Northern Construction

Description of Work: Joseph Russo gave me a proposal, dated June 15, 2013 that had the scope of work. He signed the proposal and dated it on June 16, 2013. Painting front entry ceiling, walls and hallway. Total cost of restoration work $1,192. He wanted 50% upon contract signing and 50% upon completion of work. On June 16, 2013 I gave him a deposit check in the amount of $500 that was dated for this day. However I did not sign the check until June 18, 2013. After I signed the check, I handed him the check and I watched. him walk into my bank and cash the check, so this was the day that we finalized the contract. (Tuesday) June 18th Tuesday June 18th was the day that Joeseph Russo came to my home with his painter and his painter's helper. The 4 of us stood in the entry way that was going to be painted and I then showed him the master bedroom closest where I wanted to have some carpentry work done. When we went back downstairs, the Painter told Joe,"I thought I was going to walk into this home and slap paint on the walls, that is not the case, I will have to leave and go get my taper and Galway and I will be back in 1 hour." Joe Russo said he had to leave and that he would be back in and hour. I also left to go get my oil changed and I told them I would be back in 1 hour as well. While I was at Jiffy Lube, Joe Russo called and told me that I did not sign the check. I told him that i knew that because I explained him that the check would be signed once the work began. Joe Russo, drove to Jiffy Lube, I signed the check and watched him park his car, walk into my bank and cash the check. The work on my car took longer than expected. I arrived home around 12:30 PM. When I got back to my house, Joe Russo, the painter, taper and the helper had not yet returned and no work had been started. I called Joe Russo on his cell phone, I told him that I had returned to my home and none of the workers were there. Joe Russo did not know where his workers were. I asked him what was happening, he explained he would try and call the painter. Joe said, his painter told him that his truck overheated and he would not be able to get back my home until Wednesday June 19, 2013. I told Joe that this would not work for me because I have to give at least a 24 hour notice to ask off from work unless it was an emergency and I did not consider this an emergency. On the morning of Wednesday June 19, 2013 I called Joe Russo using my office phone and verbally cancelled the contract. With New York state law you have 72 hours to cancel a contract and still get a full refund. I have made several attempts and have talked to him multiple times to get my full refund. To date, I have not been given a refund. Joe Russo has never come to my house to give me a refund, he has never called me regarding the refund. He has made no attempt freely on his own to arrange to give me a full refund. On Angie's List, it says on his profile page that he does give free estimates. Joe Russo told me that I owe him for the time they took to look at the job to prepare the estimate and for the time he took to get the materials for the job when no work had even been done. And for the day that Joe Russo, his painter and the painter's helper spent at my house. I have never seen any materials whatso ever. August 12, 6:14 PM Joe Russo called and said that Thursday August 15th his wife would be writing a check for the full refund of $500. This information was repeated to Joe and he agreed on the date and dollar amount. on Thursday August 15 Joe Russo was supposed to give me a check for the full refund amount of $500 At 4:30 PM on August 15, Joe Russo said that he had to stop at a job in Albany and that he would return the call me in 35 minutes, but he never did. At 5:24 PM on August 15, 2013, I called Joe Russo and he said he was at Saratoga Hospital with one of his workers who had fallen off a 4 foot ladder and suffered a broken ankle. Joe Russo said that he would meet up with my on Friday, August 16 after he had talked with his wife and she would write out the check. At 12:45 PM on August 16, 2013 Joe Russo said he was working on getting his wife to prepare a letter of settlement and to write the check. Joe Russo said he was semi retired and did not need any work. At 1:35 PM on August 16, A text from Joe Russo states "Lisa (his wife) has not prepared the paper work yet, when she does I will contact you." I had told Joe that if I did not have my refund by close of business on August 16th, 5 PM I would file a small claims court proceeding. His reply to this "My wife told me that she would just brng witnesses on my behalf and herself as a witness as Cynthia, had myself and my painter running around to accommadate her needs. We have cost regarding the job. My wife told me that she will provide a refund on my behalf at the end of next week when she doesbills. With the appropriate documented deductions." Numerous times that initial week, 9 AM on July 6, 2013 He said he would give me a check this week, but no payment.August 5, 2013 (Monday) Joe Russo said he would give me a check next weekend on Saturday August 10.Monday August 12, I stopped by his house, he explained that he was out of town all weekend at Lake George. But I actually saw him sitting on his front lawn with his dog on Saturday August 10.