ComplaintsforDale Desmond Designs LLC

• Initial Complaint

  12/13/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  **** Desmond Design is a fraud home improvement contractor. He does not have any crew to perform home improvement work. He took the contract to build a kitchen addition at our house on June 24, 2022. Today is December 13, 2022, and after taking $115,974; he now says he cannot complete the work. Not even 40% of the work was done and he had taken 87% of the contract money. And now is walking off without completing the project; sent me spreadsheet asking me to complete the work on own. What I have is demolished the existing kitchen and a bare frame for the new kitchen. 6/24/2022$6,900 WF Check **** first advance money 7/15/2022$27,680 BOA Check 1247 - 2nd payment on the revised contract 9/10/2022$13,494 BOA Check **** - Addition to 2nd contract for extra charges 11/9/2022$9,900 Owner paid $9900 through PayPal to **** - Paid as per revised schedule 11/12/2022$5,000 Owner paid the advance to excavator 11/23/2022$17,000 Owner paid $17,000 just to continue the work so that concrete guy pours concrete 11/25/2022$16,000 Paid $16,000 for the rest of the concrete walls. 12/6/2022$20,000 Paid to **** ************ check 101 for continue the work 12/13/2022 **** walks off from the project; sends a spreadsheet with owner name for all tasks Total$115,974 Paid already out of total budget of $130,522, now a new budget as per revised contract $136770.2 He is citing health reason to not able to complete the project. Then he should return the money for the incomplete work that he has already taken.

  

  Business response

  12/14/2022

  Tell us why 
  Dale Desmond Designs LLC is a licensed fully insured, fully equipped contractor, and NOT, a fraud home improvement contractor.
  
  Before customer awarded me project, I disclosed to homeowner that while I **** Desmond am very experienced in most phases of commercial and residential design construction, *** LLC is a newly established business.
  
  
  To keep estimate competitive for this specific project, I explained to customer I am collaborative, diligent, and transparent in my approaching ideas to completing their project.
  
  I explained to customer, I am building a crew to execute their project, a teardown and rebuilding of a house on my own property, and for future customers.
  
  
  Customer uploads the original contract for their complaint, yet the contract we are presently working on is many iterations from the original contract.
  
  Customer neglects to point out that that we have two separate contracts for two separate projects on their property, and *** LLC is now alleging that the other contract customer blatantly breached.
  
  
  TO DALE DESMOND DESIGNS LLC HAS RECEIPTS AND HAS ALREADY PAID ON CUSTOMERS BEHALF WITH NO OVERHEAD PROFIT:
  $10,000.00 to Excavator.
  $33,000.00 to Foundation Contractor
  $20,000.00 to Structural Engineer/Architectural Renderings
  $15,000.00 to installed and still on ground onsite materials
  $15,000.00 to labor up to this point
  $1,000.00 to dumpster
  $1,000.00 to outside toilet
  $1,000.00 to shoring company rental
  
  $1,000.00 to insurance and bond
  
  
  $1,000.00 to obtain town of Milford Building Permit
  
  $15,000.00 unfortunately because it was fraudulently paid to T.., who is one of the *** LLC crew members who customer fails to acknowledge in their ******************** complaint.
  
  *** LLC hired T.., specifically for the other contract performance needed for installing pavers on the lesser contract, and excavations for the kitchen addition, so for both contracts.
  
  When T..., approached me for a job, he disclosed to me, with his vale of tears, home life issues, with a young child, and his GF who suffers from a terminal disease.
  
  T..., was able to utilize this plight to me for about a month via working at a very slow pace because I was not on jobsite while he was working and pilfering from me. At the same time while customer was home observing T..., pilfering from me, customer decided to act in collusion, and so without even telling me first, unilaterally hired T..., to perform an entirely different project at their front yard. BTW customer also did that with the excavator.
  
  
  As it turned out, I fired T..., yet however, the customer still retained T..., and then later I assume fired T..., because the front yard work remains incomplete.
  
  As of this response time, Dale Desmond Designs LLC has not walks off from the project. As a matter of fact, only ******************************** on my cell phone, and instructed me to have my crew (that he claims does not exist), there at project location this morning, along with the licensed electrician, and the licensed plumber.
  
  Customer filed this complaint because they are upset about an artificial deadline as it relates to our most recent signed and acted on contract.
  
  I have never cited health problems to customer, or to anyone, as I do not suffer from any unusual health problems. Yes, I hobble with a cane, but this is the first time I have heard, or read their thoughts as it relates. As a matter of fact, I find customer writing this ******************** lie as a defamation of my character.
  
  I am now assuming that customer is attempting to use this forum, in a sneaky underhanded way to perhaps throw me off the project without a due cause.
  
  Yes, the journey from the beginning to this point has taken a more meandering course. I will contest that this project is a lot closer to being completed that customer comprehends. I myself am a carpenter, drywaller, tile installer, and various related. I have been assembling a very talented crew, plus myself and a few laborers for customers project, as well as for future customers.
  
  Finally, for now, if there are any prospective customers reading this complaint, and realizes how bogus it is, please call me to schedule an estimate. If you need, and I can afford it, I will not take a deposit to start your job and complete some satisfactory work for you before you pay me.
  
  Thank You
  **** Desmond...

  Customer response

  12/17/2022

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  Response to the reply that **** provided:
  **** has his license, but he does not have any work crew. He is posting messages on ********** and other sources to get resources to work.Now coming to this complaint

  There are two contracts, one for this kitchen addition and the other for outdoor kitchen patio. Both are incomplete.The dispute I put here for is the Kitchen addition where he has already taken $115,974.As for the other contract for outdoor kitchen patio, I have already paid $10,800 (+ another $1900 for granite bench bought by owner), and work is not complete in six months. So, **** has been paid $126,774 till now for both the projects. $115,974 paid for the Kitchen addition project (budget of $136,770.2) and $10,800 (+$1900 for granite slab) paid for the outdoor kitchen paver patio work (budget of $15,300).

  
  **** gives accounts of only $97,000 here in response. He says he lost $15,000 to someone named ***. Why should the homeowner pay for his mistakes.**** also says he paid the structural engineer $20,000 for the design. That got to be a joke, design for a Kitchen addition costing $20,000. So, I contacted the structural engineer, he did not disclose the actual amount, but said his fees were nowhere near that amount.

  
  **** says he is not walking off from the project. But to the contrary, he sent a text message with an excel putting the owner as person responsible to complete the rest of the work. Also, I have my home surveillance video of him telling my wife that he is handing this over to homeowner and paying for rest work is homeowners responsibility
  **** says that he is coming with a plumber and electrician on 12/14. But the homeowner arranged for the plumber and electrician promising them to pay by himself. **** did not arrange that.

  
  **** says complaint filed due to artificial deadline.But **** has updated the contract multiple times with completion dates, and then kept on sending different spreadsheets multiple times changing the timelines. I have all the details of text messages and spreadsheets sent to me on my phone, with his false promises which will be placed as evidence. The contract was signed first on June 24 with the advance of $6,900. And the homeowner has been telling **** for months that he and his family should not suffer in winter. And now after 6 months the work is not done, three times rainwater got into the existing basement due to incomplete work.**** first gave the completion date of Labor Day, and when that did not happen, he gave a new date to complete by Nov 04, then moved the date to Nov 24. We already told him that Dec 16 is my daughters 16th birthday and its the last birthday at home for her before she moves out for college, and we need the kitchen done before Dec 16. I have several text messages from **** saying he will get it done. And now on Dec 16, what I have barren room, no kitchen and my daughter is going have a memorable 18th birthday, thanks to **** in a torn house.
  In fact, I have a written contract sent by **** on 10/24/2022 where he mentioned that as a homeowner, I can deduct $5000 from final payment if **** cannot complete the project on November 24, 2022. I have attached the contract here.

  
  **** says in response I am now assuming that customer is attempting to use this forum, in a sneaky underhanded way to perhaps throw me off the project without a due cause.But I have documented evidence, video surveillance recording of my house, text message that he sent on 12/13/2022 with spreadsheet saying owner is responsible for the rest of the project.

  
  I do not accept this response, and will produce all evidence needed.  
  
  Resolution:
  **** and Homeowner had a discussion on 12/15/2022 night and following points were agreed:
  1. As the General Contractor for the project, **** has been paid in full for the project management charges and he will continue to interact with town and get necessary inspections done on time
  2. The homeowner had taken responsibility of the remaining framing, roofing, electrical, plumbing, Kitchen cabinets and Counter Top work, and **** will not be paid any more from the remaining contract budget of $20,000
  3. **** will complete the followings
  a)The kitchen floor laying wood, sanding, and staining
  b)Construct the Deck on the top of the roof
  c)Construct the stairs to the deck on the *********)Complete the bulkhead
  e)Complete the cinder block wall on the basement
  f)Smoothening of the first-floor ceilings materials to be provided by the owner
  The homeowner will pay $5000 (requested by ****) upon completion of the tasks mentioned above. Unless **** completes tasks agreed in our discussion on 12/15/2022, this dispute will not be closed. The homeowner has documentary evidence as well as recording of the home video surveillance which **** is aware of.  
  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  **********

   

   

  

  Business response

  12/20/2022

  Please see and read attachment PDF to learn the details of my complaint response. Please let me know as soon as possible if there is an issue. 

   

  Thank You

  **** Desmond

  Customer response

  12/24/2022

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  [You must provide details of why you are not satisfied with this resolution.  If you do not enter a reason for your rejection, your complaint will be closed as Answered.]

  
  

  Response to **** Desmond statement about illness

  On 12/13/2022 ******************************* walked into my house and told my wife that **** and ***** will continue to work on the project, and we have to pay them, right in front of **** and *****. When my wife said that **** has taken $115,974 so far, he started shouting that he had to spend all that money on the work. He told **** and ***** there that he could not continue due to his health.  When he started shouting at my wife, my video surveillance alerted, and I immediately called my wife. Ill not retract my statement as I have witness and evidence.

  Response to Dales answer 1

  **** Desmond misrepresented, committed things he does not have capability to deliver on multiple occasions. Just because someone has a contractor license does not mean he has the capability to deliver. My bad I did not ask for references when I signed the contract. But afterwards when **** took $48,074 as advance, nothing was happening for 3 months, I asked for 3 references where he had done similar projects, he could not give me any. But by that time, I had already paid 37% of the project money, I was hooked and had to wait for him to start the work.

  He says his crew worked on December 19, 2022, with photos.But the photo he showed was from December 15, when his 2 resources just lingering around while **** and ***** were doing the work.   When **** walked out of the project on December 13, I had to discuss with **** and ***** how to save the house from looming rain and snow and had to pay them to continue the work and put the roof and walls.

  Being deceptive and lying to the customer is the definition of fraud. 

   Response to Dales answer 2

  **** was sending spreadsheets every day to me through text messages. I have several spreadsheets and his crew name keeps changing very frequently. Not my concern if the work is getting done, but workers he got one day contradicts the work done by his workers before. Usually, such general contractors have their own framing crew, plumber, electrician etc. **** does not have any. He was struggling to get the plumber and electrician on time and the homeowner had to intervene.

  Response to Dales answer 3

  These two are separate. The contract for the patio pavers and bench was $15,300 and for six months **** could not complete that. He is complaining that the homeowner stole his crew. How can a homeowner steal his crew.  Homeowner is not in construction business and is an IT professional. So, what does the homeowner gain from stealing crew from ****. This is the most frivolous attack in deceptive form. **** says the customer breached both contracts. How did the customer breach the contracts when he was the one changing the contracts all the time, sending it to the customer asking for more money upfront.

  Response to Dales answer 4 - $115,974.00 paid to **** till date for the Kitchen addition contract

  **** says he has been paying his crew till 12/19/2022. He can pay his own crew anytime, but the work he accomplished does not commensurate with the money $115,974 he was paid.

   Response to Dales answer 5 outdoor patio

  First, this was not a part of the original complaint. But **** brought it into this. This is a separate contract in 2 parts Part 1 was for $6,300 for getting the ground prepared for the pavers, getting the cinder block laid for the bench and getting them ready for tiling and granite bench.This part was completed by ****, and he was paid in full.

   The second part of the contract was for $9000 - $4500 for laying pavers and $4500 for tiling the cinder block walls and putting granite bench. $4500 for this part of the project was already paid to ****.  **** was incomplete for both. He did not complete laying the pavers, its been more than 4 months. Since winter is coming, tiling cannot be done, granite cannot be set in such cold, I told **** multiple times to stop this project, Ill do it myself. He should concentrate on the Kitchen Addition which is the biggest priority. And that is why I am not bringing this pavers and granite bench project to this complaint. So **** also should not talk about that.

  Response to Dales answers 6

  Dales reasoning for separate contract is meaningless. These are two separate works, nowhere related to each other. One is a new kitchen addition to house with added basement and a roof deck, which **** gave his final contract amount as $136,770.20

  The other one is an outdoor paver patio with granite bench.Why should someone have one contract for both this work. This is not a grocery shopping where you bill apples and oranges together.

  Also, this is a contract dispute. **** has no right to talk about my marital status and use words like Hypergamy

   Response to Dales answer 7

  He says $15,000 cost because customer breached the contract,and he lost $14,000 due to the act of customer. What customer act caused those losses and what constituted customer breach of contract? If contract was breached, it is ******************************* who violated the contract multiple times by asking for more money upfront than what is stipulated by the *****************************.

  Also, **** says I have no right to contact the structural engineer. If **** is genuinely working as general contractor for the years he says, then he should very well know that the engineering drawing done by the structural engineer put my home address and I have every right to know what he planned for my house, more importantly after my general contractor left the project.

  Response to Dales answer 8

  **** Desmond said that

  *** LLC has not walked off the project. The customer has been and has finally succeeded at constructively breaching our contract. I recently sent the Excel spreadsheet text in question to the customer to inform them that the Town of Milford Building Permit Application, and Request for Occupancy Permit, to execute the kitchen addition project as required by the signed contract, and within the laws of *************, is in fact, legally in the customers name. My point was and is that the customer has the ultimate final decision as to who performs the work on their project. The obligations stated in the *** LLC and Customers contract, is independent and is not the same as the Town of Milfords Building Permit. The Town of Milford has customer listed as the building application supervisor. Excel Spreadsheet schedule was created by me and utilized for the customer references to know the punch list agenda for getting an occupancy permit as of that date. At that date, I realized customer is at their final stage for anticipatory breach of contract,and I was attempting to mitigate the obvious outcome by sharing with the customer the punch list plan

  Any sane person when reading the contract will find the deception here in the paragraph above written by ****. As a general contractor,he was paid the money and it was his responsibility to bring the project to completion. The contract clearly states the activities as **** shall perform this. And by his own words, if owner needs to get the necessary inspection done, owner need to choose who will perform the work, then what is **** doing as general contractor.

  He is saying customer breaching the contract, can he point out clearly where customer breached the contract. I can point out multiple instances where he breached the contract

  1.      **** has changed the payment schedule multiple times, asking for money in advance way higher than ***************************** prescribes for advanced payment. 

  2.      **** Refusing to pay the excavation person and concrete contractor. Concrete contractor sent me a threatening text message when **** did not pay him in spite of **** getting the money from me.

  3.      Changing the project schedule multiple times since September.

          The list can go on. 

          Response to Dales answer 9

  **** showed an email here he sent to the plumber on 12/13/2022 asking the plumber to come over. The framing work had been pending since Thursday 12/8/2022 as it needed a plumber to divert the pipe for framing to continue. And **** was told by the workers that they cannot proceed, then why did he not contact the plumber for 5 days. When you know you need the person to come and work on the next morning, in this kind of construction work do you rely on email? Does it warrant a phone call to plumber. **** never called the plumber. This showed how much importance he has given to this project.  With this winter, and rain; I already had rainwater getting into my existing basement three times; and **** did not give importance to the concerns of the homeowner.

  **** said customer had undermined the *** LLC relationship with their plumber and electrician. But on the contrary both the plumber and electrician he mentioned here do not even know him. I called the plumber right in front of **** and put him on the speaker phone, and he said he did not know ****. So what relationship **** is talking about here.  

  Response Dales answer 10

  **** says there was never a time essence contract here.  This itself is a violation of HIC by **** as ***************************** stipulates all contract to have a start date and end date.

  Also, I have several text messages and emails stating why we need it for Thanksgiving dinner. And when that did not happen, I had to cancel the thanksgiving dinner. Then we told **** my daughters 18^thbirthday on Dec 16, which will be last birthday with us before she leaves home for higher education. And of course, he disregarded that too.

    

  Response to Dales answer 11

  **** says that I can prove that the text messages customer is referencing are not evidence on customers behalf. To the contrary,customer committed anticipatory breaches because the contracts has only been changed or updated to reflect the customers desires, or my being forced to change or modify the payment structure because of unequitable practices

  All the contract changes that **** kept on sending were changes to the payment schedule asking for more money upfront. And I had to respond back to him multiple times that I did not agree to such payment schedule changes. Who as a homeowner in his right mind will ask the contractor to make changes to the contract to pay more money upfront. This is completely baseless. Ill attach all contract changes, and it is evident those changes were asking for money upfront.

   Response to Dales answer 12

  With regards to the rainwater getting into my existing basement, show utter disregard from the general contractor **** Desmond to the priority of the project and how to execute the project without affecting the safety of the occupants. Talking about insurance is meaningless as that was after the fact. If he had acted on time, got the project done on time, we would not have these issues.

  Response to Dales answer 13

  Why did **** removed the cabinets and started the demolition of exiting kitchen cabinets when he knew he would not complete the project.When he abandoned the project, all upper cabinets and doors of the lower cabinets of the existing kitchen were removed. I have attached here the picture of the torn kitchen.

  Response to Dales answer 14

  Yes, I rejected the unilaterally changed contract sent to us 10/24/2022 because as per that contract **** wanted another $41,174 payment making it a total of $89,248. Who in their right mind would have paid 75% of the total project budget even before the actual groundwork started. Please note that the digging for the foundation started on 11/12/2022, and **** wanted to take a total payment of $89,248 ($48,074 taken before and asked for additional $41,174) even before that. Asking for such % money as advance of the work itself is violation of commonwealth HIC laws.

  Response to Dales answer 15

  **** says customers reply here is chaotic. The reality is that his responses were without any logic and reasoning. No customer in their right mind will jeopardize their project and pay more money to get it complete.The reality is **** Desmond never worked in a timely manner and never had any intention of completing the project. I have given the complete sequence of events as an attachment in my original complaint.  The final contract with **** on 11/22/2022 included additional project management amount of $6248.20 for **** with a total contract value of $136,770.20.  Out of that I have paid $115,974.00.  So there was only $20,796.20 left in the contract budget to be paid.  But as of date after **** abandoned the project, the work remaining would cost me more than $60,000. So, anyone in their right mind can see that as homeowner I have no reason to fire the contractor and lose such amount of money at this stage.

  Response to Dales answer 16

  **** Desmond came to my house on the evening of Dec 15, and once again I tried to resolve this amicably. We discussed and I agreed to pay directly for lot of activities, and **** agreed to complete the tasks listed for him. Following was the outcome of that discussion -

  A-     As the General Contractor for the project, **** has been paid in full for the project management charges and he will continue to interact with the town and get necessary inspections done on time.

  B-     The homeowner had taken responsibility of the remaining framing, roofing, electrical, plumbing, Kitchen cabinets and Countertop work, and **** will not be paid any more from the remaining contract budget of $20,000

  C-      **** will complete the followings

  The kitchen floor laying wood, sanding,and staining

  - Construct the Deck on the top of the roof

  - Construct the stairs to the deck on the roof.

  - Complete the bulkhead G- Complete the cinder block wall on the basement

  - Smoothening of the first-floor ceilings materials to be provided by the owner

   The homeowner will pay $5000 (requested by ****) upon completion of the tasks mentioned above.Please note that the $5000 will be paid only when **** completes the tasks. I never agreed to pay him $2500 upfront without starting the tasks.

  **** called me on 12/19/2022 afternoon, asking for $2500.Again, I told him that I agreed for another $5000 as a goodwill and Ill pay him only when gets the work done. There is no breach of contract in this.

  And after that **** completely abandoned the project. 

   Response to Dales last comment:

  **** said in his response 70%-78% of work is ************** evaluate this objectively. The contract was for a Kitchen addition with basement foundation with opening of existing interior wall, with kitchen cabinets, island, countertop, basement bulkhead and a flat roof with a deck.

  Now what is complete

  1.       1. Basement foundation is complete

  2.       2. Kitchen structure When **** left the project One side wall, one LVL and only the plywood portion of the roof was done.

  Now the work that is remaining-

  1.       1. Completing all the walls and insulation

  2.       2. Completing the flat deck roof   - I paid $5000 for material and labor to get that done

  3.       3. Compete plumbing work

  4.       4. Complete electrical work

  5.       5. Building all kitchen cabinets and island and installing them

  6.       6. Installing quartz countertop

  7.       7. Demolishing interior walls and installing the interior LVL

  8.       8. Completing the ceiling

  9.       9. Building the deck on the roof

  10.   10. Installing the bulkhead

          Looking at this, anyone can tell whether 70% work is complete as **** said or 70% work is remaining.  So ****** statement of 70-78% completion of project is false. 

  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  **********

   

   

  

  Business response

  03/02/2023

  Please see PDF attachment pages **** Dale Desmond Designs LLC responses to thiscomplaint. Thank you!

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