ComplaintsforMC Construction and Design

• Initial Complaint

  10/03/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Original Contract Amount: $38,308 Change Orders Total: $2,750 Paid to Date: $10,308 (excluding cancelled checks) Dates Worked: July 21 to August 6 Name of unlicensed HIS:************ Names of subcontractors: unlicensed and not provided by MC Construction, however one of the painters' names is******* and the three tile installers names are********************************************* ********* MC Construction Contact:****************** mobile number ************** Original Scheduled Completion Date: August 2022, revised to September 2022 Statement of Operational and Performance Concerns: Unlawfully used unlicensed laborers for tile and paint not working under licensed subcontractors, unlawfully used an unlicensed HIS (Home Improvement Salesperson), didn't float and level floor as agreed to in contract and required based on industry standards (1/8" in 10 feet, 1/16" in 2 feet), didn't install DITRA to manufacturer's specifications thus voiding warranty, didn't install tile to industry standards for spacing and levelness, paint and tile contractors walked off the job prior to completion claiming MC Construction had refused to pay them, MC required us to make progress payments before work was complete and won't return our money, and also required us to pay for a "change order" that didn't involve changes on our end since MC discovered the sizing of our kitchen island was "custom" and decided to charge us more than we had originally agreed to contractually. We also had to spend money to replace materials we had purchased that they consumed in the improper installation. In addition we now have legal fees associated with this case. Mediation through CSLB failed and now it has gone to investigation. CSLB Claim Number:*********** Please contact me for any supporting documentation required. We have everything well documented. Thank you.

  Business response

  11/01/2022

  Business Response /* (1000, 7, 2022/10/12) */ Hi, The contract was for $38,308 for interior paint of the house, new tile flooring installation, reface of entire kitchen cabinets and building a new kitchen island. customer decided they wanted specific sizing for their island which made it a custom island and not pre fabricated, customer also increased the size of the tile in the house which required more work so we added a change order of $2750. MC Construction finished the interior paint completely, we also finished laying down 75% of the tile as well as the Deitra underlayment and also ordered the custom cabinet which we paid for. The customer only paid us $10,308, the customer was supposed to pay us another $10,000 (part of the stage payment to order the custom cabinet) but put a stop order on the checks and decided to not let us come back to complete the work. Now she has filled complaints on the CSLB, our bond and BBB because she wants us to refund her the full amount as well as pay her additional $8,000... I have reached out to her with no response to ask why she is not letting us continue the work, we are willing to continue the work and finish everything per contract but we have documented evidence of emails not being responded to by the customer besides "You will hear from our lawyer". You simply cannot kick us out in the middle of the project and ask for your money back, that is not how a contract works! Our subs are workers for DHY Builders license #*******. All of our subs are licensed, and have been paid in full for their work, we have worked with these guys for years and continue to work with them today. Customer is just trying to receive money from us thinking we will refund her, but the truth of the matter is that we did most of the work and got paid less than a third of the amount and now she is not letting us finish the project. As mentioned before, I am willing to finish the project agreed upon on our contract or not continue the job and we go both go our separate ways. We have accrued lawyer fees and will pursue her legally if she does not take back all the complaints online, we are working on putting a lien on the house as we speak. I will not bend to people trying to scam me for money! Consumer Response /* (3000, 11, 2022/10/26) */ (The consumer indicated he/she DID NOT accept the response from the business.) Kitchen Island We did not "decide" we wanted "specific sizing." The contract states specifically that the island and cabinets were to match what was lost due to water damage. The original kitchen cabinets and doors of the demolished island were available for measurement but MC's unregistered home improvement salesperson (HIS)/ project manager *********** did not measure anything until after the contract was signed, after which MC insisted that they needed another $3000 to complete the cabinetry. When we refused to pay it, they decided they could do it for $1000. Tile The concrete slab was not properly prepared per the contract, the Schluter DITRA installation instructions, or the standards set by the recognized authorities, American National Standards Institute and Tile Council of North America. When we raised the issues with ****, he dismissed our complaints. When we decided to go with a larger tile, we paid MC an additional $1750 as they claimed it would require more work to level the tiles. **** also insisted we pay for the tile leveling system, a tool whose use was strongly recommended by the tile manufacturer, and commonly used by tile contractors who work with tile longer than 15 inches on one side, because without this tool installations are slow and sloppy. We refused to pay for it since we had already been up charged for the installation of the larger tile. None of the tile is complete. Portions of the DITRA are incomplete. There are 229 of 705 sqft of tile down. There is no grout installed. The job is nowhere near 75% completion ***** claims. We had a licensed tile inspector come out who confirmed that all the work MC did on our flooring needs to be ripped out in order to be done properly, to industry standards. Workers None of the workers who were in our home ever presented us with a business card for DHY Builders. The painters left the job before completing work. They apologized to my husband as they left and told him they were leaving because **** was threatening to not pay them. They also asked for "****ford's company's name and license" not information they would need if they worked for DHY. Additionally, if DHY were their employer they would not be concerned about **** paying them. Roughly two weeks after the painters walked off the job, the tile installer walked off the job as well, also citing threats of denial of pay from ****, and explained to my husband that MC Construction could do it because he was not lisenced. The tile installer had worked on installing the tile for two days and left shortly after arriving on the third day. Again, this doesn't happen when someone is a real employee of a company. Communication I answered*********'s first several emails and then restricted all communications through our lawyer. Two contractors walking off the job for the same reason was a red flag and our final straw with MC. We reviewed our contracted and believed that MC was in breach. We stopped payment on outstanding checks, and sought legal counsel once ***** began threatening to put a lien on our home. With respect to DHY Builders, ***** has only provided receipts of checks MC has allegedly written and those appear incomplete at best. Additionally, all of the "receipts" MC has provided have the same date; Friday August 5th, the day before the tile installer walked off the job and we put a stop on all work. MC has not provided any invoices from DHY, nor actual checks deposited by DHY. Business Response /* (4000, 13, 2022/11/01) */ Hi, In regards to the kitchen island, originally was sold as a standard pre fabricated island and then later was changed to a custom island, now you had the option to decline or cancel at any time but you agreed and signed the change order to add $1000 to change the island to a custom island, this does not mean MC Construction did any wrong doing the project... You could've refused or not agreed but a change order was signed by you. Tile - The concrete slab was definitely properly prepared for the installation of the DITRA underlayment and the photos and videos attached will show that it was leveled and prepared correctly, attached you will also find Dave the representative that came to the house that said that we installed correctly and the warranty will be good if they applied (attached warranty email from company). Workers - All of workers on this project are from sub contractor DHY Builders, they are NOT required to show any ID to the customers and should be allowed to work under DHY Builders License #*******. None of them walked off the job or haven't gotten paid, we have invoices and checks that were deposited by DHY Builders and can be contacted to verify with them directly. They have worked with us for years. (those checks can be provided as well) Finally, Under CSLB regulations if a customer has an issue with an install or any of the workers they HAVE to let the contractor rectify the problem in any way possible before just closing the door on them. As you can see from attached emails, I have contacted ******* several times through email with no response besides "I am taking this with a legal team"... She gave us no reason for stopping us mid way through the job and no response before her lawyer decided to write as a letter. We collected $10,308 for finishing the interior paint work, and laying down the DITRA underlayment and installing most of the tile. Now she is requesting for all her money back and an additional $8000 on top. This is a clear and cut money grab from this customer and it is unacceptable. I have offered many times and will continue to offer to fix and rectify any issues or concerns by customers so we can finish the project based on the contract or if she wants to just walk away from the project and not pay us anything else. I will not refund the customer and pay them an additional $8000. At the end of the day, we did our work according to the contract and we want to finish it for the customer but the customer closed the door on us one day and did not let us finish. This is against CSLB rules, and we will not refund the customer. Thank You.

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