Resolved Everson Enterprise — Breach of Contract and non payment of CAD files for 2 story home design
On July 3rd thru July 29th, I was awarded, through Guru.com, a project from Everson Enterprises, Inc., to create a 2 story home for the company’s owner. At the project's end, it was time to pay the agreed sum of $1, 900.00 for the plans that I email to him in both PDF and AutoCAD.dwg files. Mr. Everson never gave the impression that he wasn't honest but for the next 30 days, kept telling me that the payment will be made. I have all the emails he and I were sending each other including one from him addressed to his accountant saying to pay the invoice without delay. This never happened. In fact, the last phone calls I had with him on Aug. 18th he indicated that I would receive the money directly instead of paying the web site, (Guru.com) who would take 10% ($190.00) for their fee. I said to Mr. Everson that "I will pay Guru myself their 10%. Why? It’s the right and fair thing to do. I also wanted the dollar amount ($1, 900.00) to go on my record for other employer to see what I earned during the year.
All along, I was calling and emailing Guru as to what was happening with my not getting paid. When I told them what Everson was planning, they thank me for wanting to pay them and the Everson Enterprises was in breach of contract. The rules from Guru to an employer are quite clear to say that "any employer who obtains and awards a freelancer as an employee to do a project must either pay into an escrow account that they can not get a refund from or the payment is made through an invoice which is due upon receipt."
Guru has a few do's and don’ts to perspective freelancers looking for work from employers hiring their expertise. They suggest that an escrow account be created when being awarded a project unless you have had a good working relationship with the employer. Through my own habit of trusting people, I now know why Mike Everson, president of Everson Enterprises wanted me to invoice him instead of escrowing the account. He didn't have to shell out any funds and Guru can only manage legal arbitration through escrow.
Since Everson Enterprise refused to pay and Mike Everson was trying to circumvent payment to Guru.com, Guru has since suspended his (Everson Enterprise’s account with them. He can never do business with Guru again.
I am going to file a mechanics lien against Everson Enterprises for the $1, 900.00 owed from Guru and another $800.00 for (as he put it) doing him a big favor by redesigning the 2 story into a 1 story. He refuses to pay for this completed job as well. Remember, all the while, Everson was saying to me that he will make good on this. But the funny thing is why would you use your companies name instead of your own to have someone design your house and why don't you pay for the service with your personal credit card?
This was scam all along. But, as they say, what goes around, comes around, sooner or later. I give a rating of triple zero across the board for him and his company, Everson Enterprises.
Steven R Young
1910 East Palm Ave. #10302
Tampa, Fl. 33605
The complaint has been investigated and resolved to the customer's satisfaction.