ComplaintsforMakaira, LLC

• Initial Complaint

  08/11/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  On 12/11/23 I signed a contract with Makaira for a residential design project. The cost was $3,800 to be paid before the start of work. Makaira was paid $3,800 on 12/11/2023. Makaira began the work, but did not finish the work. Since 6/27/24 Makaira has been unresponsive. In June to July I attempted to contact them — 9 unique outreaches across text message, email, and phone calls with voicemails to 2 numbers. Makaira is not responding. See attached documentation of outreaches. I am seeking a refund for work not completed. Let me know if you have any questions, or if there is additional documentation it would be helpful for me to share. Reference: SOW attached. SOW outlines the 3 phases & deliverables committed. Of note: Firstly, you will see that Phase 3: Schematic Design is only to be entered upon customer approval of concepts developed during Phase 2: Concept Master Plan. Customer approval was never given. Secondly, I expressed to Makaira multiple times (verbal and written) our understanding is we were still in the process of developing the 1st of 2 concepts Makaira committed to per Phase 2: Concept Plan of the SOW. Attached is a copy of one of the emails where this was communicated. Reference: email sent to Makaira on 6/27/24 attached. This followed a 6/21/24 onsite meeting between *** (Owner), **** (Designer), ***** and ***** (****** husband). At this time we discussed our disappointment with Makaira’s work. The parties decided it would be best not cease working together. **** and ***** noted that since we would decide to stop working together before the project was complete, we would expect a refund for the portion of work not completed. *** asked that we discuss this later, as he didn’t want that conversation to happen in front of ****. ***** and **** agreed. This is when Makaira stopped responding, even though they were the ones who had requested we handle these final matters later.

  

  Business response

  08/12/2024

  **** and ****** engaged in a concept master plan package and that is what they received. The next step to continue with Makaira would be to engage into construction. We were willing to actually do additional work at no charge to get them to the next steps which is construction, but they chose not to do that. Up until that last meeting **** and ***** never expressed that they were not happy with all the work we had produced for a long period of time. We had always had a good relationship and back and forth in my opinion during the design process. We did complete the design portion of work per contract. We provided options in concept plans to concept master plan that was then put into schematic planning to price.  

  Customer response

  08/12/2024

  
  Complaint: 22119694
  
  I am rejecting this response because:
  
  I would encourage the business owner to review the complaint, as well as the attachments that reflect previous correspondences. There are more than a few portions of their response which are not factual. Three examples included below.  
  
  Example 1 - Business owner response states “We were willing to actually do additional work at no charge to get them to the next steps which is construction, but they chose not to do that.”  We discussed numerous things at an in-person meeting on June 21, as well as the fact that the customers and business owner would follow-up directly after the meeting without the company’s Designer at the meeting.  The customers’ made 9 attempts via phone, email, and text to reach the owner — none of those communications were responded to, and after 2+ months passing, that is what prompted the customers to file a BBB complaint.
  
  Example 2 - Business owner response states “Up until that last meeting **** and ***** never expressed that they were not happy with all the work we had produced for a long period of time.” Unfortunately, the business owner simple wasn’t listening or paying attention. Much of our disappointment was expressed verbally, but I will also point back to text messages and emails already provided as attachments as some examples of written communication that occurred before the June 21 meeting. For example, emails from May I state in a reply “Step 1 is getting a Concept in place. We've said this no less than 5 times already -- we will not be moving forward with any work until there is a plan in place. In order for there to be a plan in place, there has to be at least one solid concept in place. The first concept is not there yet.  Reminder per our Statement of work together, we paid for 2 Concepts so that we had 2 options of which to pick from before moving to the planning phase. A 2nd Concept hasn’t even been started on yet.  Again, let's please focus on the work at hand - which is creating a design that 1) meets our basic needs and 2) we love.”  Another example is a text message exchange from Feb where in response to the business owner asking me if we are ‘ready to sign up’, my response was: “… Certainly a fantastic iteration. When will there be any plans done on the kitchen portion of the back yard? Right now, there isn’t anything reflected on a kitchen. Since that was one of the top things we wanted to achieve with a refreshed back yard space, kinda hard to say we’d be ready to sign up with that very important-to-us part not yet in the plans…”.  Note: incorporating an outdoor kitchen, dining, and entertaining area was the main reason we engaged a landscape design firm.
  
  Example 3 - The business owners’ reply states “We did complete the design portion of work per contract. We provided options in concept plans to concept master plan that was then put into schematic planning to price.”.  I understand that the business owner and the customers may not agree on level of completeness of the work provided for Phase 2 (Concept Master Plan).  For us as the customers they fell very short of meeting the needs/ask, while they will show the pieces of papers they provided.  However, for Phase 3 (Schematic Design) it is stated in the contract that Phase can only be entered upon customer approval of concepts during Phase 2 (Concept Master Plan).  Since we as the customers never approved to move from Phase 2 to Phase 3 of the project, it is impossible for Phase 3 of the project to have even started — much less have been completed.

  
  Sincerely,
  
  **** ****

  

  Business response

  08/18/2024

  I realize you disagree with this so I am willing to discuss a refund but not the amount you listed as we produced everything in our contract. The hours spent and documents on our end are exactly what we produce for everyone and we have never been asked to refund any client in my 15 years of business. You can send back a response with an amount but it needs to be much less then what you listed. If i went off what is produced etc your number just isn't accurate for a refund. If we were to continue we would charge an additional $500 or $750 to produce another schematic drawing or even more for detailed outdoor kitchen drawings which is not in your contract in the first place. Grilling Area and Outdoor Kitchen are two totally different items. So i think to make you happy and us move on $750 is the most i am willing to refund even though we are not obligated too. 

  Customer response

  08/23/2024

  
  Complaint: 22119694
  
  I am rejecting this response because:
  

  We appreciated the business owner’s response. In search for middle ground, we would like to suggest a 1/3 refund of the $3,800 paid up front (equivalent to $1,266).  The rationale is that the work per the original Agreement was to have 3 phases: 1) Base Compilation, 2) Concept Master Plan (x2), 3) Schematic Design — and 1 of the 3 phases (Phase 3) was never entered. Per the Agreement, Phase 3 (Schematic Design) was to be entered upon customer approval of concepts during Phase 2 (Concept Master Plan) - customer approval was never provided, and thus Phase 3 of work never began.

  
  Sincerely,
  
  **** ****

• Initial Complaint

  06/20/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I hired Makaira to do a major landscape job in the spring of 2023. Initially had a couple of issues - sod not laid where I asked and laid sloppily - that were eventually addressed. But, some sod had to be back ordered and it took a while to come in. During that timeframe, the light poles that were installed began to lean, some pretty badly. I began contacting the company about the time the job was completed. I texted - they texted me that they would come out and fix the poles. The sod was installed, but no action has been taken on the poles. I have texted now for over a year. This month, I emailed the owner about the poles and a recent problem with my water feature - appears to have a bad leak. He replied that he would get me on their schedule. I followed up with several emails - no response from him - or anyone. This is not the customer service I expected from this company.

  

  Business response

  06/20/2024

  Hello, I was out the month of may for personal reasons and have reached out and met with Mrs. ***. We met onsite this morning and we have a plan to come set posts for lights again to straighten them out. We will also fix the leak in her fountain. She is aware we will do the posts first then send another crew to fix the fountain. This work will happen over the next few weeks which she was fine with.  

  Customer response

  06/20/2024

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID 21875449, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  ******* ***

*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. ↩