ComplaintsforArbor Construction

• Initial Complaint

  11/30/2021

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We signed a contract with Arbor Construction on 06/03/2021 to design a new home within a specific budget of $600,000. Following the planning session and selection meetings in July, we requested an update on the estimated cost. Multiple requests were made for written cost updates, but were never acknowledged or received.A letter was sent to Arbor Construction on 09/23/2021 requesting written confirmation of a verbal price finally given by ************************* on September 20 of almost $800,000, almost $200,000 over the budget established. No written or verbal response was received.Failure of Arbor Construction to provide services as outlined in the PROJECT PLANNING AND DESIGN SERVICES AGREEMENT, signed on 06/03/2021.PHASE I of the agreement states: Arbor will deliver the plan set, less engineering, along with a refined cost to build, subject to the items in Phases II & III. Floor plan revisions were received. No refined costs to build were ever received.Despite repeated requests, verbally, by letter and by text, the documentation listed above was not received by 10/25/2021, 144 days after signing the agreement. No contract was ever delivered or signed for the construction of the new house.A demand letter was sent to Arbor Construction on 10/25/2021, requesting a refund of the $9150 paid as part of the agreement. No written or verbal response was received.On 10/27/2021, I sent a text to ***************************, owner and president of Arbor Construction requesting confirmation of receipt of my letter, and a brief conversation. He texted confirmation of receipt, but refused to have any conversation.No verbal or written response to my request for the $9150 refund has been received since 10/25/2021.

  Business response

  11/30/2021

  This is not the first attempt by Mr. ******** to recoup a refund for services provided.  The facts are not as he represents them and I will not go into detail disputing each point; however, I will state for the record that we did provide him with options to bring his project within his desired budget to which he rejected. We designed a custom home on his behalf, modified it as requested and cautioned him on the budget busters. He would like to have everything that he wants, but does not feel that he should have to pay for what he wants. His real estate agent and ours worked back and forth to secure the contract for the home to be built to which ******************** did not want to sign.  He was provided with detailed plans for the original home as designed as well as a redesigned home to which he rejected both. The first included everything that he asked for and more that was outside of what he wanted to pay.  The second was a modified version of the same, but with reductions to bring it into budget.  He would not settled for less and as such, he is in breach of our agreement. There are hours working with our Architects, Designers, and in house Sales team to work through an amicable agreement, all of which he rejected.  On Thursday, 11/4/2021, he stated that we were "95% of the way there..." and then proceeded to make two additional modifications, which further increased the sales price.  On 11/10/2021, after ******************** went silent on use, he contacted our Sales Representative and terminated the project.  I do not feel that a refund is due as we have lived up to our contractual obligation.

  Customer response

  12/03/2021

  I do not consider Arbor Construction to be dishonest or deceptive.  My issue as a customer is that they have poor communication and are very slow or non-responsive to requests for information.  I expected to receive regular, on-going updates on the cost of selections, and their effect on the established budget.  We signed an agreement on June 2nd for a design with a fixed budget.  I was never able to receive anything in writing that included costs or prices.  No responses to these requests were ever received until Sept 20. On Sept 20, I received a phone call stating that the house with all the selections was almost $200,00 over budget (verbal).  I sent a letter on Sept 23rd, requesting an updated price itemization in writing.  After 30 days of no response to the Sept 23rd letter, I sent a second letter dated Oct 25th asking Arbor Construction to stop all further efforts regarding the house, due to the lack any written price documentation that had been requested.  I asked for a refund of a $9150 deposit. I sent a text to the president of Arbor Construction on Oct 27, asking for confirmation of receipt of my letter and a brief conversation.  He texted confirmation of my text but refused to have any direct conversation.  No written response was ever received to my Sept 23 or Oct 25th letter. On Nov 1, I received an email from Arbor Construction with a file outlining a price and a list of specifications, the first since the agreement was signed on June 2nd.  Arbor Construction may be understaffed, over-committed on projects, or simply overwhelmed.  These may be possible explanations for their lack of communication during this project regarding the very important issue of cost. I was hoping that someone from Arbor Construction management would communicate and offer to find a fair and reasonable solution to the issue of the deposit.   In recognition that both parties have given time and effort during this process, I am hoping that we can find a reasonable compromise.

  Business response

  12/03/2021

  There was regular on-going communication between our in house Sales team, our Designers, and yes, I did receive the letters outlining their concerns. We modified the plans and spent additional hours above and beyond the agreement in place to attempt to satisfy ********************.  I don't believe there is any way that we could have satisfied him as he wants more than what he is willing to pay for.  We are in receipt of his demand letter and have looked over all of the correspondence.  At this point, we have had to pay our design team and architect to modify the plan set again for us to continue building the home that we would not have built were it not for his agreement.  ******************** was and is represented by a **** Estate Agent and we have worked with our agent and his to work through the details of the contract. We do not feel that we have violated our end of the agreement and thus, he is not entitled to a refund. 

  Customer response

  12/09/2021

   
  Complaint: 16191113
  
  Both parties feel strongly about their position.  We shall seek additional means to find a fair negotiated settlement.
  
  Sincerely,
  
  *******************************

  Business response

  12/09/2021

  Agreed.

  Customer response

  12/09/2021

   
  Complaint: 16191113
  
  Gentlemen,

  Will you please clarify your statement .... "Agreed"?    Arbor Construction provided some services, for which they should be compensated.  However, they did not communicate information promised in a clear and timely manner.  This led to misunderstanding and confusion over many months.  Since we are unable to move forward with our original agreement, I proposed that Arbor Construction return 50% of the deposit funds.  I believe this to be a fair and equitable solution for both parties.

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

  Business response

  12/09/2021

  I agree that you should pursue other means.  We provided what we agreed to over and above what was in the agreement. I have received all of your communications and am not going to be brow beaten.

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