ComplaintsforKyan Construction

• Initial Complaint

  17/01/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  We have two issues with this company that we had hired to finish our basement: 1) Contractor refusing to complete project to an acceptable level and work that had been agreed upon remains incomplete. Trim edges not painted, nails not covered and painted, closet not finished, etc. (please see attached pictures). Contractor states that he is "not interested in any further work at this location" even though this "add on work" was a part of the original project (please see project outline attached) 2) Invoice provided by company is vague (not itemized). Concerns that a number of mistakes by the contractor/employees that required further labour and materials are being charged to us for them to "recoup costs" which should not be our responsibility. Company refuses to provide us with receipts and invoices from vendors and sub contractors or discuss these charges in anyway. We have attempted to ask questions several times but Contractor refuses to answer any questions involving the invoice. Attached is the estimate from halfway through the renovation and the invoice given to us "to be paid immediately"

  

  Business response

  23/02/2023

  We appreciate the opportunity to respond to the above mentioned complaint filed.

  
  

  Although we aim to have a great encounter every time working together with our clients, some are harder to please than others. 

  
  

  The estimates provided (see attached) in October 2021 were generated based on the median value of building products and standard practices. As per the disclaimer sent in email on October 21, 2021 (see attached)

  
  

  “ Disclaimer: Estimate attached  was generated based on the median value of building products and practices. Prior to an official quote being completed and accepted, the client will need to discuss the project specifics (exact products to be used in construction/remodel of the space) with the contractor as well as provide a set of engineered plans so we can provide an accurate quote. 

  
  

  Remodels can vary greatly in price depending on the clients vision of the space. Although we pride ourselves in being extremely thorough, the number may not accurately depict the actual costs associated with the project; it can be done for less or could potentially cost more if executive finishes and/or products are applied. Please advise your contractor where your budget is at so we can do the best to serve you in both the design and execution stages of your project 

  
  

  Unfortunately, due to the volatility of the market right now, we are only able to guarantee material pricing for 1 business day. Sorry for any inconvenience this may cause. “ 

  
  

  Within our contract (see attached) it clearly states:

  “Both parties agree that the material charges are estimated and may be subject to change.”

  “Any change work orders approved by the client during the course of the project will be billed out as time and material”

  
  

  We made no claims that we would come in at any specific number, only that we would do our job monitoring the costs throughout the project, doing our best to forecast future expenses based on delivering on the clients requests. 

  Client driven changes to scope and/or finishes result in more expenditures; labor and material. 

  We were willing to make cost saving suggestions at the midpoint progress report if the client had any budgetary concerns, however they  assured us that money would not be an issue. It was more important that they get the products/finishes they desired. 

  
  

  As reflected in our bill and attached plan set markup, the agreed upon scope changed dramatically from the project onset. The ******* also chose higher end finishes and products that were not accounted for in the median estimate.  

  
  

  In our humble opinion KYAN Construction more than fulfilled our contractual obligations to the client. We went above and beyond to accommodate all the CWO’s on the fly and additional work proposed.. 

  
  

  The client's claim that the work is incomplete and/or unsatisfactory is unfounded. See attached photos of the ****** basement renovation which show otherwise. Simply put, this is a billing dispute.

  
  

  Our billing is descriptive and details the change work orders requested and credits applied. See attached. 

  
  

  We have made several attempts to explain the invoice to the client so as to resolve this billing dispute and collect final payment. However despite our attempts to provide further clarity, they feel they are entitled to all our internal documents so they can audit the entire file for themselves. This request is highly unbefitting conduct of the client and not a contractual obligation. 

  
  

  Where we acknowledge we fell short as a company and will do our best to improve on our delivery next time:

  
  

  1. As a project manager, I should have done a better job of managing client expectations from the beginning of the project.

  
  

  2. Deficiency A. As a project manager, I should have vetted our sub trades better. We did have a tile subcontractor who produced less than satisfactory work on the shower walls

            It was not that it was poor workmanship that would fail, but rather not aesthetically pleasing to the eye: improper layout and inconsistent grout.

            Our solution to the client was to remove the tile and have someone else within our group in to complete the work. 

           The clients asked to bring in one of their contacts since they had good rapport. We agreed to accommodate this request.

           We were clear that the credit applied would be what we had allotted for this work in our baseline estimate ($1,200 labor for approx 50ft2 of tile on shower walls), regardless of the other company’s proposal. Their quote came in at approx $2,400 labor for 100ft2 of tile on shower walls since the shower doubled in size. The clients expect us to cover the difference.

           We removed existing tile, prepped the surface for new tile install, arranged for tile to be delivered, and the work was complete to a satisfactory standard

           This was at no additional expense to the client; labor or material. We ate the costs associated with the rework because we were ultimately responsible.

  
  

  3. Deficiency B. Missing flooring transition strip between new flooring and existing flooring in bedroom; see attached photo. 

  Best course of action that was described to the client was to order in the missing component and install at our earliest convenience. 

  However since we have encountered a billing dispute, we cannot complete any further work at this location at this time.

  Remedy proposed was a holdback of $100 for this portion of the job. 

  
  

  4. Deficiency C. Damaged floor tile during the renovation process. 

  Solution proposed was to credit the account for repair which has been completed by other party (see credit listed in final invoice) 

  
  

  In no way have we wronged the ****** family. We strive to perfect our process but also acknowledge that perfection exists nowhere in nature. Despite our shortfalls and some minor project setbacks we have conducted ourselves in a professional manner and have been courteous every step of the way. 

  
  

  We have honored our contractual obligations and now we implore the ******* to honor theirs by remitting payment on their now overdue bill (30+ day) at their earliest convenience.

   

  I will attach all supporting documents in two other email threads via drop box. Please confirm receipt of them. If anything else is required on our end please advise and we will be happy to provide insight

   

  Regards 

  
  

  
  
  

  **** ******** 

  KYAN Construction Inc

  (506) 259-KYAN 

  Customer response

  25/02/2023

   I am rejecting this response because:
  

  Please see attached Word document for full response. In Short: We continue to hold the stance that the work in the basement is not finished. Also, Kyan construction has failed to provide clarity about large discrepancies in building supplies and the electrical invoice between midway estimate and final invoice.

  We give 2 options to end this dispute to Kyan Construction (Please see attached word document).

  Ultimately we are looking for this project to be finished and some transparency/clarity in select charges on the invoice.

  
  

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