Mr. Foster was engaged to propose a design re-siding my home. He was was paid $2,500 for a a preliminary investigation and preparation of a proposal with a design scheme.
He then present drawings recommending a material called Versatex to be framed with Frey Reglets - a design that I liked. He informed me that this work would cost between $75,000 - $100,000 - which I acknowledged was acceptable.
Upon completion of a signed agreement, Mr. Foster was pre-paid $4,000 against his anticipated ultimate 15% fee - expected to be maximum of $15,000 based on his cost estimate
Over a period of months, Mr. Foster proceeded with drawings and specifications that he ultimately submitted to a contractor of his choice.
The contractor's estimate was $156,777 and did not include an allowance for the fences - a key element of the houses' appearance and part of the proposed design scheme.
I then chose not to proceed with his plan given that the actual cost would be at least 75% more than his high estimate. Mr. Foster then submitted a revised scheme without the Frey Reglets and without painting the material to reduce the cost by $50,000 (still without fences) and get the project within budget. He described his revisions as equivalent to the agreed upon design.
I indicated that I was not interested in proceeding with the project as his revised design was unacceptable: it was significantly different than what had been discussed for months, and I found it unattractive. In addition, Mr. Foster then described the Versatex as "experimental" - a term that had never been used before.
Mr. Foster then sent an invoice for $8,000 to get him to 80% of his $15,000 fee ($12,000 =4,000 initial payment + 8,000 additional) : he declared he had delivered 80% of the work of a $100,000 job. My total payments to him were $6,500.
After I declined to pay Mr. Foster placed a Mechanic's Lien for $8,000 on my property. I again made my position clear to Mr. Foster and requested immediate removal of this lien.
I have had to engage an attorney and I have now filed a complaint with the appropriate New York State agency. I am also left with a lien that encumbers aspects of ownership of my home. read more
