ComplaintsforCantrell's Construction Inc

• Initial Complaint

  11/21/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Initial contract was signed on 4APR23 Amount paid to date 62441 Contract as to build a single family home. To date basic foundation work has been completed. We terminated the contract due to Job abandonment, negligence and breach of contract. Cantrells construction signed a contract for a specified amount to build our single family home. After delays, excuses and lack of communication, Cantrells Construction attempted to renegotiate price of contract that was set on 4APR23 as scope of work. Only upgrades and change orders, requested and agreed in writing< would change the original contract price. Cantrells Construction abandoned the project promoting my wife and I to retain legal counsel. We attempted mediation twice over 3 months but was ignored or received a late response to our request. We terminated the contract on 8aug 23 due to Job Abandonment, Negligence and Breach of Contract

  

  Business response

  01/10/2024

  *** *******, if there were anyway I could have built your home at a loss, and walked away to continue business I would have. Unfortunately, when we signed contract it was right before an incredible cost increase. The summer of 2021 market correction and inflation was the worst we have had in 40+years. The whole time you knew we were chasing the market after contract negotiations. We even created change orders at the very beginning to account for this market correction going from steel building to ICF. We spoke numerous times on what was happening with the market, and astronomical price increases in c oncrete along with all other materials. When we spoke of this you did not offer resolution nor did your bank with the projected 20%+ increase across the board. A renegotiation of contract would have been fair and ethical for both. Especially since I just put my home on the line to pay for yours. I feel you don’t see my side when I burry myself in debt to build, and pray you pay the bill for all overages that would have accumulated. The situation thrown on you as a customer, and myself as a contractor was not my wrong doing or yours. It was the unfortunate, and unexpected market correction on top of interest rate hikes that we have not seen in 40 years. Breaching contract was not an easy decision. All I have wanted to do is be successful with your build on top of others. I greatly apologize for the unbelievable series of events preventing us to continue the build, but could not send my business and family in bankruptcy.

  Thanks, ***** ********

  Customer response

  01/10/2024

  [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 Administratively Resolved]

   Complaint: ********

  I am rejecting this response because:

  **** ********, while your responses are very eloquently written, at the end of the day it was your delays, excuses and excuses for delays that ultimately ended in the termination of our contract due to job abandonment, breech of contract and illegally trying to force my wife and I to renegotiate our original contract. We were under no obligation to renegotiate the contract except under specific parameters such as upgrades or modifications agreed to in writing. This was not the case at any point after you cashed our initial draw. We acquiesced the point of converting  the build to ICF due to no additional cost associated with the change.

   According to one of your responses to our attorney, the facts and figures you provided dispelled the notion that the all of the increases came after the signed contract. Based on your provided figures, the contract would have still provided a profit had you maintained a reasonable timeline to complete by October 22 2023. Your delays, refusal to continue under the signed contract ultimate abandonment, outlined in our legal complaint that has been provided to you, is the reason our decision to  fire you was necessary. Your ineptitude, negligence and willful actions have had a profound impact upon our finances and our financial future. Should we run out the entire current mortgage, you and your company have cost us and additional $680,000 in expected mortgage interest and additional $238210 in increased actualized cost. After careful consideration and consultation with our attorney, a settlement in the amount of $238210 would be an acceptable settlement. Please let my attorneys know when we may expect the wire transfer and of cashiers check.

  Regards,

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

  

  Business response

  01/24/2024

  Sir with all due respect, how can you actually expect someone to go in the pour house building someone else’s dream. Our economy took a major shift and you denied any renegotiation when it was evident the effort we were making and things going on around us with the dramatic price increases. I specifically told you when signing contract I don’t finance builds to have funds in place. Not just the bank, but anything needed to push the build forward. When I began discussing concrete cost and steel cost increases you acknowledged stating the crazy increases in cost with your profession. This expecting a builder to build at a 30% loss on the job that was priced great with the current market when quoted on 3/12/21. Look at the statistics on the construction industry over the summer of 2021. You say I illegally attempted a renegotiation of contract….? Only makes sense why a business wouldn’t. I was reaching out for help, and being as transparent with you at all times! We passed inspections for plumbing and slab with everyone being paid. Literally discussed with your bank and you. Only thing offered was to get me further in debt while your house is being built. Tried to offer shorter finished walls for conditioned space to help offset cost… You refused wanting to keep 15’ walls all the way around. Definitely did not want to offer you wood frame or a carport building as replacement! Just for instance concrete at beginning of 2021 when quoted was $115-120/yard. When I was scrambling trying to work things with financing your home and brought up the conversation it was $180+/yard. That’s just concrete which is what the whole house was designed as. Approx 75-85 yards for the slab. Then another 60-70 yards for walls. So no compromise with wall heights to help save costs, no compromise or offer extended to  cover my overages when I showed proof of my HELOC in place move build along with out any from you or the bank. I just wanted reassurance I would ay least break even or better make a living. 

  Thanks, ***** ********

  Customer response

  01/24/2024

  [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 Administratively Resolved]

   Complaint: ********

  I am rejecting this response because:

  Regards,

  
  *** ********,
  Thank you for the reply, but again you have misrepresented the facts. Your chosen actions have brought us to this point. I will break down from a consumer side:
  1. Signed contract stating all costs included. Please refer to all communications to review this fact.
  2. You made repeated attempts to renegotiate the signed contract, going so far as to tell my lender they need to increase the loan amount for you to continue.
  3. You are not being accurate about my concessions at the start of the build. I can refer you to the finalized plans and the permit that was pulled. We originally wanted a full metal building but acquiesced to the ICF to help offset the costs.
  4. There was no indication by you that you would not work with our financing, actually supplying us with the basic information the bank needed to approve you as the building contractor. You were provided a draw schedule from our lender and again, no objection.
  5. You gladly accepted the first draw from our bank with no hesitation, understanding fully the contract stated the build would be completed within 12 months. 

  6. Your actions showed gross negligence and/or ineptitude at the very least, through the build portion of our contract. I was the one trying to keep this build on track by filing correct documents with the bank and county(NOC), working with building department to get the 2 inspections done, septic and form board. 

  Ultimately, your actions put this build at risk to the point where you were in breach of contract for job abandonment.
  We do not accept your response and especially the excuses you put forth. Again, you are the professional in this transaction. Your business license suggests that you have some level of understanding of the consumer building process. All I am asking is that you make us whole from our actualized incurred costs due to your breach of contract. 

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

  Customer response

  02/04/2024

  Better Business Bureau:

  The offer of Arbitration from the BBB will not fulfill the deficit ** **** ***** ******** has created by his own admission of Breach of Contract. We are filing a lawsuit to remedy our loss due to his negligence, nefarious business practices, job abandonment and theft of materials, and poor craftsmanship.I would like to reject the offer of Arbitration for complaint ID ********. Rejecting the offer of Arbitration will close this case.

  Sincerely,

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

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