ComplaintsforCharco Design & Build Inc

• Initial Complaint

  11/09/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We signed a home improvement agreement with Charco DB (Armando F*****) on **/7. We were asked to write a **k check for "Start scheduling and Ordering materials" that was cashed the same day. Before signing, we raised concerns about the payment schedule but Armando assured us this was normal. We now know it is in violation of state law "to collect payment for work not yet completed, or for materials not yet delivered", and also that it is a violation of state law that the agreement fails to mention this under the payment schedule. Work was scheduled to begin on **/17. That morning, Armando asked for another 20k check for the start of demolition. We refused because other conditions were unmet. However, we signed a change order. Told by Armando it had to be paid right away, we wrote him another check. We didn't know that this request was also in violation of state law. On the same day, a subcontractor began to demo one of the decks. Shortly after, he stopped because railings and a staircase would have had to be removed for him to proceed, and because he didn't have materials. When asked why he didn't have materials, we learned Armando had claimed he was waiting for us to pay him when he had already received checks for **k from us, including a **k check specifically for materials. We asked Armando to pay the subcontractor as promised. After first giving the subcontractor a post-dated check for **k, Armando eventually gave him a different **k check dated **/20. When the subcontractor attempted to deposit it, it bounced. As of 11/8, there has been no attempt by Charco to rectify this. With the exception of the removal of flashings, no work has been performed and Charco has shown no concern for the partially demoed decks despite recent rain. This is not professional or workmanlike as was promised in the contract. We have (so far unsuccessfully) asked to bilaterally terminate the agreement and asked for a refund. (We would pay for the porta-potty and subcontractor.)

  

  Business response

  11/14/2022

  Dear Better business Bureau,
  
  
  I am responding to the complaint of the Mr.******* ******* that I received from on Nov. 9, 2022.
  They are alleging that we are in violation of state law regarding the payment schedule of the contract. To the customers satisfaction, I revised their contract 6 times, in a way that could make them feel comfortable and secure. The contract we use here at charco Design and Build was created by our lawyers, and we have been using it for over 28 years. We have used this legal contract with hundreds of clients, including lawyers and judges, who haven’t once said we were in violation of state law. I will send you an attachment of the contract, where you can see the payment schedule that was agreed upon and signed off by the *******’s. Also, the client wanted to do an escrow on the project, and we agreed to it, to satisfy them. Previous to the job starting, we had many meetings explaining the future progression of the job. It was all made very clear to the client. Previous to starting the job, we had multiple meetings with the owner who was not sure which product he wanted to be used on his deck, and that caused a little delay. We only started physically working on the job 1 day, when the customer started acting erratically. I put a hold on the check for our subcontractor. I felt like the *******’s were insecure, and were going to cancel the job. I didn’t want to pay the subcontractor if he wasn’t going to be doing the work. Also, per our subcontractor contract, we have our payment schedule with the subcontractors. The customer mentioned how in the past they lost a lot of money from another contractor, who ran off with their money. That wasn’t us, but they were projecting their anger and fear upon us, when we absolutely did nothing wrong. The real reason why they are making a complaint about us to you is because they are just trying to get out of paying their cancellation fee, per the contract. They did have a second contract with us for further work, but because they cancelled with the window of getting a refund, they got their money back for that job, and there won’t be a cancellation fee required for their second contract. In all the years of Charco Design and Build being in business, this is the first ever complaint we have had from a customer to the Better Business Bureau. We definitely did everything legally, as we always have done. We take pride on being a reputable business in our community, and don’t appreciate slanderous accusations.
  
  
  With regards,
  
  
  Armando F*****

  Customer response

  11/14/2022

  On April 28, we received a message sent from the business to BBB stating
  Hello *****. A check has been sent out to the *******'s. This should clear up the
  complaint from the *******'s. Currently the owner of Charco design and build,
  Armando F*****, is out of town till Tuesday. I will check with the accountant on
  Monday to make sure the check was processed. Thank you.
  ******
  If a check had already been mailed on or before April 28, it would have arrived by now.
  Similarly, if it had been mailed by Monday, it would also already have arrived. If it had
  been mailed Tuesday, it would be in today’s **** informed delivery, which it isn’t. So
  this is just another set of lies. Since we have to respond by today, we have no choice but
  to reject it.

  

  Business response

  11/15/2022

  I sent an extensive explanation on an attachment in the previous response.  Charco design and Build didn't do anything wrong.  Everything was done per the contract.  We have been using this contract for 28 years with no problem, and not a single complaint to the BBB.  The client is defaming us by making this complaint, and they are making up things to you.  We are a very reputable company.  We have worked for many important and intelligent business leaders in the community without a complaint.  Please refer to our contract in this attachment.  If you should have any questions, please call ****** at Charco design and Build.  Her number is *************

  Customer response

  11/16/2022

  We previously read and have responded to the business's first reply mentioned by Charco (see our attachment BBB_response.pdf).
  
  We have no intention to defame anyone, and we are appalled by this accusation as well as by the accusation that we "are making up things". What we have said is factually correct. Specifically:
  
  1. The contract is in violation of BPC 7159. This is easily verified by inspection of BPC 7159 and the contract attached by Charco (Armando F*****) (p.5. of the pdf).
  
  2. The practice of asking for more than the lesser of **00 dollars or **% of the contract sum before completing any work or delivering any materials is in violation of state law.
  
  3. It is not under dispute that the only subcontractor that started work (for approximately 2 hours) wasn't paid and that he was told that they hadn't been paid because Charco (Armando F*****) was supposedly waiting for us to pay when Charco (Armando F*****) had already collected and cashed checks worth a total of ****** dollars.
  
  4. It is not under dispute that Charco gave a check to the subcontractor just before the meeting we had asked for, and that he told us at the meeting that he had given him a check, clearly attempting to create the appearance that he had now paid the subcontractor.
  
  5. It is not under dispute that we later learned that this check was postdated and couldn't be cashed at the time.
  
  6. It is not under dispute that a different check, written to the same subcontractor to replace the first one, bounced.
  
  7. It is not under dispute that we asked Charco (Armando F*****) to amicably and bilaterally terminate the agreement, to which he has promised but still not delivered a response, which is why we filed the complaint with the BBB in the first place.
  
  If, as Charco has claimed earlier, this is only about the cancellation fee, why is he holding the full amount hostage rather than just the cancellation fee?

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩