ComplaintsforApex Energy Solutions Kansas City

• Initial Complaint

  06/02/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Contract for windows signed on 9/28/2020. On 3/26/21 installation was completed. On the afternoon of 3/26/21 I reached out by email, text, and phone with concerns of the work done in our home. On 3/27/21 Pat came to our home to review concerns (exposed nails, unlevel windows, damaged window frames, cosmetic concerns, oil on carpets, damage to walls, debris all over the floors). Pat reassured us that the repairs would be done, and that $140 cleaning fee would be removed. On 4/13repairs were started, and replacement parts were ordered. On 8/3 a warranty company arrived but the wrong parts had been ordered by Apex. On 8/25/21 I reached out again for a status of completion. On 4/8/22 Jacob came out, reviewed current concerns, and ordered broken door frame to new door. On 5/11/22 Jay states that the door frame is in and would like to discuss install and final bill. On 5/12/22 I spoke with Jay, voiced frustrations with process, length of project, and poor quality of install. Jay expressed concern with our experience and stated that he was making it right and the installers were no longer working for him. I requested the following 1. Copy of warranty info 2. Satisfaction survey 3. Final invoice with $140 reduction of cleaning fee. Jay agreed to these items and the door install was scheduled for 6/2. On 6/1 I reached out to Jay to get a copy of the final invoice to have check ready at install. Jay states that to install the door frame we will need to give a 5 star google rating and sign a non-disparagement. I declined to provide the review or sign the form. Jay then stated that he would not require the google review but would require the form to be signed. I again declined and asked for the door frame to be replaced as discussed on 4/8 & 5/12. Jay states that he will not install the door frame without the form being signed. Today no one arrived to install the door frame and I received an invoice for the total amount without the cleaning fee removed.

  

  Business response

  06/02/2022

  Mrs. ****** placed her initial installation of windows during the height of the pandemic. During this time (end of 2020 through spring of 2022) all manufacturing facilities were at peak order requests with half of the labor force. Our lead times were continually shifting and changing. Mrs. ****** was responded to in a timely manner each time she checked in and wanted to get updates which we provided everything we had been given from manufacturing. Each time Mrs. ****** reached out she was fairly demanding and rude to our staff because we didn't have the right answer of her product was in and ready for installation. During the time we were waiting to install her project we also had 3 weeks of ice storms in Kansas City in February of 2021 where we could not do any safe installations. Mrs. ****** was not understanding of the conditions and we were already seeing the signs that no matter what type of work we did it was not going to be satisfactory.

  Our Senior Master Installer Patrick Kloiber did go out to the ****** household to do an inspection on her initial installation in March of 2021. Our goal is to do a high level of service. There were some areas that could have been a little cleaner but nothing that was outrageous or that could have put the ****** family in any harms way. We also had a few parts that needed to be reordered due to manufacturing issues that were out of our control. We notated every issue we saw and got the necessary items on reorder from the manufacturer. Patrick then stated that we would discuss covering some of the cleaning around a few openings but not an entire house cleaning as the ******'s were also having a bathroom remodeled at the same time and had an already dirty basement with exposed pink insulation coming from an uncovered ceiling tile and a hose from a vent that was blowing debris into the room as well. 

  Per the contract Section E, we have with our homeowners if there are additional items that need to be touched up must be submitted to us in writing and we were never made aware of anything additional that we didn't already document. It also states that at the time of installation if there are additional items the homeowner can withhold no more than 10% which was never submitted to us per the contract. In essence, Mrs. ****** has had a $13,500.00 interest free loan for over a year. 

  When Patrick was in the ****** home he inspected every door and window. He also took a photograph of her door that she later claims was damaged. At the time of install and when Patrick was out there the door was not damaged. Mrs. ****** later came back and tried to claim it was damaged by our crews but the current condition clearly shows a dolly or some sort of heavy object went over the door that was too heavy and dented the frame. 

  Once we had all of the needed parts back in we sent our crews back out. As with a lot of parts in the industry some took longer than others but we tried to get everything in as quickly as possible. Each time we came back there seemed to be something "new" Mrs. ****** did not like or wanted "fixed". These were items we did not want to argue about and decided to appease her and get something new ordered for. This is the reason the final final installation dragged out til April. 

  When Mrs. ****** and I (Jay ********) spoke on the phone I let her know her door frame was not covered by warranty because it was not damaged by us. I let her know that we would pay for that for her due to the length of her installation and parts not being ($1500 worth of labor and materials she would have had to come up with out of pocket) in exchange for her not going online and leaving us a negative review because we were wanting to make everything right. At this point I have already spent an additional $2000 in service fees for items that were installed and operating properly to factory tolerance that we went ahead and fixed for her. 

  Nobody in the construction industry desires for a homeowner to be delayed. We have experienced a huge burden over the last 2 years with items that are way out of our control. We ALWAYS rectified any issues no matter what it takes and we have done that with Mrs. ******. She has a top 1% performing product she paid the least amount for than all of our competitors. I am more than happy to discuss this further if needed 816-379-9911. 

  Customer response

  06/02/2022

  [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 Assumed Answered]
  
  Complaint: ********
  
  I am rejecting this response because:

  We are declining the response from Jay/Apex because the information provided is false and Apex has not agreed to our resolution items.  We expressed significant concerns with the status of our project immediately via text, phone call, and email.  The concerns were clearly documented the following day when Pat arrived to our home.  I have attached photos of my daughters nursery to show the extent of cleaning concerns, this was throughout our home.  The repairs stalled due to ordering time, manufacturing delays, crew arriving without a ladder, crew arriving without proper equipment, crew finding additional concerns but not having a car to go buy the needed supplies.  We reached out to Pat and the Apex team on several occasions voicing concerns with the repairs and that the team was not communicating with each other.  Each person that arrived to our home would ask why they were there and what needed to be fixed, we pleaded that we were not window installers and to review the notes.  We were continuously told that there were no notes and we would walk them through our home to show them our concerns.  We requested Jay come to our home to see how bad things were but we were told he was too busy.  On 12/6/2021, in the middle of waiting for the crew to return to complete the work we were emailed an invoice.  I immediately called Jay to discuss the invoice, he told me that he was mistaken and that he thought out project was complete.  He agreed to send someone back out to finish.  When a team lead finally came to our home we walked the house with him and discussed concerns that our new sliding door frame was cracked after only a few uses, he confirmed he would take care or it and get a new one ordered.  Despite the months ticking by and the ongoing concerns we raised we were reassured that they were working to fix all of the problems and that the crew that installed our windows were no longer working for them.  Work continued on our home and additional problems were found when cosmetic repairs were being made.  When the trim piece was removed the crew discovered that the installation crew failed to consistently insulate our windows and it required additional repair.  On 5/11/22 I received an email that our door frame had arrived and we could discuss final payment.  I spoke to him on the phone on 5/12/22 and confirmed that he would honor the cleaning fee deduction of $140 previously suggested by Pat the day following our install and that at the time of install I would provide final payment via check to the crew on site.  I scheduled our install for 6/2/22 and on 6/1/22 I reached out to Jay again for a copy of the final invoice to include with the payment.  At that time, the day before completion Jay responded via email that he would only send the crew to install our door frame if I gave him a 5 star google review and signed a non-disparagement form.  This was a new request that was never discussed and when I refused to sign it, Jay stated that the cleaning fee and door frame would no longer be provided.  Payment has never been withheld from Apex and the check was ready for final payment today per our 5/11/22 conversation before Jay threatened the google review.
  
  Regards,
  
  ****** ******

  

  Business response

  06/08/2022

  Throughout the entirety of Apex's installation of the ****** window project we have had our crews out to do the repairs that were required. Each time Mrs. ****** emailed or called in regards to the status of her project she was given a response. I have email trails that go back to before her project was installed. Mrs. ****** was already showing signs of frustration before we even began installation before her installation began for things (manufacturing lead times during a pandemic and 3 weeks of below safe conditions for workers to work) outside of Apex's control. The contract clearly states in Section E that the homeowner must submit in writing any punch list items and submit them to Apex after the installation. Our installers and service teams always ask more questions when they are out on the job to make sure they are shown the exact places in a home as written instructions may not always translate to tell them exact locations. This prevents any confusion on what needs to be done. A lack of providing in writing a detailed punch list of her expectations and punch list items allowed for Mrs. ****** to add more items each time we would go out. We have fixed all the items and done all clean up needed to make her job prestine and complete. I can have our head of services who's job it is to do after job items if needed testify what all was done. On the phone I clarified with Mrs. ****** as I also indicated in an email that we need to discuss her final payment and her door. The door was not damaged as a result of Apex installation or service being done. I relayed that to Mrs. ****** over the phone. We have photographs of the condition Pat our head of installation last saw of it before the claim on the door damage was made. As of today 6-8-2022 we have not received any additional payment as is stated in the original contract Section E. We have not applied the 12% daily interest as we have wanted to make this amicable. We have done everything we were contracted to do. Thank you. 

  Customer response

  06/09/2022

  [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 Assumed Answered]
  
  Complaint: ********
  
  I am rejecting this response because:

  We continue to decline the responses given by Jay ******** and the Apex team as additional false information continues to be shared and Jay continues to deflect attention from the services and quality provided by his company under his direction and supervision.
  We quickly identified concerns with this company days after signing our contract as each person we interacted with gave different information and timelines.  This caused us to move additional contractors around to accommodate the changing timeframes given.  Communication was very infrequent despite reaching out multiple times to get more information.  We were due to have our 3rd baby at the time of our install and we needed a plan with Apex.  To note, during our install our baby was 3 weeks old, and I was home recovering.  A detailed list was provided by Apex to Jay in writing on 3/27/2021 by Pat, Apex employee with additional photos.  It was at that visit that Pat told us he would take care of the additional cleaning and he would ensure things were made right.  No deviations were made from the list made on 3/27/2021 and many of the items on the list were identified by Pat as he looked at the install and operation of each window.  As we navigated nearly 15 months of repairs, we expressed concerns multiple times that the Apex team would arrive to our home, and no one had a list or information about what they were to do.  Each time we were asked what they needed to do, and we did our best to show them the areas of concern.  We repeatedly asked the onsite team, Jay ********, and the office staff over the phone to provide better communication to the Apex team as we are not window installers, and we cannot see all the problems that were identified by Pat on 3/27/2021.  We continued to escalate the visual concerns with the caulking, exposed screws, pieces falling off throughout each visit.  During the last onsite visit, they finally addressed the concerns with the caulking and when the trim was removed the Apex team member quickly recognized additional concerns and negligence during our install from a year prior and that the window did not have proper insulation.  It is at that time that Jake, Apex team lead was called to our home to bring the correct product to fix the incorrect install as the Apex employee at our home did not have the supplies needed or a vehicle.  During Jakes visit he walked our home and discussed the cracked sliding door frame where he responded, we can take care of that, I will get the part ordered.  Again, there was never accusations that Apex damaged the door frame, only that we had concerns that it was cracked after such minimal use.  It was our hope that this project was finally ending. 
  Each time I spoke to Jay ******** on the phone regarding our experience he would never apologize for our experience, or the poor work done to our home.  He never addressed the behavior of his install team fraudulently completing a satisfaction survey on our behalf.  Our conversations for final install of the door frame with final payment were cordial on 5/12/2022 and no additional information was asked of us.  Again, it is not until the day before our final install that I reached out to Jay for a copy of the final invoice that I was threatened with a non-disparagement form and a 5 star google rating if we wanted him to finish the project we had waited 15 months for completion.  Once I declined to sign the form or give him a fake review, he no longer would offer the items discussed throughout our install of the cleaning fee and door frame.  Jay ******** has done nothing to acknowledge the experience we have had, the length this project has gone to get resolution, the damage to our home, or his own behavior.  He has continued to deflect his company’s shortfalls to problems with the homeowner as if our experience has been what was promised.  Unfortunately, we are not the only one voicing these concerns as nearly identical reviews are posted about Jay and the Apex team online.
  In response to final payment, a bank issue check was ready for the Apex team on 6/2/2022 per our conversation on 5/12/2022 but when Jay abruptly threatened us with a fake review and non-disparagement form and would no longer provide the cleaning credit and door frame. Final invoice was sent to us on 6/2/2022, albeit an incorrect amount.  I communicated with Jay on 6/2/2022 that a payment would be sent.  A payment was authorized from our bank to the Apex team on 6/6/2022 (2 business days later) check number 7092 and 7091.  As communicated in writing with Jay on 6/2/2022 we withheld a small amount, within the contractual limits as we worked with the BBB for additional support and that upon closure of this complaint, we would promptly send the additional amount.
  
  Regards,
  
  ****** ******

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