I have received a copy of the complaint filed by [Member names removed] regarding work we performed for them on their house located at [Member address removed]. I am glad to know that your organization allows for responses by a contractor/builder to provide another perspective of a situation. The complaint filed with Angie's list fails to mention some very key factors, nor represents what was at the center of [Member name removed] complaint (her resulting view of the valley). I am providing a timeline for your review and understanding. It should be noted that our clients were living in the residence being remodeled during the time we were working there, and had a clear view of all the work as it progressed on a daily basis, as it was directly visible below their living room window. I am submitting this information in order that you may reach an objective decision regarding this complaint and thus inform your members as you may determine prudent. I know that your members rely on an objective report by your company. I would be willing to submit documentation of the events listed below if it assists in your analysis. Pierce and Associates -Builders, LLC is in their 39th year of business in Helena, MT and is a custom design/ build firm. We have received various recognition and awards for building excellence and quality construction not only at the local level but at the state and national levels as well. Some of our employees have been with the firm for over 20 years. And we self- perform a good deal of the work that we contract to do for a client. a) 10-8-12 Contract was signed to provide new window and patio door into basement concrete wall by excavating dirt, cutting and removing concrete foundation wall, pouring two new reinforced concrete retaining walls, approx. 8' high x 40' long /ea. b) 10-23-12 Excavation began for concrete retaining walls as per original drawing provided c) 10-24-12 [Member names removed] requested changes on site to enlarge the excavation and change the original wall locations to afford them a better view. Paint lines were established in their presence. d) 10-30-12 Trench excavations were started for the concrete footings, [Member name removed] further directed changes to the shape of the concrete walls that day on site and reviewed a drawing we had prepared based on the last directive e) 11-5-12 Concrete footing and wall pours were started f) 11-21-13 Backfilling of retaining walls was substantially complete by this date g) 11-21-12 Our clients gave our foreman, of 23 years, a 'Thumbs Up', for the work being performed. There had been no indication of any dissatisfaction whatsoever to that date, and actually quite the opposite. h) 11-26-12 [Member name removed] and our foreman spoke about placing excess dirt in a nearby gully i) 11-28-12 Patio slab was poured, our project manager contacted [Member name removed] and she said it looked good j) 12-28-12 Work was substantially completed other than a backordered lockset for patio door, billing statement was issued by our project manager k) 1-3-13 Received a call from [Member name removed] that they wanted to meet and that she didn't understand any extra charges and had other concerns l) 1-7-13 Clients cancelled trim work on basement patio door to allow for future basement remodel work, and subsequently received credit for $ 622.72 m) 1-7-13 I met with clients at their house to discuss the extra charges for the additional work they had requested. ( additional door, additional concrete walls, additional dirtwork, pump septic tank, etc.) [Member name removed] was surprised to learn in the meeting that her husband had approved drawings of the retaining walls showing the changes discussed previously. This was the first time ever that [Member name removed] mentioned she did not like the view from her basement. No one at Pierce had any indication of any dissatisfaction prior to this date with any of the work. (as a matter of fact they had even invited our foreman, project manager and others to their New Year's Eve party as they had all gotten along so well during construction ) n) 1-7-13 I offered to discount their bill by $ 6,055.00 for the extra dirtwork and extra length of concrete walls as they didn't think that should be an extra charge. They also received a refund of their deposit of $ 1,500 since work was to be cancelled on the future bathroom remodel. They accepted and volunteered to issue me a check for $ 25,079.19 before I left. They even signed the statement showing the discounted amount that was agreed to. o) 1-7-13 Upon returning to my office there was a voice mail from [Member name removed] stating that she wanted us to move one of the concrete retaining walls as she would have a better view, but that she didn't want to pay for this ! p) 1-8-13 I called [Member name removed] and talked to her, and she said once she really looked at her view of the valley, she didn't like it ! Wanted us to move the wall at no charge to them. I said we could move it but, that they would have to pay for the work as they had approved the current location and watched the work being performed for 4 weeks and in its completed form for over a month after that, and never said a thing to anyone that they didn't like it. q) 1-11-13 [Member name removed] called and said if we would build her a glass sunroom free of charge she would be satisfied and wouldn't make us move the concrete wall to improve her view. I told her we couldn't do that at our expense. r) 1-15-13 Received notice from our bank that they had stopped payment on the check that [Member name removed] had issued on 1-7-13. s) 1-17-13 [Member name removed] called and said she was going to hire an attorney and would like us all to meet and discuss the matter. I told her I would be glad to meet and discuss further. She never did set up a meeting. t) 3-17-13 I sent a letter to [Member names removed] informing them that they need to pay their statement to avoid further action by us. No response from them. u) 3-26-13 Pierce and Associates filed a construction lien on their property for lack of payment ( we learned at that time that the property was titled in her name only) (it is worth noting, this is only the 2nd construction lien my firm has ever filed in a 39 year history) v) 3-29-13 Received a letter from their attorney informing us of their intent to file a construction defect lawsuit case against us for a shrinkage crack in the concrete retaining wall, and other issues. w) 5-6-13 Our attorney hired a structural engineer, and we visited the site, and met with [Member name removed], their attorney, and our attorney that day, [Member name removed] chose not to attend the meeting x) 5-8-13 The structural engineer issued a report to all parties certifying that there were no structural issues with the concrete wall and that the design was proper for all the loads, and the minor crack was a shrinkage/temperature crack only and was not abnormal y) 6-17-13 Our clients informed us they are going to pay the amount owed. We agreed to release the lien upon payment z) 6-18-13 Received notice of a complaint filed by [Member name removed] with the MT Consumer Protection Office/Dept. of Justice aa) 6-19-13 We informed Dept. of Justice of false document information that was filed by [Member name removed] and have provided copies of reports, contracts, etc. (investigation of false document submittal to government agency pending) bb) 6-19-13 Received letter from Angie's list regarding complaint by [Member name removed] In summary, the overriding issue was [Member name removed]'s 'view of the valley' weeks after the work was completed and her insistence that we move the wall at our expense. When we would not do that, she engaged in inexplicable methods to discredit us. Respectfully, William B. Pierce, Managing Member, Pierce and Associates-Builders, LLC