ComplaintsforEmpower Infrastructure

• Initial Complaint

  11/21/2022

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  On March 8, 2022, I signed a contract with Empower Infrastructure that was quoted at $4,900 in consideration for MD Professional Engineer signed plans for the site plan, stormwater management, and sediment control that met ********** ***************** ******************* (******) requirements. This was for a single-family home project in Silver Spring MD. They were provided with job location, project information, house plans, and a topographic survey to prepare the quote. Review plans were provided for stormwater management and sediment control and reviewed within 48 hours. There were mistakes found every time. There were major mistakes and in other cases information from presumably other projects was inserted that made no sense. Some of these mistakes were corrected. Major mistakes exist such that ****** has twice rejected the submission. Empower Infrastructure was paid $1,500 to start work and $3,400 to deliver plans. Review sets stopped stating that all the revisions were made and I had to make the final payment to get the plans. They were paid, but the plans still contained major mistakes and were rejected by ******.The ****** requirements are defined at ****************************************************************** *********** proposed that I pay an additional $2,010 to complete the work. Their terms are to pay the entire amount before ****** accepts the revised plans. The business has resisted fulfilling the terms of the contract and as time has elapsed the project continues to be delayed since September 20, 2022, when the first submission was rejected. Another submission was made on October 12th and rejected. ****** provided an example of an approved submission to reference. Empower Infrastructure made a couple of corrections requested by ****** however major mistakes remain. The plans are unusable. *********** is refusing to complete the work without receiving an additional $2,010.Requests to finish work or refund payment are ignored.

  Business response

  12/22/2022

  The customer was responsible for providing the data for the services provided by Empower Infrastructure. The client provided incorrect data, which was not identified until after the plans were submitted to the county. When Empower Infrastructure notified the customer of the incorrect data, the customer provided the correct data. As Empower Infrastructure completed the work with the incorrect data, spent time on the project, and provided completed plans based on the incorrect data provided by the customer, Empower Infrastructure requires an additional fee. Empower Infrastructure is working on the plans, has had multiple meetings with the customer to provide plans, and continues to work on the project. We have not ignored the customer or refused to work on the plans. We are still working on the project and communicate with the customer. We are attaching two emails showing we are continuing to work on his project. Please dismiss this complaint. Many thanks. Happy holidays. 

  Customer response

  01/08/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:
  

  ---------- Forwarded message ---------
  From: ****** ******* *******************>
  Date: Fri, Jan 6, 2023 at 4:11 PM
  Subject: Re: You have a new message from the BBB of Metro Washington DC & Eastern Pennsylvania in regards to your complaint #********.
  To: <[email protected]>
  

  
  

  The complaint response was sent on 12/27 when I was out of town on vacation. Today is actually business 9 days from that email date. I wanted to post my response but the system would not allow it. One of these days was a holiday observance on Jan 2nd.
  

  
  

  Please help me by posting the response for me or reopening the website so that I can do it. Here is a screen capture of the complaint;

  
  

  My response to the business is as follows:

  
  

  The claim that the customer submitted incorrect data is false, and the claim that the customer submitted new data is also wrong.

  The data submitted to Empower Infrastructure included the Plat, the architectural drawing set, and the surveyor CAD file. Empower Infrastructure is claiming to have received new data. No new data was provided. Empower Infrastructure has made mistakes and is not admitting its faults. They state the scale and units were set incorrectly. The scale and units are selectable in the AutoCAD software. It is their responsibility to set them to whatever they needed. Please contact Surveyor **** *****, ***** * ********** LLC, *** **** **** *****, Gaithersburg, MD ***** Tel. ###-###-#### ******************* and they will confirm that the data has not changed.

  Throughout this project, Empower Infrastructure has produced review material. Every version contained errors and did not comply with ** *** standards. There were fatal errors concerning inappropriate content, references to other projects, and missing vital information. The work was so deficient that the ** *** reviewer rejected the submittal twice and finally sent me an example of an approved submission so that the civil engineer could see how to prepare a submission.

  Before the first submission to ** ***, Empower Infrastructure refused to send any more review sets and stated that I had to pay in full and they would make all the required changes. They were paid in full yet did not make the changes to make their work acceptable. ** *** rejected the drawings on the same day it was submitted. It was then that Empower Infrastructure stated that the data was incorrect. I provided them with detailed review comments identifying the discrepancies and the missing information ** *** identified. They demanded an additional payment of $2,000 to fix their mistakes. I contacted the surveyor and asked him. He said he has done thousands of surveyors and never ran into this situation. I asked him to call Empower Infrastructure. He called and then resent the same CAD file. Empower Infrastructure generated another drawing set after being paid $1,000. The ** *** reviewer has not yet reviewed these drawings.

  The lesson was that I should have not paid in full until receiving a final review copy that was acceptable to ** ***. I should not have trusted that Empower Infrastructure would fulfill the contract. They took the payment and did a poor job resulting in 3 months delay in the project.
  

  
  

  Will you be able to help me out?

  
  

  Thanks,

  ***

  ###-###-#### Mobile
  

  
  

  Regards,
  
  ****** ******* 
  

  Business response

  01/23/2023

  Good Afternoon, 

  As previously stated, our company did the work with the incorrect data, which is why the change work order was required. The client agreed to pay for the change work. To present, Empower Infrastructure has been working with the client to make the required revisions. It is unclear what the client is asking BBB for in this case. We are working with the client to make the changes to the plans to get his permit. Please close this complaint as we are working with the client. 

  Many thanks, 

  ** ******, PhD, PE

  Customer response

  01/24/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  The claim that the survey CAD provided is untrue. The surveyor has not changed the data file. This fact can be verified with the surveyor at ***** * ********** LLC. Secondly, Empower Infrastructure states that the "units" and "scale" were incorrectly set. These are parameters that the user sets himself from a drop-down list. The analogy would be receiving a word document in times roman font and 11-point size but wanting something different. You would change whatever font and size you want. It does not change the data or content. Lastly, these assertions have nothing to do with the fundamental mistakes that Empower Infrastructure made. They ignored the Plat and the Survey information specifying the boundary for the property. The work they submitted included the roadway, the public right of way, and portions of the adjacent property in the area calculation. When I notified them months earlier about this discrepancy, Empower Infrastructure stated that was the software output. A professional engineer would have examined the customer complaint, reviewed their work, and realized their mistake. This realization did not happen until months later.

  Their work has been fraught with many errors, documented with emails describing the mistakes. In the beginning, several sets of plans were received to be reviewed. Then, Empower Infrastructure stopped sending plans. It demanded that I pay in full and that they would make all the necessary corrections so the SC/SWM plans would be acceptable. I paid them in total, and the 14-page plans still contained fatal errors, which Montgomery County (MC) *** immediately rejected. The submission was so bad that the ** *** reviewer provided a 2-page approved example as a guide to help the civil engineer correct his work. The sample was sent to Empower Infrastructure in early October.

  Empower Infrastructure acknowledged the mistakes but stated flawed data caused them. I have explained why this explanation is untrue. They demanded an additional $2,000 and two more months to fix the mistakes. No new data was provided. They are using the same surveyor's CAD file. I paid them because I needed to get a permit. Since signing the contract, seven months elapsed — another set of plans was delivered in late December and submitted. The ** *** reviewer rejected the plans, stating, "Denied. The submission is very incomplete. Lots of items are missing. Please see the example plan I sent and see our website for more details."
  

  The civil engineer responded three weeks later, stating that he will provide new files in 4-5 weeks. In addition, he said that he would charge me $400 an hour to communicate with third parties, including the county. So the request by the ** *** reviewer to talk with us using a ********* Teams call will not happen. Instead, I will forward ** *** reviewer comments by email to Empower Infrastructure. This behavior is highly unusual for civil engineers not to talk freely with the ** *** reviewer.
  
  Empower Infrastructure claims to be working to fix the plans so the county will accept them; however, it is less clear that they will be successful. It has been nine months since the contract was signed, and satisfactory work has not been delivered.
  
  My objective in filing the BBB complaint was to encourage Empower Infrastructure to fulfill the contract terms, refund the $2,000 charged to fix their mistakes, and complete the work promptly.
  
  Regards,
  
  ****** *******  
  

  Customer response

  07/19/2023

  ---------- Forwarded message ---------
  From: ****** ******* <********@*****.com>
  Date: Wed, Jul 19, 2023 at 12:34 PM
  Subject: Fwd: Termination Letter of the Professional Engineering Service Contract
  To: Dispute Resolution Team <[email protected]>
  Cc: <[email protected]>
  

  
  
  Good day. This email intends to share a successful completion of the mediation effort with Empower Infrastructure. I accepted their counteroffer to refund $4,900 since my alternative of seeking damages in small claims MD District Court is limited to $5,000. The email thread contains the negotiations between myself and ***** *****. In consideration of Empower Infrastructure refunding the money I paid them, I cannot register any new complaints or lawsuits and I make a good-faith effort to resolve the complaints with the Better Business Bureau (BBB) and the Office of Consumer Protection along with the review on Angie.
  
  

  This email is my good-faith effort with the BBB of Metro Washington DC & Eastern Pennsylvania to request that my complaint #******** reflect a status of being resolved.
  

  
  

  Thank you again for your help in this matter. I believe that the BBB's correspondence last year with Empower Infrastructure played a role in their decision to offer a solution.
  
  Regards,
  *** *******
  

  ###-###-####

• Initial Complaint

  05/13/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Date of Transaction: March 16. 2022 Details: I signed a contract with Empower Infrastructure for the development of floor plans to include 1) addition of one dormer across back of second floor of my house at **** ******* *****, 2) removal of wall between guest bedroom and living room, 3) redesigned upstairs bathroom. Agreement was made they would be delivered in four weeks. After multiple emails to AJ Z*****, the floor plans were delivered on April 15, 2022z the delivered floor plans did not reflect any of the three points. After three revised floor plans, the floor plans were corrected. Mr. Z***** refuses to provide the final floor plants unless 8 provide final payment. I have informed Mr. Z***** that I will pay him once I get the permit from the county to do my remodel. Today, I received a Letter of Demand for payment for the plans from Kathy D****, esq Director of Marketing and Legal at Empower Infrastructure LLC

  Business response

  06/29/2022

  From: AJ Z***** <**@eidmv.com>
  Date: Tue, Jun 28, 2022 at 8:25 PM
  Subject: Re: ***** ***** Complaint (********)
  To: ***** ****** <*******@mybbb.org>
  
  Good Evening *** ******, 
  
  On March 16, 2022, Empower Infrastructure LLC and *** ***** ***** entered into a contract for the services (1) provide structural plans to remove a load bearing wall on the main level; (2) provide structural plans to add two dormers on the upper level; and (3) provide architectural plans to reconfigure the bathroom on the upper level. There was no written agreement regarding the timing of the delivery. Empower Infrastructure gave *** ***** an estimate of 4 weeks for the completion of the project. 
  
  On Tuesday, April 19, 2022, Empower Infrastructure sent *** ***** the draft plans via email for her approval. *** ***** stated "The plans look great. Thank you." On April 22, 2022, *** ***** requested changes to the plans. Empower Infrastructure accommodated *** ***** and sent her the revised plans on April 26, 2022. *** ***** approved the plans on April 27, 2022 via email. 
  
  In accordance with the contract, signed by *** ***** on March 16, 2022, page 2, footnote 2: "Empower Infrastructure shall provide the draft plans for the approval of the Client. Empower Infrastructure shall submit the signed and stamped plans after the plans are approved by the Client and the third payment is received" Empower Infrastructure sent *** ***** an invoice on April 28, 2022 for the final payment. *** ***** did not pay the invoice. 
  
  On May 2, 2022, Empower Infrastructure sent *** ***** a reminder about the invoice and sent her the link to pay. *** ***** did not pay the invoice. On May 2, 2022, *** ***** emailed Empower Infrastructure "Please send me the final package so I can submit it to the county for approval. Once approved, I will pay your invoice." 
  
  On May 2, 2022, Empower Infrastructure reminded *** ***** of the payment plan schedule in the contract. *** ***** refused to pay again stating "As I said earlier, please send me the final drawings and once they have been approved by the county, I will pay the remaining balance."
  
  On May 11, 2022, Empower Infrastructure sent *** ***** a Demand Letter for Payment. *** ***** refused to pay in accordance with the terms of the contract she voluntarily entered into on March 16, 2022. *** ***** filed this BBB Complaint and a Complaint with the DC OAG in order to avoid paying the remaining balance in accordance with the contract and attempting to alter the terms of the contract after the work had already been completed. 
  
  *** ***** also influenced another one of Empower Infrastructure's clients to submit complaints as well.
  
  It is our position that Empower Infrastructure has acted in accordance with local, state, and federal laws and regulations. *** ***** has breached the terms of the contract she voluntarily entered into.  
  
  We respectfully request that the BBB dismiss *** *****'s fraudulent complaint. We have proof of all the statements made in this response. We would be happy to provide the emails and contract at your request. 
  
  If you need any further information, please contact me here at [email protected]. 
  
  Many thanks, 
  Dr. Arzhang (AJ) Z*****, PhD, PE
  
  

  Customer response

  07/06/2022

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because Mr. Z***** of Empower Infrastructure failed to meet the terms and timeline of the contract. Please see the attached timeline of all interactions with emails between myself and Mr. Z***** detailing Mr. Z***** not meeting the terms and timeline of the contract.  
  
  Regards,
  
  ***** *****
  

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