My court case against Everlast doesn’t seem to be going anywhere. I’ve put together over 100 pages worth of evidence that I was going to present to the court, but wasn’t give the opportunity to do so.
Since that case is going no where, there’s no reason for me to not make all that information public. It will prove everything I said in my first post is true. How they completely mismanaged – or rather didn’t manage – my project. It will show how they violated the terms of their own contract. It will show the miscommunication and their lack of knowledge of the project. And it will show how they have posted fake reviews on various websites to give themselves 5 star reviews.
I have to scan all of this so it’ll take me a little while to post it all, but I’m hoping to get it posted up next week.
I found an interesting page regarding Ariel Baleli. Interestingly, from the page link it appears as thought it was meant for a lock smith. But the content of the page appears to be advertising a company called localwms.com. They appear to be advertising their services to help companies counter negative reviews by posting their own positive blog posts and press releases which make the company look better.
Here is a quote from the page:
This [countering negative reviews] can be done through press releases, blog posts and articles that portray your company or website in a positive light.
Would you want to do business with someone that does that?
I’ve taken a screen shot of the page just in case it gets removed.
Over the last two days and continuing right now, this site has basically been under a spam attack. As of right now there are over 1600 spam posts submitted to this site in the last 2 days or so. Normally, if i get one spam post a week, that would be a lot.
Is Ariel Baleli or someone else from Everlast Construction behind this? I don’t know, although I certainly wouldn’t be surprised if he is. I had several blogs over the years, this one being the newest one. And this is the ONLY blog I’ve had that has ever been flooded with spam like this.
Fortunately for me this doesn’t matter since i have effective filters in place that have caught all the spam and it doesn’t cause me any problems at all. I can only hope if Everlast is behind this that they at least spent a lot of money to do it, since it would be a waste of money.
So I’ve had a few people contact me recently saying everlast construction is still engaging in their dishonest business practices. There are a few things you can try doing.
- They hate it when anyone brings public attention to their work, so posting honest reviews about them on yelp, home advisor, angies list, buildzoom or any other place where they have reviews. Everlast posts fake reviews on most of these sites so any honest reviews will help.
- Contact the Contractors State License Board and file a complaint. You can email Thomas Jager at firstname.lastname@example.org. He’s the investigator who handled my case.
- Try and do all communication with Everlast through email or txt messages, that way you have a record of everything that was said.
- Contact some of the local TV and print news outlets. Many of them have consumer watchdog type departments. I actually got the local CBS station to come interview me on camera, but they haven’t aired it yet. Maybe if they get enough people complaining they’ll decide to air it. You can email cbs at email@example.com
- If everlast threatens you with legal action, don’t immediately assume they have the upper hand. They seem to like to depend on people being ignorant of the law and using that to scare people. I would get a short consult with a lawyer – many will give you 30 minutes for free. Or at the very least do some research of your own.
- Sometimes it takes a while, but you can have an impact. Everlast used to be Diamond certified, and now they are not.
If everlast did a poor job, I encourage you to file a complaint with the CSLB. The one shred of hope I had was that maybe they’d eventually clean up their act. But the last few people who have contacted me makes it seem as though that will never happen.
So if you hired them to do some work for you and you feel like they did a poor job, contact the Contractors State License Board and file a complaint. I filed a complaint and not much came of it, but they said they do keep all complaints on file so maybe if they get enough complaints, they’ll actually do something useful, like revoke their license.
I just thought I would post a quick update since there hasn’t been anything new posted on Everlast Construction in a while.
As of this writing, I’m discussing a settlement and/or going to mediation/arbitration with everlast. They of course are sticking to their usual routine of not admitting to do anything wrong at all and acting like they are the victims. If i do reach a settlement with them, there’s a good chance I will probably have to take down this site and not reveal any details of the settlement. But I will keep this site up, and updated, as long as I can.
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.