Olathe man battling cancer forced to finish fence after contracting company took money, failed to finish project

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OLATHE, Kan. -- By doctor's orders, Joe Brashears isn't supposed to be building a fence in his backyard. But the Olathe man said he has little choice. The fencing contractor he and his wife Stacey paid to do the job has disappeared.

"He seemed like a straight forward guy," Stacey said, referring to the owner of BR Remodeling and Landscape. The owner said his name was David Rodriguez. The Brashears found the company on Craig's List, a site they had used before with success.

"We decided to go with David because he was the cheapest," said Stacey who has tried to meticulously watch her finances since she became the family's sole source of income after her husband was diagnosed with cancer.

BR Remodeling and Landscape promised to remove the Brashear's old fence and put up a new one for $4800. Other fencing companies wanted almost twice that much. Which, in hindsight, was the first red flag. Then BR Remodeling and Landscape asked for $3500 upfront and in cash as a deposit. That should have been the second red flag, but not to Stacey.

"Will you know I haven't had a fence done in so long and I know lumber can be expensive," said Stacey, not realizing at the time that good fence companies often don't require any deposit or a very small one.

The first day, there were no problems. BR Remodeling and Landscape removed their old fence and sunk new fence posts into cement.

"They said they would be back," Stacey said. "I said 'Ok'."

That was in mid April and that was the last time the Brashears ever saw anyone from BR Remodeling and Landscape.

The company owner has even stopped responding to the couples' phone calls and text messages.

"I've called several times," Stacey said. "Joe has called several times. My parents -- even from a different phone number have called."

Which is why -- wanting to warn others -- they called Fox 4 Problem Solvers. We could find no state or local business license for BR Remodeling and Landscape. We couldn't even find an address. One of the phone numbers on the company's invoice links to the Facebook page of a man by another name than David Rodriguez -- the name the owner used.

We left a message for Rodriguez and he called back. He told us he'd lost his phone and that's why he hadn't been in touch with the Brashears. Plus he said he had difficulty getting the fence pickets. He blamed his supplier for messing up the order, but wouldn't tell us who is supplier is. We told him all the Brashears want is their money back.

Rodriguez promised us he would do. He even called the Brashears and told them he would refund them $1745 -- an amont the Brashears are willing to accept.

Update: Good news to report. Friday morning the owner of BR Remodeling and Landscape refunded $1740 of the Brashears. This problem is now officially solved.