For the sake of brevity, here is the the reader?s digest version of the story. In August 2011, I hired a freelance interior designer to work with me on a kitchen/dining room project. One key element was that it had to have a fireplace. At the same time, we replaced the wood burning fireplace in our bedroom, and specked one of the Fireplace Xtraordinair's bed and breakfast corner units.
The units were ordered, delivered and installed without incident and work was as expected. In January, I received an invoice from the designers company, Wright Design, for the final payment on the fireplace units. Upon receipt, I sent a check and determined that the transaction was closed. Everyone is happy, all good.
In July, almost 6 months later, a letter from The Energy House, addressed to the designer arrived at my home. I had not had any communication with them since I paid her final invoice in January. I opened the letter, and discovered a note from Alan Karcich asking for payment from an invoice he sent the designer in December 2011. Feeling an obligation to connect Alan to the designer, I sent a note out to both of them, with a copy of the final invoice and proof of payment I had with the designer, asking them to work it out and settle any discrepancy.
That is when my troubles began and to this day, I am discouraged that my communications and attempt to help connect the two parties who had a dispute with each other implicated me and cost me time and money.
Fast forward to October 2012, when I was served papers and notified that I was being sued by The Energy House in small claims with a court date of Nov 5, 2012.
A few facts:
My name is not on any contract of paperwork with The Energy House, in fact, I did not know who they were until July 2012. I never visited their shop, recommended them as a business or had any contact with them until July 2012, when I reached out to them.
Alan sued me because he could contact me and I was responsive. I have built and remodeled homes 7 home over the 20 years as a home owner and individual. I have dealt with contractors, suppliers, architects, designers, building inspectors and county planning departments. I have never had any dispute with anyone until this interaction with The Energy House. This was my first time to small claims court and not one I am anxious to repeat.
One the other hand, Alan seemed quite comfortable in the court house. His company, The Energy House was named as the Plaintiff in 3 different suits on the day I was at court. He knew the judge, the process, and had a good idea of the outcome. He is a litigious.
He is also unscrupulous and a liar. He went after me because he knew that even though it was his poor and unprofessional business practices that got us into this situation, since his equipment went to my house, he could lien my property. In the state of California, you can put a lien on anyone?s house, for any reason-even fictitious justifications are approved by the courts. All this, even though I explained that I didn?t have a contract and could provide proof of payment.
I asked Alan why he released the equipment to the designer without final payment; he knowingly and incorrectly sited the California law about final payment and debt collection being due on final inspection, not delivery of equipment. The designer bought equipment, and final payment should have been collected at the time of delivery. How do I know? My brother owns a large residential building contractor firm and he knows the law and proper accounting and billing policy. None of which The Energy House adheres to.
I asked Alan why he didn?t go after the designer, as he had the contract with her. He is lazy and since he could find me, I was the easy target. To my knowledge, he didn?t even bother to contact her.
While in small claim court the arbitrator asked Alan if he knew the designer and to my surprise and under oath, Alan stated that he had never met the designer. That is blatant lie and he used to cover-up the fact that he didn?t bother to find the right person, because again I was the easy target.
So where did this end?
First off, I am out $2000.00 as that was the only way I was going to get out of the courthouse without my credit being damaged and/or a lien on my property.
Second, I have posted Angie?s List and Yelp with a STRONG AVOID Rating. I have never posted anything positive or negative about any company, but this warrants some visibility. Obviously Alan is a person who lacks integrity, has poor business and accounting practices that are imposed on clients, regardless of the lack of contract and he is very comfortable in the courts. I don?t know a walking soul who would want to do business with a company with this type of reputation.
Third, I am strongly recommending to avoid buying anything from The Energy House in either Campbell or San Mateo or anything from Travis Industries (Fireplace Xtraordinair, Avalon, Lopi or Tempest Torch. After several attempts to contact Kurt Rumens, the CEO of Travis Industries, and the manufacture of the Fireplace Xtraordinair units with not so much as a return phone call. I reviewed the Complaints in California site and there are several postings by owners of Fireplace Xtraordinair units who have not received responses their requests for service.
Do yourself a favor, save time and money, while protecting your credit and go with Mendota or Heat N Glo fireplace and buy it from Extreme Heat Source in Campbell or Santa Cruz Spas in Santa Cruz.