So... Will you do right by the client and refund the deposit, per mediation??

Awhile ago I steered a remote consult mid-Atlantic client clear of a similar decision...it appears I well earned my fee that day.

The requirement of a big up front deposit should wave a big red flag.

Yes Paul, please tell us the rest of the story with the $28,000. If you want us to believe you are a responsible contractor!

Total Green,

Let's approach this matter as professionals. This thread originated from a troubled client of yours who sought help and advice from members here regarding a contractual matter with your company.
My involvement on this thread was to offer assistance in this matter, and to convey professional information regarding your company's reputation.
My participation is minimal as I prefer to glean from this forum knowledge and use it to further better myself professionally.

Since you have chosen to call me out by name, I feel as though you are taking this matter to a personal level, which is wrong.
We are competitors, that is correct, and it is a pleasure to work in this same region as you as it lends to a competitive business environment.
But let us not resort to name calling and false accusations.
I have no agenda other than to make a living engineering, specifying, and installing geothermal heat pump systems.

Paul, as you may already be aware, our local geothermal industry has long suffered a negative reputation as a result of failed geothermal heating and cooling systems installed by what can be termed "rogue professionals."
Clients are paying a premium for systems intended to save energy and associated costs, while providing and maintaining comfort levels.
These systems are intended to operate at lifetimes in the upwards of 20 to 25 years, not 20 to 25 months.

It is true, I have an active client log of former Total Green clients. I average four to six a year.
I have termed these clients "orphaned systems" as the installer AND manufacturer has abandoned them and left them out in the cold, literally.
They approach me with the same opening dialogue, "I have a Total Green Geothermal System that is not working and I can not get any support from the installer..."

I tend to lose money on all of these types of clients/projects because I invest the time and money in repairing not only the physical system itself, but also the reputation of our regional geothermal heat pump industry and market.
I do this at a loss; for the clients have already spent a premium on a system that is has not lived up to its expectations as projected by your company.

At let me be clear, you are not the only company in our area with this professional reputation. There are other contractors who are operating with the same modus operandi.

I applaud you for your business model. Your company structure is to be desired as you absolve yourself of all professional responsibility in your contracts.
You outsource design, specification, drilling, HVAC installation, and service. To the best of my knowledge, the only thing you touch is the commissioning of the units at start up.

Yet it is because of this business method that your clients suffer when they need something.
No one other than yourself knows anything about the equipment technology when something goes wrong and needs to be corrected.
You promote DX technology to its fullest potential, yet you do not staff any refrigerant engineers or technicians that can service these units.
A current forum member here used to be that person, but I know he has since left your operation.
What could be more disastrous than not having anyone available with knowledge of these systems to help out these clients in need?

Paul, I implore you to do what is right.
The other active thread on this forum discussing your company is mentioning the appropriate methods of future conduct; do what is right; rip it out and fix it at any costs; take care of the customer.

I feel as though a simple phone call to me would have sufficed rather than resorting to the internet to express your distaste for me.
I leave an open invitation for you to do so at any given time.

Response to Paul Auerbach's December 22, 2014 post: Paul Auerbach is outright lying when he says there were contractor issues that lead to his running off with our $28,000. It's outrageous that he'd even claim such a thing. I'd be happy to scan and post the many many emails from Paul Auerbach with one start date after the next, only to aways be a no-show. I guess the only 'contractor issue' was that the contractor couldn't complete the renovation without an HVAC system and, after Auerbach's no-show, was forced to hire someone else. Paul Auerbach, you should be very ashamed of yourself.

I am a General Contractor on the East end of Long Island.
In 2015,,,,,or sometime thereabouts an Architect on a project wrote Paul Auerbach / Total Green into the specs of a $500,000 geothermal system.
Paul was given a deposit of $155,000. Within a week of the check clearing he filed Chapter 11.
I find it amazing that the piece of garbage that he is has the nerve to come back to this forum and try to defend himself.
[email protected] is where I can be reached if anyone would like to know further details.

I’m responding to the comments regarding Total Green, LLC, the geothermal design/installation company referred to in this thread. While it may not be the intent, the comments are false and misleading.

In June 2014 Total Green was asked to enter into an agreement with Mr. Reinhardt’s contracting company and began work on a geothermal project for his client. A combination of factors, including the continued down economy which affected many companies, lead to the decision months later to file a Chapter 11 reorganization. Not “when the check cleared.”

Chapter 11 is expensive and cumbersome – but allows the company to stay in business under court supervision. It was to everyone's advantage to continue the project as Total Green was ready and able to finish the job on budget. The clients were protected by the court. Unfortunately, the builder, Mr. Reinhardt, advised us that “ . . . at the request of the client” they did not wish to continue working with Total Green. Total Green did not walk away from the project or its obligations.

We had invested the deposit and progress payments (totaling $155,000 over a 6 month period) for engineering, advance deposits to contractors, purchasing equipment, etc. The court has documentation on these facts. There was several hundred thousand dollars still due Total Green on the contract to complete the project – it was not our decision to stop work – stopping makes no sense in a Chapter 11.

Ultimately, Total Green was forced to close a year after starting the project. It’s unfortunate the industry has a less than stellar reputation that has spilled over to those of us whose intentions are good and are subjected to inaccurate and unjustified nasty comments.

It was never our intent to harm anyone in the course of doing business. I’ve personally demonstrated a serious commitment to the industry and showing geothermal’s benefits for consumers and the environment. I’m known to have spent endless time educating building professionals, consumers, students and politicians - whether they were potential clients or not. And for the few complaints resulting from the unfortunate closing, Total Green has over 150 geothermal systems enjoyed by clients happy to have recommended the company and myself.

For further information feel free to contact me @ [email protected]