ComplaintsforGallagher & Henry

• Initial Complaint

  05/31/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  We contracted with G&H in May 2021, with a contract delivery date of December 2021. G&H missed the deadline, and despite outreach from us, kept us out of the loop on status on our home till they assigned us a close date of April 11. Unfortunately, several items were left unresolved, and continue to be, including: missing a cabinet door; no functioning driveway; land not ready for yard.What's more, G&H has been preparing homes set to close later than us for driveways, citing those need to be complete to close. This is extremely infuriating as we are unable to take our 9 month son out in our yard or have my elderly parents over because we live in a construction zone. We continue to get no responses from G&H with clear timing, and it has resulted in undue stress and anxiety for me as I have no idea how to plan my son's upcoming birthday party as a result of COVID. I spoke to someone at the office, who said this is out of their control and on their contractor, which also makes no sense. G&H has practiced fraudulent business practices in our mind because they kept saying things would get resolved ASAP, and we are now 2 months since being forced into a close date where they left several critical items outstanding. Hoping the BBB can help drive action as this is not acceptable. G&H has now refused to contact us on next steps, so we are at a loss.

  

  Business response

  06/13/2022

  The Johnsons did sign a contract with us in May 2021, with an estimated delivery date of December 17, 2021.  The contract does contain provisions for the delivery date to be extended due to certain circumstances.  Throughout the construction of the home, the Johnsons have had access to the property in addition to communication with the onsite sales manager.  They have also had frequent conversations with personnel in our office and their construction superintendent. 
  
  On March 7th the Johnsons were advised that their home should be ready to close around the middle to end of April and we received a response saying that We were really hoping for earlier.  We were able to provide them with a closing date of April 11th.  I do not believe that there is any evidence that the Johnsons were forced into a closing date. 
  
  We have explained on numerous occasions that there are several homeowners who have closed during the winter months of 2021 and early spring of this year, who have lived since that time with the same conditions that the Johnsons have.  These conditions do include a temporary stone driveway and walk, in order to provide access to and from the garage.  The Johnsons have been able to park their vehicles in their garage since the time of closing. 
  
  At a certain point in the Spring (and when weather permits),the municipalities require that the exterior work be completed on new construction, in order to close on a property.  That time began sometime in early May.  When this occurs, we do arrange to complete the exterior work on a particular home, if it is ready to be delivered.  However, we also have a separate schedule lined-up for the people who have lived in their homes since the winter.  We explained to the Johnsons that ONE home in their community received their concrete work in order to close; however, we then began having driveways installed for the people who have been waiting since winter.  We started with the people who closed in December 2021 and are working our way to the most current.  The Johnsons were most recently advised that they were number 3 on the list; and we provided them with the addresses of the 2 homes (in their community) that would receive driveways prior to theirs.  As of this writing, the Johnsons driveway is next on the schedule.  However, due to weather conditions, labor and material issues, we are unable to provide a specific date. 
  
  The Johnsons had an independent home inspection on 4/10 and were represented by an attorney, at their closing on 4/11.  There were no major or critical items that were outstanding; (see attached Summary page) and we would be happy to share the entire 75 page inspection report, upon request.
  
  We have responded to the Johnsons; however, they are not satisfied with our response.  It has been their position that although we have explained that we are providing them with the best information that is available; they have advised us that they have been compelled to become increasingly vocalSqueaky wheel gets the grease approach.  Just as we would not move jobs ahead of theirs; we also, will not move their home ahead of others.
  
  These are unprecedented times, we are challenged by material and labor shortages/difficulties, in addition to weather.  We are making every effort to be fair to all of our purchasers, which does not always align with expectations.
  
  It is important to know that the exterior work that the Johnsons are waiting for, begins with the installation of the concrete driveway and sidewalks.  There will be some wait time (in order for the concrete to property set), until the topsoil will be spread.  After that a survey is ordered and prepared.  It is then submitted to the Village for approval.  Upon approval,we send a request to our landscaper for the landscape work to be installed.
  
  As you can see, this is a multi-step process that involves other contractors, the municipality and other suppliers (in addition to being impacted by the weather); for whom we do not make their schedules.  Unfortunately, we are unable to provide dates or a timeline. 
  
  In addition to the Summary page from the inspectors report,we have attached copies of numerous email correspondence.  Once again we have been in communication with the Johnsons; however, we have been unable to provide them with the response that they are looking for.
  
  We adamantly deny any allegations of fraud; and consider such statements to be slanderous and defamatory.

  Customer response

  06/13/2022

   
  Complaint: 17294088
  
  Unfortunately, we feel compelled to reject this response.  The entire reason for our filing this complaint, our need to become increasingly vocal with Gallagher and Henry as we transparently communicated to them, and why we feel misled (at the very least), is because we were never (at least properly) informed that by pushing for an "early" closing (four months later than initially communicated)  would result in our property being deprioritized by Gallagher and Henry relative to properties that had not been closed at the time.  At no point in time did Gallagher and Henry indicate that by waiting an extra couple weeks that we would be able to receive our driveway weeks early and instead closed, moved, and paid for second mortgage at least a month longer than necessary.  It was our understanding from discussions with Gallagher and Henry employees that properties would be completed based on signing date, including being informed that our driveway would be completed after April 23rd which still hasn't been started ~2 months later.  Although we understand it's still after April 23rd and appreciate the fact that material and labor are challenges in these unprecedented times, the fact that Gallagher and Henry proceeded to complete a property down the street from us that was signed after ours and to this date and best of our knowledge remains unclosed and unoccupied is the basis for this complaint.  There are no intentions of being "slanderous and defamatory" in how we've portrayed our feelings and interpretations of these events, it is how we feel and have interpreted the outcome.

  
  Sincerely,
  
  ***********************

  

  Business response

  06/16/2022

  We feel that we have explained as much as we possibly can in our previous response.  As previously stated, the ********* exterior concrete flatwork was 'next on the schedule'.  As of the date of the ********* most recent response to your office (6/14) - *********************** wrote the following, in an email to our superintendent:  -

  ...."just wanted to let you know ***************** came by, and they advised they'll be back tomorrow (6/15) to finalize. Also, we saw a bit more topsoil delivered to our backyard today.
  
  If you have a moment to get back to us on the remaining outstanding items, we'd definitely appreciate it. 
  
  I hope the crew continues to stay safe this week in this horrendous heat. "

   

  As of yesterday (6/15) the concrete flat work was completed, as the ********* were advised by ******************'.  We will continue to complete the renaining items in accordance with our previous response.  Thank you    

  Customer response

  06/16/2022

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  ***********************

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