When I created this site and made the initial post, I mentioned that the guy they hired to build the deck had his license suspended. Everlast Construction’s lawyer sent me a cease and desist letter claiming I’m defaming them and part of their claim is that ABA Construction, the one they hired to build the deck, did not have his license suspended. It just hasn’t been renewed. Which is technically correct. What they didn’t mention in their cease and desist letter is that ABA wasn’t allowed to renew their license due to an outstanding bond payment. And now as of the date of this posting, ABA also has a citation against them as well dealing with workers comp.
So I guess saying his license was suspended was really a horrible defamation against Everlast <— sarcasm
Well unfortunately the judge granted Everlast Construction’s request to transfer the case to civil court. I prefered going to small claims since it would be quicker and simpler and then I would have some official documentation proving what type of company everlast is.
But if Ariel thought going to civil court would scare me off, he was wrong. Although it’s more complicated to go to civil court versus small claims, I’m still going to take them to court. Only now I’m going to increase the amount of damages I am claiming.
So all Ariel really did was make things worse for himself since at the end of the civil trial, Everlast will owe me even more money and a judgement in my favor will be even more convincing proof as to the type of company Everlast Construction is.
If you look at Ariel Baleli’s linkedin profile you might notice something a little bit odd for someone who is the CEO of a construction company AND someone who is mentioned in many reviews as providing excellent personal construction and design advice – he has virtually no construction experience. ALL of his top skills deal with marketing. Any skills dealing with construction are ALL on the bottom. How is it that someone who is the CEO of a construction company; someone who is mentioned in multiple reviews as providing personal advice and design, has construction as his weakest skills?
Screen shot from 10/17/2016 of Ariel Baleli’s linkedin profile
So yesterday I was served with papers from Everlast Construction. They are counter-suing me for the remaining balance on the contract as well as claiming defamation and false light. They are also trying to transfer my small claims case to civil court since they are saying their suit and my suit are basically the same.
Defamation is basically them saying I’ve made false statements about their business and as a result have harmed their business. I’ve never once knowingly made a false statement. I have made mistakes and I’ve corrected those mistakes when they were pointed out. So I have not defamed them.
And false light is very similar to defamation except it’s more geared towards personal embarrassment then harming a business. Although with defamation, once I prove what I’ve said is true, that defends against defamation. With false light, if the implication is false, I would be guilty. However, nothing I’ve said that I know of is false. Or at least this is my understanding of what it is – i’m not a lawyer so I could be wrong.
I believe this is just more intimidation tactics on their part. I think that they are not only trying to scare me, again, into shutting up. But they are also trying to make it more difficult and expensive to take them to court since a civil case is more complex, and can be more expensive since you typically go to civil cases with a lawyer.
I have no intention of backing down. I want to take these guys to court so there is a public record of their lies and shoddy work. The only other public record is with the cslb and even that is basically a footnote at this point without much details. Plus I think Everlast Construction is appealing that citation, so it’s not official yet.