Complaints

• Initial Complaint

  10/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  *************************, The General contractor/owner for ****************** was hired to be a ** by the homeowner for a Bathroom Addition. The overall 5% fee for the ** service was the agreed upon sum for the entirety of the build, meaning, he would receive 5% of the total build price as his compensation. After the homeowner down payment to a sub contractor of $20K for building material, The ** then told the sub that the contract/agreement was that he gets 10% of the total build costs, The sub paid the ** $2350 WITHOUT A CONTRACT and without talking to the homeowner. The ** lied to the homeowner and sub. The ** pocketed $2350 off an initial $20k building material costs, then sought an additional $1000 (5%) from the homeowner for the same exact thing he just charged the sub. ************************* is a scammer intent on stealing as much as possible. There are several long emails chains and threats by him to the Sub and the Homeowner threatening legal action if he didn't get paid and also remained on the project. This is a brief, pointed description on what **** did, there are more issues he failed to due in the run up to starting this project. If needed I can supply contract between the homeowner and **. There was no contract from the ** to the Sub Contractor. I can also supply any and all emails, videos, text messages.

  Business response

  10/16/2023

   

  HISTORY ON PREVIOUS REQUESTS BY ****.....

  This was my second project development and consultation with ****. The first was to build a 2 car detached  garage. He didn't want to pay for my services then either.He must have appreciated by services and experience as he called to get my help again on this BATH ADDITION AUG 2023 I was hesitant when he called me back in August to help him with this project and made sure my services this time would be compensated for  under my contract. I presented my services to **** were under agreement to assist as a construction consultant and owners representative to help him with a bath addition he accepted these terms. **** is correct that he agreed to my contract and proceeded to pay my invoices for upfront fees of $1,000.00. He has contractually agreed to my services and my fees for me assisting in product selections, specifications for engineering involvements and assisting with all up front city permit requirements. He agreed in this same contract to my fees of 5% of the contract cost from the General Contractor. These fees were for my time for trips for construction site inspections, city code and Zoning meetings and calls, General Contractor invoicing reviews, GC progress billing approvals and quality control inspection.I interviewed several General Contractors I know to be reputable and began  developing a workable price and budget and finding  a reputable General Contractor to build the Project.  Additionally I was to sent weekly reports to the owner once the project started. I have 46 hours logged on his behalf for this project to date.

   

  Customer response

  10/17/2023

  Complaint: 20736586
  
  I am rejecting this response because:

  
  Please see attached word document.
  

  Business response

  10/27/2023

  The homeowner is confused about the contractual agreements ***************. There are two contracts one with the homeowner for a 5% consultation fee in helping manage the project. It clearly states that there will be a general contractor involved working directly with the homeowners hire.

  The second contract is with the general contractor who clearly understood a 10% commission was involved for me recommending them and helping include them in the project for construction. This was a sales commission and clearly stated and agreed to by the ** not only on this job but also another. This contract is not part of this inquiry as **** was not a party to this agreement for marketing this opportunity to the ** 

  Abam has canceled our contract so I am finished with the permit assistance and building process inspections and help for ********* 

  His complaints and request for refunds are contractually without merit. And he actually owes me for the $1,000 00 of my time I billed him for.

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

   

  Customer response

  10/29/2023

  Attached is the INITIAL contract.

  **** was to rewrite it before the construction started. He never did.

  There is no other contract between myself or Him or between **** and the Sub Contractor.

  He had 6 weeks to get a new contract and get things done. He never did anything he was supposed to do.
  

• Initial Complaint

  02/27/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  On 27 Apr 2022 I signed a contract with an employee of *******************************, owner of Firststar Painting to hang drywall in our garage 6-7 May. A different contractor was painting our house **** May, we needed the garage completed first. He promised he would complete the job within our timetable, I wrote Start project on Friday, 6 May 2022 on the work order but never received a copy.On 2 May ******************** came to our house to collect a $600 deposit, insisting the check be made out to him personally, NOT his business account. The employee failed to show on 6 May, when I spoke with ******************** he said his employee was on another job and couldnt start until next week. ******************** called 9 May and asked ME to buy the materials at *********** I refused and asked what the $600 deposit was for? He stated it was a scheduling fee, I was responsible for buying the materials and would deduct the materials/deposit from the final bill. He said this was normal, customers were always responsible for buying materials.On 10 May ******************** brought over a blank contract, NOT the one I signed. I reminded him I accepted the bid because we were assured he could start on 6 May. ******************** said he didnt know we were promised to do the job 6-7 May, we had to wait until his employee was free. After more discussion I stressed this was unacceptable and ******************** said he would refund the $600 deposit later that day.******************** broke our contract and failed to refund my $600 deposit after telling me eight times he would: 10 May in person, 11 May text, 24 May voicemail, 9 Jun phone, 14 Jun text, 22 Jun text, 7 Jul phone, 9 Aug phone. Over time he became rude/belligerent, after 9 Aug he refused to take my calls or respond to text messages. I eventually gave up trying to contact him and sent a certified letter on 15 Dec demanding he refund my $600 deposit. I gave him until 20 *** 2023 to refund my deposit or risk legal action. He signed for the letter on 15 Dec and has not responded.

  Business response

  03/07/2023

  PROJECT OVERHEADS INCURRED ( PARTIAL RECOVERY OF ACTUAL LOSSES)

  2 site visits at 2 hours 4 hrs @ $75.00 per hr ( my average INCOME/HOUR)$300.00

  2 hours vendor calls and estimation 2 hrs"$300.00

  texts and phone time with ***************1 hr$  75.00

  total preconstruction overheads $ 675.00.

  PRODCUCTION PROFIT LOSS50 % PROFIT PROJECTED$ ****** PER DAY ON 4 DAYS$ 600.00

  TOTAL EXPENSES LOSS AND LOSS DUE TO CANCELLATION$1,275.00

  RECOVERED FROM SCHEDULING FEE (see BELOW FOR CONTRACT WORDING}- $600.00

  ACTUAL LOSS$ 675.00

  PARAGRAPH FROM MY COMPANY CONTRACT

   

  2.1  SCHEDULING  PAYMENT
  A payment of 30 % of the contract price shall be made upon execution of this agreement and 
  credited to the final project payment at the time of conclusion.

  This payment will secure the allocated time on our schedule and be applied and accounted for at the final payment.

  It covers a time on our schedule held for your work, pre-construction overheads, initial materials, mobilization, ordering, scheduling, and demobilization for this project.

  This fee is refundable only if this contract is canceled 14 calendar days prior to the start date.

  This provision does not waive any rights Firststar Painting has for loss of income from any lack of production days for this

  contracts scheduled reserved days for the client, materials ordered, and preconstruction overheads. 
  

  I HAVE ONLY ATTEMPTED TO RECOVER ABOUT HALF BY ACTUAL LOSS BY THIS CANCELATION.

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

   

  Customer response

  03/10/2023

   
  Complaint: 19493556
  
  I am rejecting this response because:

  We had 3 companies bid on the project and we accepted Mr. ********* because it fit with our timeline. I dont know if he is trying to take advantage of me because Im a senior-citizen, disabled vet, or both? I dont understand how he is trying to charge us $600 for the estimate on 27 Apr,two short site visits (to pick up deposit on 2 May and argue about the schedule on 10 ****. These are bogus charges and should be a normal part of doing business. I was never told he was going to pass on $675 in preconstruction overheads to me. *** spent an inordinate amount of time trying to get our $600 deposit back after he failed to adhere to the contract. To reiterate, he told me 8 times he would refund our $600 deposit: 10 May in person, 11 May text,24 May voicemail, 9 Jun phone, 14 Jun text, 22 Jun text, 7 Jul phone, 9 Aug phone.
  The contractor we eventually hired to complete the job only took one day, not the four days ******************** citied in his reply to my complaint.
  Excerpt from his contract in his reply: This payment will secure the allocated time on our schedule and be applied and accounted for at the final payment. It covers a time on our schedule held for your work, pre-construction overheads, initial materials, mobilization,ordering, scheduling, and demobilization for this project. 
  The dates we accepted with his estimator / installer (6-7 **** were NOT met. ******************** NEVER gave us a firm start date during follow-on conversations, so how can he say he lost income? If he didnt live up to the contract, why does he feel he is entitled to keep the $600 deposit? On 10 May it became clear he couldnt meet our agreed-upon timeline and he said (in person) it best we move on and stated hed drop off the check later that day. He did not complete the job 6-7 May as promised and NEVER committed to a schedule afterwards, which reinforces the fact that HE is in breach of contract.
  
  Sincerely,
  
  ***********************

  Business response

  03/13/2023

  I suggest we take out better business bureau's offer to do mediation or arbitration in these matters. they will have to follow the contract and the excess overhead clause and why I think my pre-construction expenses are your expenses not mine due to your cancellation. 

  you're incorrect about the start date we did have a agreed upon start date to begin with.as I explained earlier we had other work ahead of yours and had to complete it prior to being able to man your job.

  construction start dates are contingent on the availability of material labor and acts of God that will be my argument not mybeing irresponsible or not adhering to what was possible to do here. the problem was you just couldn't accept it and couldn't wait another day or two.

  al

  Also you have failed to explain what the urgency was that would require you to cancel the contractand to exhibit none of the flexibilities that are clearly explained in the contract concerning start dates.

  my suggestion is that we go to Better Business Bureau for arbitration or remediation and I will honor any decision that is fair to meet in the middle on this

  ****

  Customer response

  03/15/2023

  Complaint: 19493556
  
  I am rejecting this response because:

  I dont agree with Mr. ********* logic but agree this should go to mediation or arbitration with the Better Business Bureau. For over 10 months ******************** has failed to acknowledge the fact that we had a binding agreement with his estimator / installer to start the job on 6 May 2022. Weve made it quite clear the entire time the primary reason we signed the contract with Mr. ********* company was because we were coordinating other projects in our house, and we were assured the job could be started on 6 May. On 10 May we discussed our timeline, and after he admitted he couldnt meet our schedule, he agreed it best we move on and said hed drop off the check later that day. Since then, he told me seven more times he would refund the $600 deposit. After his employee accepted / committed to the 6 May start date and failed to show up, this became a company problem that ******************** needed to correct.
  If we had known up front Mr. ********* company could not complete the job when we needed it done, we would have accepted a bid received from another contractor. Its not a matter of me being inflexible, from the beginning we clearly stated our timeline, and his employee assured us he could do the job starting on 6 May. There is no basis for ******************** to say he is entitled to pre-construction expenses when he failed to start the job on the agreed upon date.
  For me there is no middle ground, we had a binding written agreement with Mr. ********* employee, and his company failed to honor the contract. We expect ******************** to follow through with the eight times he said he would refund my $600 deposit. I must point out again he insisted the deposit be written to him personally, NOT his business account. I find this highly suspicious that he demanded my wife write the $600 check to him and not his business.
  
  Sincerely,
  
  ***********************

  Customer response

  03/17/2023

  [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,

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

  Business response

  03/21/2023

  [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 consumer in reference to complaint ID .********, and find that Mediation is necessary.

  I have not been able to upload my contract explaining my scheduling fee policy and my clause on start dates and reasons for delay that are beyond my control.

  Thank you.

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

  Customer response

  04/09/2023

  [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.

  Please let me know when ******************** has located and provided a copy of the contract I signed on 27 April 2022.

  Note: he never provided me a copy of the contract and I signed on 27 April 2022.  The only paperwork I've received is a BLANK contract he gave me on 10 May 2022 when he came over to discuss why he didn't meet the original start date of 6 May 2022.  During our discussion I stressed (again) the continual delay and his unwillingness to commit to a firm start date was unacceptable and ******************** stated he would refund our $600 deposit.  ******************** said it's best we move on and said hed drop off the check later that day.

  Regards,
  

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

*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. ↩