12 ON YOUR SIDE: Windows complaint filed in court

RICHMOND, VA (WWBT) - "Clear Choice Windows" got paid more than two month ago and a Richmond man still doesn't have his windows. But now, the company will have to answer to two different agencies.

The homeowner will battle it out with the company in February. NBC12 learned last night; he has filed a civil claim through Henrico courts. The Better Business Bureau is working on a complaint also, but won't discuss specifics until the case is closed.

"We're painting and I wanted the windows replaced," said homeowner John Davis.

All John Davis wants before Christmas is 14 new windows for the home he's renovating for family. If Clear Choice Windows won't honor the contract Davis says he wants his $1,700 deposit back, so he can hire someone else. The problem is finding the contractor, Mark Johnson and getting him to call back.

"I could go somewhere else and call, he would answer but if I called from my home phone number he would not answer at all," Davis said.

Clear Choice Windows took measurements and Davis' receipt shows he paid President Mark Johnson 50 percent of the $3,500 job October 12th. Davis says the windows should have been installed four weeks later, back in November.

"He would call back, leave a message saying he's running behind. He's going to get with his crew and they should be in this week to put them in, but that's been going on for about a month," Davis explained. "He can fulfill his promise or either refund my money."

Online it seems Clear Choice Windows Richmond, VA is a member of the Better Business Bureau but the B.B.B. says it dropped its accreditation last September. Also, the address on the contract Knuckles Road, Glen Allen is a mailbox and shipping business where the company's mail is picked up.

The B.B.B. has a Dabney Road address for Clear Choice Windows Richmond. Neighboring businesses say Mark Johnson once had an office there years ago.

The contractor is elusive. He hasn't answered any of our calls or messages, but NBC12 was able to find one of his installers. He defended Mark Johnson and said he would urge him to call us and address the complaint. That was five days ago. He hasn't called yet.

"I had dealt with this company before and had no problem," Davis said.

We reached out to the contractor and are still trying to get his explanation for receiving a deposit and not installing the windows. Meantime, homeowner John Davis is far from giving up. He says he wants his money so he can move on.

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