011Via Certified MailCraig WallRoofing In Colorado, Inc.1181 S.
Sable Blvd. Ste EAurora, CO 80012Re: Reroof America Corporation and Reroof America ContractorsDear Mr. Wall:I am writing this letter on behalf of Reroof America Corporation and Reroof America Contractors (collectively referred to as Reroof) regarding your extreme and unwarranted behavior toward Reroof, including your constant and harassing letters and emails to my client, your letter of June 20, 2011 to your Missouri clients, and your three negative reports regarding Reroof that you posted on www.ripoffreports.com. Your actions are defamatory and constitute tortuous interference with advantageous business relationships.My client received letters from attorneys in Colorado, Missouri, and Arizona regarding your baseless claims that Reroof has failed to pay monies owed to you as an independent contractor for Reroof.
My client promptly and thoroughly replied to your attorneysâ€™ letters and I have attached both the letters from the attorneys and the replies from my client. My clientâ€™s replies make it very clear that they have complied with all terms of their contract with you that was signed on October 11, 2011. I have also attached a copy of the Independent Contractor Agreement Promissory Note Agreement (collectively referred to as â€œAgreementâ€). Any additional commissions due will be paid pursuant to the Agreement.Upon receipt of this letter, you are to cease and desist all communications with Reroof; all communications with past, present, and future clients that make negative statements regarding Reroof; all negative communications regarding Reroof on any and all forums, whether accessed through the internet or by any other means; any and all forms of negative communications regarding Reroof America.
Failure to comply with this cease and desist order will result in Reroof taking legal action which will include you being liable for all costs and attorneysâ€™ fees as per the Agreement.I trust this will bring an end to this dispute once and for all.Very Truly Yours,(signed)Joan A. RenegarFOR THE FIRMEnclosurescc: First Choice Repair [et al, REDACTED]This is a copy of my attorneyâ€™s letter to Reroof America Management Corporation which was apparently not provided to their own attorney, since no response has been forthcoming; I have since forwarded a copy to Ms. Renegar :Riggs, Abney, Neal, Turpen, Orbison and LewisA Professional CorporationAttorneys and Couselors at Law7979 East Tufts Avenue Parkway, Suite 1300Denver, Colorado 80237[non essential letterhead information REDACTED]July 29, 2011First Class and Certified MailReroof America Management CorporationJ.R. Emrich, President2904 Via EsperanzaEdmond, Oklahoma 73013Re: Roofing In Colorado, Inc.
Breach of Contract, Demand for PaymentDear Mr. Emrich:Mr. Craig Wall of Roofing In Colorado, Inc. recently contacted this Firm concerning problems arising under Independent Contractor Agreements with Reroof America.
I have been authorized to write today on behalf of Mr. Wall to present his final proposal for settlement.Mr. Wall states that his company has contracted with Reroof America branch locations in Colorado, Missouri, and Arizona, and that he is owed commissions for work performed in each of those locations. Mr.
Wall describes actions of Reroof America managers which are inconsistent with the terms of the Independent Contractor Agreements, including, but not limited to imposing requirements not required by contract, withholding job information, failure to timely invoice customers, imposing false chargebacks, and withholding payment of commissions. Mr. Wall alleges such actions constitute breaches of contract on the part of Reroof America , as well as violate the implied covenant of good faith and fair dealing.Acknowledging partial payment recently received in the amount of $784.61, as of today, Mr. Wall claims his company is still owed a total of $8685.39, which includes estimated commissions earned and expenses incurred through August 1, 2011.
Mr. Wall demands payment of this amount within seven (7) days of receipt of this letter, and in exchange will consider such payment in full and final settlement of any and all claims against Reroof America.Resolving this matter without the need for costly litigation is in the best interest of everyone involved here. However, if this offer of settlement is not accepted within seven (7) days, Mr. Wall does intend to pursue further legal action to enforce his rights, including making civil claims sounding in breach of contract, fraud, collusion and deceptive business practices, and wherein he will also be seeking a forensic audit of your financial records.Please accept by remitting payment in the amount of $8685.39 directly to Roofing In Colorado, Inc., attention Mr.
Wall, at 1181 South Sable Blvd., Aurora, Colorado 80012. The services of this firm have been made to available to Mr. Wall should further action be necessary, but for now, Reroof America or its legal counsel are free to communicate with Mr. Wall directly.
Thank you for your prompt attention to this matter.Very Truly Yours,(signed)Rebecca V. AmentFor the FirmThe following is my reply to the demands of Reroof America Management Corporationâ€™s lawyer Ms. Renegar:[ letterhead REDACTED (information redundant)]September 1, 2011Kornfeld, Franklin, Renegar & Randall, P.C.2964 Via EsperanzaOklahoma City OK 73013RE: Reroof America Management Corp. collection effortsDear Ms.
Renegar:Perhaps the enclosed letter crossed yours in the mail. Since Reroof America has been less than forthcoming with information and communications, I assume you may not have seen this letter as well. That these are baseless claims is incorrect. It is not illegal (or what you term â€œharassingâ€) to attempt to collect a debt, nor is it illegal to contact my previous clients (unless Reroof considers me an employee) unless the previous customers tell me otherwise.
There are numerous breaches of this so-called contract (not valid in all markets) that have been undertaken by Reroof representatives, simply to help Reroof America justify stealing from us. This behavior will not be tolerated.You may also refresh your memory as to the First and Fourteenth Amendments to the Constitution. Just because you demand â€œCease and Desistâ€ does not mean that I must comply with your directive, nor will I. My written reports state the facts as I see them.
The burden is on you and Reroof to prove my â€œbaseless claimsâ€ as otherwise.Not only will I continue to communicate with MY previous clients, several of them are prepared to witness or depose to the facts of the difficulties theyâ€™ve encountered with Reroof America management. In addition, there are numerous items that I will update my online entries with, including a copy of your letter. If I am forced to file court action in Oklahoma, there are additional monetary damages I will be seeking based on the boorish, unethical, unbusinesslike and egregious behavior of your client that will be added to the current amount due.There are indeed interest amounts due by Arizona law, unjustified charges to the wrong accounts in Colorado and Missouri, and failure to share pertinent customer information in all markets in order to verify that the commissions owed are indeed accurate, among many other issues. There are also additional collections costs and legal fees that will be billed as incurred, as will be interest.
I look forward to any actions you may take so we can have a judge look at this behavior, and determine who is right or wrong.When the amount listed on the enclosed invoice is received by my office I will sign a document acknowledging payment in full, and I will revise my online reports to reflect the settlement. If nothing is received and as time goes on, I will step up my collections efforts, up to and including contacting all past clients in all markets, in addition to making your letter and my letters, and photos, available to the online public forum.
I will not cease and desist, or will I â€œgo away.â€Sincerely,(signed)Craig Wall303-495-****cc:Reroof America Management Corp.First Choice RepairFile[google â€œreroof america complaintsâ€ to view numerous public records of court actions throughout the U.S. that describe Reroof America shoddy workmanship]
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