I have received another communication from Metricon's "Service" and Warranty department, where they said they will send someone out to take a look at the debris in our backyard, but warning me that if they are not satisfied that there is enough debris to remove, then they will "simply determine this matter closed".
I replied making the following points:
1. Metricon claim that the debris was buried underground because it was wet, and a bobcat ran over it, pushing it into the ground. I said that if they let a bobcat run over the debris after it rained and pushed it into the ground, how does this make it my responsibility to clean it up? I think it makes it even more clear that they didn't clean the site according to the contract, and they need to finish the job.
2. That Metricon claims that they are not responsible for cleaning up small amounts of debris gives the impression that they are taking advantage of the work we have already done ourselves, in order to get out of the remaining work. I have told him previously that this issue is 5 months old, that the site supervisor in fact agreed to remove it, and have told him how much work we have done ourselves, but he does not seem to be interested in any of that. All he did was make a vague statement that their construction staff do not agree with something that I said, though he didn't specify what they disagree with or who disagreed with it.
So, all I am waiting for now is for him to send someone out to assess the quantity of debris, and see if he deems it to be worth their time clearing. I think he has already decided, and I am fully expecting this to go to BACV and then to VCAT. But I will wait until he gives a definite "no", as I want to exhaust all possibilities before taking it to BACV.
Monday, August 8, 2011
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