COMPLAINT about Renewal by Andersen / renewalcs.com

[angelahoy]

COMPLAINT ABOUT Renewal by Andersen / renewalcs.com / Renewal by Andersen Colorado - an Andersen Company / Andersen Windows (Andersen Corporation)

This individual (LC) was contracted for $4500 by Renewal by Andersen (part of Andersen Corporation, the paint people). She was only paid half. The company killed the project, but only AFTER the delivery of all materials. They say they don't owe her anything (the contract states half up front and half on publication). However, the writer clearly had a Kill Fee clause added by way of email correspondence (see below).

This publisher tried to "settle" with the contractor but she is insisting on full payment based on their agreement. The publisher also got snippy with WritersWeekly when asked to comment on the contractor's rebuttal. What do you think about this one, readers? Contact: angela@writersweekly.com

-------- Original Message --------
Subject: COMPLAINT about Renewal by Andersen / Renewal by Andersen Colorado / The Zadok Group / Andersen Corporation
Date: Mon, 28 Sep 2009 16:07:54 -0400
From: Angela Hoy
To: cwelsh@renewalcs.com, bortengren@renewalcs.com, marketingservices@andersencorp.com

September 28, 2009

Kevin Orf, Co-Owner, Renewal by Andersen - korf@renewalcs.com
Chelsea Welsh, Director of Marketing - cwelsh@renewalcs.com,
marketingservices@andersencorp.com
Brett Ortengren, General Manager - bortengren@renewalcs.com
Renewal by Andersen Colorado
Inspire Colorado Magazine
The Zadok Group
9900 Jamaica Avenue South
Cottage Grove, MN 55016-3920
P(719)574-4010, (800)595-1967, (651)264-4000
cwelsh@renewalcs.com

Andersen Corporation
100 Fourth Avenue North
Bayport, MN 55003-1096
(800)426-4261
(651)264-5150

WritersWeekly.com has received a complaint about:
Renewal by Andersen / renewalcs.com / Renewal by Andersen Colorado - an Andersen Company / Andersen Windows (Andersen Corporation)

WritersWeekly.com is a publication that publishes information for
and about freelance writers. The publication is the
largest-circulation freelance writing ezine in the world.

As part of that information, WritersWeekly.com publishes a Warnings
section on its website and in its newsletter. This warning section
contains reports about publications that are unprofessional in
dealing with writers, haven't paid writers money that is owed to
them, who have not abided by their contracts, or who have unfair
contract terms. These reports are used by WritersWeekly.com's
subscribers
to decide which publications they should and should not work with.

Your firm has been submitted to us for inclusion in the
WritersWeekly.com Whispers and Warnings section.

Step one of our investigation of this report is to gather all
relevant correspondence between your publication and the person
submitting the complaint so that we can piece together that person's
side of the story. Step one of our investigation has been completed.

-------------
THE COMPLAINT
-------------

[LC] (name not published here but was, of course, provided to the publisher)
alleges you owe her $2250.00.

See allegation under my signature.

-----------------
WHAT HAPPENS NEXT
-----------------

The second step in our investigation is to send this communication
to your firm to get its side of the story. If you have evidence
disputing these allegations, or would like to make your own
statement about these allegations for publication in our report, please
email angela@writersweekly.com within two business days.

***All correspondence for our investigations must be in writing and
is subject to publication.***

If you do owe this person money, we strongly suggest you read
this article before responding:
http://www.writersweekly.com/the_latest_from_angelahoycom/003628_09132006.html

Our report on your firm is scheduled for inclusion in our
publication next Wednesday, though it may appear in our Whispers and
Warnings forum before that time.

If there is no response to these allegations, WritersWeekly.com will
still publish this complaint, but our readers will not be able to
read your side of the story.

We appreciate your prompt response in this matter.

Angela Hoy
Publisher
WritersWeekly.com

-----------------
THE COMPLAINT
-----------------

-------- Original Message --------
Subject: Request for advice/help collecting payment
Date: Wed, 23 Sep 2009 14:02:34 -0600 (Mountain Daylight Time)
From: [LC]

Dear Angela,

I was contracted in January 2009 as editor of a new local high-end
lifestyle publication for Renewal by Andersen, a window and door
company. The publication was to launch in May 2009 and my job was to
come up with the story budget, freelance writers and freelance
photographer, assign and edit all content, with all content due in March
2009. My total fee was $4,500, with half due up front and the other half
upon submission of all content to the designer. I did receive payment
for the first half as agreed.

I ensured kill fees were in place for my freelancers and myself (I was
recently an editor for the local daily newspaper for many years and had
a stable of freelance writers and a photographer). When the
representative at Renewal killed the publication in June for economic
reasons -- well after all the editorial content had been accepted and
approved by her and her designer -- I let her know the kill fee clause
(which had been approved by her legal department) was in effect and
invoices would be sent directly to her. The freelancers have all been
paid, but I have yet to receive payment for the second half of my fee
(the agreed-upon kill fee clause stated payment would be 100% if
publication canceled after submission of editorial content).

After several e-mails requesting status on payment, I was told by the
Renewal rep, via e-mail in August, that, "I am working with our business
lawyer. We feel that the scope of work that you performed was
disproportionate to the agreement of what we required you to do. As
soon as we get a response I will take care of it." This was the first
I'd heard of any dissatisfaction with my work. The publication was
canceled for economic reasons (I have the e-mail stating so) and the
kill fee clause of the contract is in effect. I am owed the money.

On Sept. 10 I sent the postal mail
letter copied below to Renewal by Andersen -- to the rep I'd been
working with plus a cc to the office manager and owner; I also sent a
copy to the Better Business Bureau. I have yet to hear from Renewal by
Andersen.

Very sincerely,

[LC]

~~~~~

COPY OF LETTER SENT TO RENEWAL BY ANDERSEN AND BBB:
September 10, 2009

Chelsea Welsh
Renewal by Andersen
5631 N. Academy Blvd.
Colorado Springs, CO 80918

Re: Payment of $2,250.00 for editorial services rendered

Chelsea,

This letter is a formal attempt to collect payment of $2,250.00 for the
editorial services for which I was contracted with you for Inspire
Colorado. The original invoice was given to you March 30 at the same
time I provided the editorial materials required of the contract, as the
contract stated final payment for my services would be made upon
submission of editorial content to you and your designer.

On June 25, you notified me that publication of the magazine was
canceled for economic reasons. An amended invoice was e-mailed to you
June 25, reflecting commencement of the kill-fee clause in the contract
as you were still liable, per the signed contract, to pay for my
completed work on the project. The writers and photographer were advised
by me to also send an amended invoice to you for their completed work,
as they, too, had a kill-fee clause in their contracts covering them in
the event their work was not published.

By July 27 I had not received payment and e-mailed you a request for
status on payment. Your response was, "We feel that the scope of work
that you performed was disproportionate to the agreement of what we
required you to do" and payment was pending. Up until that response,
there was never in our six months of working on Inspire Colorado any
comment nor discussion with you regarding your concerns about inferior
quality nor quantity of the work which I provided you. I completed the
work as agreed and provided all the materials required of the contract.
Your payment in full to the writers and photographer for the work they
completed underscores that I fully completed my contractual obligation,
as assigning, editing and providing to you their content is the work for
which I was contracted.

I e-mailed you again August 3 and was told "It is out of my hands." Per
the contract approved by your legal department and signed by you, I am
entitled to the final payment of $2,250.00 for the work I completed for
your company. This written request is my last direct attempt at
collecting this debt before pursuing other avenues for collection. Your
immediate attention to this matter is requested.

Sincerely,

[LC]

cc:
Kevin Orf
Renewal by Andersen
Brett Ortengren
Renewal by Andersen
Better Business Bureau of Southern Colorado

~~~~~

PUBLISHER RESPONDS

Oscar Kornblatt wrote:
This is a very simple and straight forward response.

We entered into a contract with [LC] for her services. The amount of the contract was for $4,500.00. She was paid 50%, $2,250.00, on 02/02/09. There were no "kill" fees in the original contract, only subsequent email communication. The kill fess in the email for the editor read as follows:

For editor (me):
50% if canceled before article due date; 75% if canceled after article due date but before deadline of materials to designer; 100% if canceled after materials delivered to designer

The job was cancelled before the article due date. No services were rendered with exception of delivery of materials from the writers and the photographer.

We have consulted our attorney regarding this matter and she does not believe we are obligated to pay the balance as services were cancelled and there is question regarding our legal liability as the kill fees are not included in the contract.

We did pay all of the writers for their services and the photographer.

Oscar Kornblatt, CPA
Director of Finance
Heritage Pointe, LLC
2255 Reliable Circle
Colorado Springs, CO 80906
719 955-7500 Ext 301
719 572-7988 Fax

ANGELA'S NOTE:

in his email, he admits: "100% if canceled after materials delivered to designer"

Therefore, he is admitting a kill fee was in place and he obviously knows it's enforceable.

All materials were delivered.

On 1/12/09, Chelsea Welch wrote, " As yes Brett did agree to the kill fees."

And, again, on 6/30/09, she wrote "That fine." in response to the contractor's description of the kill fees.

Again, there is no question there is a kill fee that is valid.

~~~~~

CONTRACTOR RESPONDS

-------- Original Message --------
Subject: Re: [Fwd: Response to[LC]'s Allegations]
Date: Tue, 29 Sep 2009 13:45:26 -0600 (Mountain Daylight Time)
From: [LC]

The kill fee is included in the "as agreed upon assignment" portion of
the contract. Chelsea Welsh, the manager of the project, agreed to the
kill fee, as did Brett Ortengren, proof of which is in the e-mail thread
copied below.

The writers, photographer and I all had final payment of PUBLISHED
magazine content to be paid upon publication, per the contract. In the
event of a canceled publication, the kill fee clause would be in effect
and we all, per the "as agreed upon assignment" notation, would receive
100% of the fee. This agreement was honored in the cases of all writers
and the photographers; all received full payment. Payment to them is
proof of the acceptance of this agreement and the contract (in addition
to acceptance via e-mail by Chelsea and Brett) and must be paid
accordingly, just as the writers and photographer were.

If you would like a copy of the contract faxed to you -- signed by
myself and Chelsea Welsh -- I'd be happy to send it once you let me know
your fax number.

As I mentioned above, below my signature is the thread of e-mail
correspondence noting Chelsea's agreement to the kill fee clause, not
once but twice (1/12/09 and 6/30/09) as well as her comment that Brett
also agreed. Agreement to the kill fee clause is part and parcel of the
"As agreed upon assignment" notation in the contract. I fulfilled my
contractual obligations and expect the same from them.

Thank you, Angela.

[LC]

------------------------------------------------------------------------

EMAIL THREAD
(Emphasis on specific phrases added by WritersWeekly.)

------------------------------------------------------------------------

From: LC
Sent: Monday, June 29, 2009 10:39 AM
To: Chelsea Welsh
Subject: Kill fees

Hi Chelsea,

Here is the original e-mail with the kill fee info I originally sent you
and this e-mail stated that Brett agreed to it. If you scroll to the
bottom, that is the kill fee agreement. It falls under the part of the
contract that says "As agreed upon assignment."

Thank you,
LC

------------------------------------------------------------------------

*From: Chelsea Welsh <mailto:cwelsh@renewalcs.com>
*Date: 6/30/2009 9:00:44 AM
*To:* LC
*Subject:*/ RE: Kill fees

That fine. I just did not have it in my records. Thanks.

Chelsea Welsh, MBA
Director of Marketing
Renewal by Andersen Colorado
Inspire Colorado Magazine
(719) 574-4010

------------------------------------------------------------------------

From LC
Sent:* Monday, January 12, 2009 11:14 AM
To:* Chelsea Welsh
Subject:* Couple things

Hi Chelsea,

I hope your drive to work wasn't too treacherous.

I am working on the story budget and need input from you on a couple things:

(Specific article info. removed by WritersWeekly.)

3. When I assign the stories I need to include info on the kill fees (to
fit with the "as agreed upon assignment" portion of the contracts) so
I've pasted the ones below that I mentioned in an earlier e-mail to you.
I know you were checking on them but I never heard back so I'll assume
they are OK with you unless you let me know by Tuesday afternoon. I need
to get the assignments out Wednesday morning to give the writers time
for questions to me before I head to Phoenix Thursday.

Kill fees:

For writers:
50% if publication canceled before article due date; 100% if after due
date (because they'll have already written the article

For photography:
100% for completed photo shoots (since he'll already have done the work)

For editor (me):
50% if canceled before article due date; 75% if canceled after article
due date but before deadline of materials to designer; 100% if canceled
after materials delivered to designer

Thank you, Chelsea. Stay warm and drive safely!

LC

------------------------------------------------------------------------

From:/* Chelsea Welsh <mailto:cwelsh@renewalcs.com>
Date:/* 1/12/2009 1:23:49 PM
To:/* LC
Subject:/* RE: Couple things

Hello,

I got the e-mail set up. Inspirecolorado@renewalcs.com
<mailto:Inspirecolorado@renewalcs.com> I will try to get Kevin's ideas
from him and get those to you. As yes Brett did agree to the kill fees.
If there is anything else you need feel free to give me a call. Thank you,

Chelsea Welsh, MBA
Director of Marketing
Renewal by Andersen Colorado
(719) 574-4010
P Please consider the environment before printing this e-mail.

~~~~~

PUBLISHER SENDS SETTLEMENT OFFER TO CONTRACTOR

From: Oscar Kornblatt
Date: 9/29/2009 11:49:19 AM
To: LC
Subject: RE: Payment resolution

Dear [LC]::

This bill is in dispute. Our attorney has advised us that we are not obligated to pay the balance of the contract. I am willing to pay you $1,000 as payment in full so as to achieve some closure regarding this matter.

I will issue a check to you, today upon your acknowledgement of your acceptance of this settlement.

Oscar Kornblatt, CPA
Director of Finance
Renewal By Andersen
2255 Reliable Circle
Colorado Springs, CO 80906
719 955-7500 Ext 301
719 572-7988 Fax

~~~~~

CONTRACTOR RESPONDS

-------- Original Message --------
Subject: RE: Payment resolution
Date: Tue, 29 Sep 2009 13:50:32 -0600 (Mountain Daylight Time)
From: LC
To: Oscar Kornblatt <okornblat@renewalcs.com>

Dear Mr. Kornblatt:

Thank you for your prompt reply. I fulfilled my contractual obligations
so you must do so as well. I demand payment in full of $2250 owed
me within 5 business days.

Please send me the name and contact information for your attorney; I
would like to obtain complete information regarding the manner in which
this bill is be "in dispute."

Thank you,
LC

~~~~~

PUBLISHER RESPONDS AFTER WRITERSWEEKLY FORWARDS CONTRACTOR'S REBUTTAL

Oscar Kornblatt wrote:

You asked my response and I provided you a response. This is not an
on-going dialogue. You are not arbitrator. You are not independent.
You are biased in this matter. Print what you will. If I believe it to
be slander, I will take appropriate action.
Sincerely,

Oscar Kornblatt, CPA
Director of Finance
Renewal By Andersen
2255 Reliable Circle
Colorado Springs, CO 80906
719 955-7500 Ext 301
719 572-7988 Fax

~~~~~

WRITERSWEEKLY RESPONDS

-------- Original Message --------
Subject: Re: Response to LC's Allegations
Date: Tue, 29 Sep 2009 18:46:59 -0400
From: Angela Hoy
To: Oscar Kornblatt <okornblat@renewalcs.com>

Hi Oscar,

Your answer, with no real answers, speaks volumes.

Please send us your attorney's contact information.

Angela Hoy
WritersWeekly.com

~~~~~

PUBLISHER RESPONDS

Oscar Kornblatt wrote:
You are not entitled to my attorney's information and are certainly in a
position to demand it. Our attorney would not interact with you as our
relationship is confidential and covered by attorney/client priveledge.
I recently corresponded with [LC] and am waiting her reply. I
do not see how you have any legal right to insert yourself into this
dispute and I certainly do not have right disclose any information to
you. You are not independent and you are biased in this matter.

Please do not attempt to continue this dialogue as I will not provide
any additional response. RBA's dealings are with [LC], not
with a 3rd party.

Sincerely,

Oscar Kornblatt, CPA
Director of Finance
Renewal By Andersen
2255 Reliable Circle
Colorado Springs, CO 80906
719 955-7500 Ext 301
719 572-7988 Fax

~~~~~

WRITERSWEEKLY RESPONDS

-------- Original Message --------
Subject: Re: Response to LC's Allegations
Date: Tue, 29 Sep 2009 19:10:40 -0400
From: Angela Hoy
To: Oscar Kornblatt <okornblat@renewalcs.com>

The contract and your firm's emails speak for themselves.

Thank you for your comments for publication.

Angela Hoy

[angelahoy]

READER COMMENTS:

Angela,

It seems to me in reading through the correspondence, that Mr. Kornblatt misses the point. You did not insert yourself into the situation; you were responding to a complaint by a freelancer and before you included their complaint in "Whispers and Warnings" you wanted to make certain you had both sides of the story (a story which had not yet concluded). Your role in this is laid out in your initial letter to Anderson.

It is clear that Andersen owes LC the money (given the contract and their payment of the writers and photographers) but it is also clear that Mr. Kornblatt has every intention of ignoring those facts. Perhaps he believes that by ignoring you, he can bully LC into accepting his "offer." I wonder if he has even consulted the company lawyer since he refuses to name her. At the very least, if he has consulted the attorney, it seems likely that he didn't give her all of the pertinent information. Either way, he seems to care very little about meeting their obligation to pay for work which they contracted and received. He also does not, by his response, appear to care about writers or realize that writers are also consumers. Not a company I would want to do business with.

Sarah