ComplaintsforConstruction Concepts

• Initial Complaint

  03/26/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  We hired ******** and went into contract with Construction Concepts back in 7/5/2023 to build a brand new ADU. Contract stated that the project would be completed within 180 days from the first day we signed the contract. We paid $20,295 upon signing contract; contractor stated the funds would be for material, but project did not start until December 2023, already a breach of contract. During this entire time we have paid $82,475 total which is a bit over 80% of the project paid for. We already had two failed inspections, there is still no stucco/drywall and not finished the plumbing, hvac and electrical work. Due to his negligence we had to pay another contractor to correct electrical safety concerns. We've experienced numerous delays, and procrastinating efforts. We always paid him in advanced per his request because he had to pay for material which was never ordered or for work that was never performed. We made countless attempts with the contractor to resolve the issues. After reviewing all invoices and calculating everything on what has been done there should be a refund of $51,675 but we figured compromise number at $47,475 to resolve the matter. Since then we have reached out to him regarding our request he has now stopped communicating with us.

  Business response

  03/28/2024

  *************************************

  Good evening in response to the complaint filed yes contract was executed on 7/5/2023, on 7/7/2023 we met with the Architect of records as to go over the floor plan desired by said clients, plans and T-24 where being worked on and to be submitted by the Architect under separate contract during this time we had to get electricians on site as a pool project was being started and we would not be able to get our electrical main line on 8/2/2023 electrician installed the main line, during this time we were waiting on Permit approvals this process does take some time, this is why we have section 1.4 Extra Time in the contract, line section states shall not be responsible for delays caused by any of the following: failure of all necessary building permits with a reasonable length of time. Plans and permits where released and sent to me on 12/15/2023 first inspection for underground waist was scheduled for 12/19/2023, passed that inspection and started installing base and backfill to prep for foundation inspection this inspection was executed on 1/2/2024 and concrete was poured the same day. The clients where expecting this ADU to be built in one month but this cannot be achieved by any contractor it's typically completed in the 180 days' time. I have tried to work with this client every step of the way but the demands that they tried to impose on me to continue the work i could not agree to per section 3.1  Opportunity to cure was not given for any of the work they claim is not done correctly, also 4.6 Arbitration of disputes has not been allowed per contract agreement, these clients have had issues with 2 other contractors on this same project but they did not get as far in the build as we have, this should have been a red flag but I decided to take the project on regardless. I do not agree to the amount this client is seeking do to the extent of what has been built and the breech of contract per sections stated above.    

  Customer response

  03/29/2024

   I am rejecting this response because: ******** confirmed when we signed the contract that the process for architect drawings would begin and permits would be submitted. At that time, he requested a $20,295 check prior to even starting the build (invoice stated that it would be for material) that material we have yet to see. At that time, it was advised by ******** that permits could take up to 30 days, come to find out because we went to the city ourselves in mid to end of September that the permits were not even yet submitted! We were very honest with ******** in our consultation of our wants and needs and our deadline for completion, which he over promised and under deliver because he stated he would have it done before the holidays. Our pool was completed in November and the permits were released in mid-December, how can the pool get in the way of the *** build. ******** was also included on several emails with our pool contractor to coordinate with one another if things needed to be done, which *********************** ever responded to. We have paid ******** a total amount of $82,475.00 which is 80% total balance but only have about 30% of the work done. ******** has requested money for material and for work that 1. has not been completed, 2. it was half way done and 3. we have had to pay other contractors out of pocket due to negligence and had to fix the issues which could have caused potentially a safety issue in our home. The two city inspections (attached) have failed due to this, and other things that he has stated that they were either not an issue or were already done, obviously that is not the case and this entire time we have been under false pretenses. I dont believe we were demanding; we just wanted the job that we have been paying for to be done. Although his contractors license is currently active, license may be suspended at a future date due to not complying with a bond payout. (See attached) We are requesting a refund for the money that was paid way in advance for material that was never ordered and for work that was also paid for and either not completed and/or having to pay someone else to redo. I have more other evidence but only able to upload up to 5 documents.
  
  
  

  Business response

  03/30/2024

  First of all I do not control how long the city takes for plan check and release of permits this is why it is stated in our contract, as for work performed, I did communicate with the pool contractor and we did get what needed to be installed prior to their concrete pour, the client has made it a point to make things difficult for us to proceed with the work and make corrections needed, I do not agree with the comments made in the response as you did not allow for us to proceed with our work and also requested an inspection without my knowledge another breach in the contract, also as stated before there is an arbitration clause in the contract that has not been adhered to, I will not continue to entertain all that you guys have been trying to do to shame me including your husband staking out one of my clients house until 10pm and scaring the family as this was not appropriate.       

  Customer response

  04/01/2024

   I am rejecting this response because:
  

  Construction concept was in breach of contract.  His examples don't align with facts. Attached are some examples that we had to provide evidence that we have been trying to communicate with him and have been trying to understand his version of how he does work. From our understanding, based on how it is written from the ****************** and I quote, " You should never pay a contractor for items not yet completed, or for material not yet delivered to the property. It is usually a violation when a contractor's request money in advance. CSLB has progressive discipline, so if the contractor has had other complaints, it may be greater. " On March 12th of 2024 construction concepts bond had a payout of $25,000.00 for violation of BCP. This only aligns with the approach ******** has taken, because he requested an additional ***** weeks for completion when we paid out Greater than 80% of the build. With that said, we questioned ******** on why it is taken so long, if material were already paid for, keep in mind our last payment was Jan 10th, 2024, totaling an amount of $82,475.00 out of $107,000.00 contract. Furthermore, ******** aggressive nature that he demonstrated, going as far to my employment location simply to ensure he gets money, was the first steps in out version of " red Flag". Our next Inspeccion wasn't scheduled till 3/6/24 because supposedly we needed a custom-made entry door. Weeks went by without any work progress, and we did not bother ******** during this time, given the impression he gave us, that work stoppage is necessary simply because our next inspection cannot be completed, due to the doors not being on site. on 3/2/24 ******** and is team installed the final entry door, scheduled inspection on 3/6/24. That inspection was failed, see the attachment, simply because it was out of sequence and there for, we failed. We quickly began to question him due misleading information he has been providing. The facts are that we did not pass because our ADU was not ready for the lath inspection which ******** scheduled for. We than decided to call for the proper inspection in order for us to fully understand our ADU current conditions. That inspection was completed on 3/19/24, and as you can see, a magnitude of items were simply missing and nor even attempted for installation. How could this be, if we had paid for these items, or 80% or great for the project?  Thats the million dollars question.   Now down to addition breach of contract. ******** has 7 days to complete and or pay for any item we are not happy with or done improperly. See the attached for the safety issues, this electrical service was completed on 3/2/24. I personally advised ******** what's the deal on this, can you please correct it, it is a safety concern given that there is live power. This didn't get looked at till 3/16/24 and even then, it was done very sloppy and poorly executed, we had no choice but to call an outside contractor who is dedicated and licensed in electrical Engerineering to provide a proposal to correct these issues, we asked ******** to please address it immediately since it is now going on 2 weeks since we first mentioned it. ******** failed to respond in the time he allocated him self to reply to, and ultimately forced us to pay for these services and get the, done due to safety concerns. 

  Ultimately, we ask ******** to please refund us the amount of $47,475.00 he refused, and we asked him to please let us know then what is his version of the proper dollar amount of refund and go from there, his last response  was "I don't know where you got this amount or how you factored in this number, this amount that you're requesting I do not agree to, I will go throw what work has been done and be in touch soon." This was on 3/24/24 at 2:39pm. and haven't heard from him since. 

  We simply have been trying to resolve this matter within ourselves, but ******** has failed to make any sort of attempt to address this disagreement in manner in a timely fashion and simply puts us on hold till he is ready. We simply ask for him to refund our money we are requesting to remain civil and professional and address this head on with dignity, and integrity. We want to resolve this matter and have been trying so, but ******** simply not showing the care needed. In addition to that, we have on record, ******** stating to one of the contractors on site, " I'm thinking of walking out of this job" well before we case to our final conclusion that ******** simply has taken our money and ran. Its only natural for a customer to quickly exhaust all avenue to retrieve their current losses.  If needed proof with a written and signed statement can be provided. 

   

  
  

  Customer response

  04/01/2024

  [A default letter is provided here which indicates your acceptance of Mediation. If you wish, you may update it before sending it.]

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, , and find that Mediation is necessary.

  Regards,

  ***************************

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