TOTAL GREEN, LLC, Monroe, NY
Last Post 21 Jul 2016 12:50 PM by Paul Auerbach. 26 Replies.
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deborahcouriUser is Offline
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13 Dec 2013 05:22 PM
I desperately need help with a contractor who took a $28,000 deposit in August and hasn't been seen since. On August 9, 2013 I signed a contract with Paul Auerbach of TOTAL-GREEN GEO-THERMAL SPECIALISTS to install a Geo-Thermal Heating and A/C System in a house I am building. On that day I gave him a deposit for $28,000. According to the contact, work was to begin on or about August 23, 2013 and be completed by December 1, 2013. The completion date has passed but the work has not begun. In addition to taking my $28,000 deposit, I am now incurring overrun charges with other contractors who have been held up by Paul Auerbach and Total Green. I've contact him over and over again. He has a different excuse each time. Any ideas?
ICFHybridUser is Offline
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13 Dec 2013 07:13 PM
Any ideas?
1) Don't give out deposits of that size. Just don't do it.
2) Contact an attorney immediately.
sailawayrbUser is Offline
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13 Dec 2013 07:24 PM
Exactly right, call an attorney immediately. Don't know what state you are in, but the better states also require licensing, bonding and liability insurance, and have construction contrator boards that would bleed this clown for a contract violation like this without you even needing to engage an attorney.
Borst Engineering & Construction LLC - Competence, Integrity and Professionalism are integral to all that we do!
Bill NeukranzUser is Offline
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13 Dec 2013 10:30 PM
If it was me, I would, immediately, and in this order:

1. Attempt to file a theft report with the police.

2. Contact the insurance company that has exposure to a loss if the structure were to suffer damage.  Possible coverage you may have (and may be unaware of) may be in jeopardy the longer the time period before being reported.  Essentially you've already suffered over $28K loss - no different than structural damage due to flood, fire, or wind.

3. Hire an attorney.  Include expert review of all insurance coverages (home owners, umbrella, etc.)  (don't just take the word of insurance company(ies) directly.  Explore all possible civil and criminal actions.

4. Hire an expert accountant that can strategize various financial alternatives for you, and strategize the financial economics of various options to get the structure finished.  Because of mechanic's liens and other liens associated with construction of the structure, you may currently have a financial exposure that is potentially devastating and/or clearly a bankruptcy situation.

With the theft of the $28K occurring now 4.5 months ago, I believe time is of the essence for you.

Good luck - I think you've got a very challenging situation.

Best regards,

Bill
Energy reduction & monitoring</br>
American Energy Efficiencies, Inc - Dallas, TX <A
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ICFHybridUser is Offline
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14 Dec 2013 01:20 AM
1. Attempt to file a theft report with the police
It's not theft. The money was GIVEN to him. It is a civil matter.
engineerUser is Offline
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14 Dec 2013 11:20 PM
I steered a valued remote client away from Auerbach a couple years ago...probably my most valuable single contribution to his project.

Cancel the contract, demand the money back. Pursue complaints with state licensing board and state attorney general. While this may not constitute the criminal act of theft, it could be fraudulent or deceptive business practice, also crimes, depending upon jurisdiction and circumstances. If it can be shown that Auerbach expended some or all of the $28k elsewhere, that could be a separate criminal act

A contractor so non-responsive may well have wronged others, so best get in line ASAP. Good luck!
Curt Kinder <br><br>

The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is - Winston Churchill <br><br><a href="http://www.greenersolutionsair.com">www.greenersolutionsair.com</a>
ICFHybridUser is Offline
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15 Dec 2013 09:26 AM
Cancel the contract
I would highly recommend contacting an attorney before "canceling" any contract.
sailawayrbUser is Offline
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15 Dec 2013 12:42 PM
Exactly right, do NOT cancel the contract. You will likely be suing for lack of contract compliance. I sure hope that you have a well written contract, otherwise your likelihood of obtaining a successful remedy will be greatly diminished.
Borst Engineering & Construction LLC - Competence, Integrity and Professionalism are integral to all that we do!
geodudeUser is Offline
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17 Dec 2013 08:29 AM
I would be interested to hear what his excuses were/are?

Sometimes jobs do get delayed.

I am hesitant to trash some ones business without hearing more details.


Can he still redeem himself?
joe.amiUser is Offline
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17 Dec 2013 09:23 AM
I agree geodude.
I'm always skeptical of complaints as they rarely offer context.

I also find hit and runs (one post and never heard from again) less credible. I'm not suggesting Deborah is exaggerating her claims, but there's no opportunity for dialogue without continued participation. I.E. What are some of the explanations for the delays, were other parts of the project on schedule or has that interfered etc.

I have a finance program that does not make incremental payments so I will only do one of those jobs at a time. The previous one moved slowly for a variety of reasons and delayed start of one I'm working on now. Weather is beggining to get in the way of the excavator and holidays are looming. It is unfortunate, but stuff happens.

Had Deborah started her geo shopping here she likely wouldn't be in this situation. Paul seems to be about the only blogging pro that prefers DX.


Joe Hardin
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geodudeUser is Offline
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17 Dec 2013 10:51 AM
Posted By joe.ami on 17 Dec 2013 09:23 AM
I also find hit and runs (one post and never heard from again) less credible. I'm not suggesting Deborah is exaggerating her claims, but there's no opportunity for dialogue without continued participation.


I could not agree with this more. I wonder if we will hear from Deborah again or Paul for that matter?
smartwallUser is Offline
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18 Dec 2013 08:45 AM
In NY it's considered theft and the clown can be arrested
deborahcouriUser is Offline
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18 Mar 2014 06:17 PM
The situation is pretty straight forward. The money given to Paul Auerbach and Total Green LLC was their 1/3 required deposit which I find to be standard. He's offered no explanation other than repeated start dates over the course of 5 months but never showed. The completion date per the contract was Dec 1 and we only agreed to such a late date only because he said it would be cold enough then to test the system. In the meantime he held up our home renovation which also cost us money. Auerbach had his attorney contact me and offered to give back the 'unused' portion of my $28,000 deposit which he claimed was $16,000 yet I have nothing to show, other than damages, for the $12,000 difference. I have no choice but to sue him, partly to get my money back and partly to ensure he doesn't do this to anyone else.
geodudeUser is Offline
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18 Mar 2014 07:37 PM
I am really sorry to hear this. I was really hoping that he would step up and make good on his agreement with you. Where you able to get someone to do the job for you?
ICFHybridUser is Offline
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18 Mar 2014 09:34 PM
yet I have nothing to show, other than damages, for the $12,000 difference. I have no choice but to sue him, partly to get my money back and partly to ensure he doesn't do this to anyone else.
Yeah, well, you see, that is why you don't give substantial deposits up front. It sort of protects everybody.

Other than a nominal amount to confirm the contract, you should pay NOTHING until work is done or products are in your control. That policy should not be burdensome to either party.
teshjUser is Offline
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19 Mar 2014 11:41 AM
deborahcouri, my company is very aware of Total Green's activities.
We have several customers who initially dealt with Total Green, and are now in litigation against him.
If you would like to join the list, please email me your contact information and we will be more than happy to put you in touch with them.

In the meantime, if you would like for someone in the area to assist you in this matter, and get your geothermal project underway, contact the company GEO at XXX-XXX-XXXX (Phone #'s and email addresses are not allowed in forum posts, please read the FAQs before posting).
They are a reputable company with an impeccable reputation.

So sorry to hear that this has happened again to somebody in our area.
Best of luck in getting your money back.

teshjUser is Offline
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19 Mar 2014 02:58 PM
Sorry for listing an email.
The company's name is Geothermal Energy Options out of LaGrangeville, NY.
The website is www.geo-us.com.

Give in touch with them, they can probably remedy the situation for you.
hvac101User is Offline
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24 Mar 2014 02:58 PM
I'm wondering if there has been some satisfaction to Deborah in this matter? Did you get a full refund? Has Total Green been in recent contact to resolve your contractual matter with them or given you any justifiable reason for the delay in performing the contracted work?
deborahcouriUser is Offline
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21 Dec 2014 08:48 PM
To HVAC101, not sure what you'd call satisfaction. Paul Auerbach's contract called for mediation. I filed and was awarded my $28,000 back. Shortly thereafter he filed for bankruptcy. The court will protect him but not me??
Paul AuerbachUser is Offline
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22 Dec 2014 01:20 PM
To The Forum,

I've purposely not responded online to inaccurate,intentionally damaging posts. Most placed by John Tesh of Geo-Us, a local competitor who would prefer Total Green be out of business. John and Geo-Us would exploit any opportunity to make that happen. Total Green won't be trashed by a second rate hack with an obvious agenda.

Geodude has it right - lets not trash anyone before all the facts are disclosed.

As many of you know, Total Green, LLC has been in business since 2007. We've designed and installed over 150 systems, both Direct Exchange (DX) and water Loops for more than 70 clients who will overwhelmingly attest to our integrity and the quality of our work. We prefer DX but are happy to install water loop systems. A water loop system was planned for Couri-D'Amico.

And speaking of Mrs. Couri-D'Amico; there are two sides to every story. Client as general contractor should be sufficient but there were site and building contractor issues from the beginning which prevented project completion. But I don't want to get into the weeds on this and present "he said, she said" in this forum nor create work for lawyers.

Total Green filed a CHAPTER 11 bankruptcy, a court supervised reorganization. This is not a liquidation and Total Green is in business and will continue to be - designing and installing the best geothermal in the area - be it DX or water loops.

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