Betco, Inc. unfair surcharges and not honoring contract
Posted by Kim on 2009-12-18
STATESVILLE, NORTH CAROLINA -- I have a problem with Betco, Inc (manufacturer of steel buildings) honoring its contracts. In addition, it appears they could be targeting small business owners to enforce their surcharge practice since they are less likely to have the resources to mount a legal fight against what appears to be illegal surcharges.
We had a contract that the price of steel was supposedly guaranteed. When we requested delivery they then refused unless we paid a surcharge. In their contract it stated you can accept delivery, or have them store the steel at 1 1/2% fee per month. They did not allow us either option. They then required "approval" by a supervisor to determine when steel could be delivered (when other contractors agreed the steel could have been delivered since there was sufficient access). This was never part of our contract.
In addition we have a counterclaim that is larger than their surcharge for several difficiencies in their building, service and building certification was not provided that caused us significant additional construction expenses, etc.
When we refused to pay they have thrown every form legal extortion at us that is possible:
- Their original attorney was receptive to our original settlement
offer(we made to avoid going to court and quickly solving it)
and said he would encourage Betco to accept it.
- Never responsed to settlement offer and only response was to
file in court and had new attorney aggressively pursue any
avenue to cause damage to our business.
- Refused to go to mediation several times even upon advice of the
We are still awaiting the outcome of this, but want to make sure everyone seriously considers what they are getting into when they sign a contract with Betco, Inc.
Anybody who has had a similar experience with Becto, Inc. or a similar firm let us know how you handled it.