ComplaintsforCustom Construction II

• Initial Complaint

  05/06/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  On March of 2021, Mr. Brandon A***** of Custom Construction II, * **** **** ******* *** ***** and my husband, ******** *********** and I, signed a contract to build a house on **** ********* ***, Roswell, NM 88201. In August/September of 2021, Mr. A***** gave us a contract for solar panels installation on this house. Mr. A***** hired Mr. T******* to install the panels. We made the first payment of $17,792.49 towards the solar panel installation on 10.06.2021 to Custom Construction. The second payment of $541.46 was made on 08.31.2022. The panels were installed in October 2022 by Mr. ******* T*******. The panels did not work correctly, so I spoke with Mr. ***** ******, the Electrical Inspector, Department of Inspections, City of Roswell, NM. Mr. ****** said that no permit was issued to install the solar panels because nobody applied for the permit. Also, Mr. ****** said that the panels were not installed in accordance with proper procedure and specifications. So, he ordered the panels to be removed. The panels were removed in November/December of 2022. The panels are now in our garage. I checked Mr. T*******’s credentials and he does not possess the required credentials to install solar panels or to work as an electrician in the state of New Mexico. Mr. A***** himself does not have the required credentials to install solar panels either. It was confirmed by Ms. ** ******** ********, Law Clerk, Office of the Superintendent, Santa Fe, NM, ***************- ********@rld.nm.gov / *************** ###-###-####; ###-###-####. We requested Mr. A***** to return the sum of $18,333.95, since the solar panels are not installed, on numerous occasions. He has ignored all of our requests. Could you please help us to get our money back? Any suggestions on what to do to get our money back are much appreciated. Could you please help us to get our money back? Any suggestions on what to do to get our money back are much appreciated.

  Business response

  06/21/2023

  Please see the attached response and documents from business.

  This letter is to acknowledge your correspondence of May 17, 2023 regarding a claim that has been made by ***** *************.
  My name is ******* *. ********* and I am a attorney at the ******* *** **** in Roswell, NM. ******* *** **** represents Custom Construction Il, LLC.
  I have had the opportunity to investigate the claim you reference from Mrs. *************. I am currently investigating the claim, that you referenced from Mrs. *************. To comply with your letter of May 17, 2023, my client issues this formal response.
  Mr. A***** admits that he was contracted to build a house located at **** ********* ***
  Roswell, NM 88201. The home was completed in 2022. Mr. A***** admits that he was asked by the homeowner to purchase the solar panels and install the panels. Mr. A***** admits that ******* ******** a licensed electrician was hired to do the work for Custom Construction Il, LLC and for the homeowner. The homeowner and Mr. ******** communicated directly regarding the project. See attached affidavit (Exhibit A).
  The bid received by Mr. ******** to purchase the solar panels and install is attached as (Exhibit I of Mr. ********s affidavit).
  Upon information and belief Mr. ******** purchased solar panels along with mounting kits and inverter that were delivered to **** ********* *** Roswell, NM 88201.
  Upon information and belief, it was later discovered by Mr. ******** that the Solar panels purchased by the homeowner did not qualify for the tax rebate (other more expensive options would have qualified based on limited information provided to Mr. ********). Upon information and belief when the homeowner was informed the homeowner requested that the solar panels be removed. It was Mr. A*****s understanding that the homeowner would obtain the permit from the City of Roswell to have the solar panels installed. Custom Construction Il, LLC was never asked to obtain a permit.
  Upon information and belief Mr. ******** was under the understanding that the homeowner was obtaining a permit to have solar panels to have the solar panels installed on the roof.
  Custom Construction Il, LLC was contacted by the Electrical Inspector and other Inspectors who have all indicated they were in contact with the homeowner. Mr. ******** had a valid electrician license and pulled the necessary permits to do electrical work on the residence when the project began. Custom Construction Il, LLC recently learned that Mr. ********'s license lapsed in April of 2022.
  At the request of Mrs. *************, Custom Construction Il, LLC took the solar panels off of the roof put the panels in the garage and did patch work on the roof. The roof was subsequently inspected by the City of Roswell and passed inspection. (see Exhibit B)
  Custom Construction Il, LLC requested that Mrs. ************* return the panels to the manufacture and pay restocking fee. Brandon A***** confirmed that the solar panel company would ultimately provide her with a partial refund.
  Custom Construction Il, LLC further confirmed that the homeowner had to initiate the return to be refunded directly to her.
  Upon information and belief, the solar panels along with all attachments are still in the homeowners garage the homeowner has instructed Custom Construction Il, LLC not to step foot on the property. The solar panel costs with inverter were a little bit above $20,000.00. Please see
  the affidavit of ******* ******** It appears that Mrs. ************* is attempting to keep the panels and get a refund for the cost of the panels.
  Custom Construction Il LLC has attempted to work with the homeowner to remediate any issues that the homeowner has had with the work performed at the residence. Via text messages see
  (Exhibit   ).
  Please let me know what additional information you will need to complete your investigation.
  

  
  

  Customer response

  06/28/2023

  Complaint: ********
  
  I am rejecting this response because:

  June 28, 2023
  
   Good morning,

  
  Below is my response to Mr. *********.  I am referring to page and paragraph numbers from Mr. ********* letter in my response.
  Page 1.
  Paragraph 4.  “******* ******** a licensed electrician” ( quoted from Mr. ********* Letter) could I please have a copy of Mr. ********’s  license?
  Paragraph 4: “The homeowner and Mr. ******** communicated directly regarding the project” (quoted from Mr. ********* letter). I did communicate with Mr. A***** and Mr. ******** regarding the solar panels in equal manner. For example, exhibit A (communication with Brandon) and B (communication with electrician). The communication was primarily about missing work by Mr. ********, leaking roof, opening the garage for him, etc.
  All financial communication was going through Mr. Brandon A*****. Why did Mr. A***** give us the solar panel bill, and not Mr. ********? Is the bill a contract?
  I did communicate with people building my house: painters, carpenters, plumbers etc. directly.  Some of them received a $25.00 gift card from my husband and me So, communication with Mr. ******** was not anything special. I have texts from other people working on my house.
  Page 2.
  First paragraph: “The bid received by Mr. ********” – quoted from the letter. I do not think he received it, he gave it to Mr. A*****.
  Paragraph 2:  “ purchased solar panels along with the mounting kits” ( quoted) Mr. ******** did not use any mounting, he attached solar panels directly to the roof.  I did not see any mounting kits.
  Paragraph 2 and 3 contradict each other: “Mr. ******** purchased solar panels..” (quoted ) ,“the solar panels purchased by the homeowner..” (quoted). We did not purchase the panels, Mr. ******** did !!! If we had purchased the panels, why did Custom Construction charge us for the panels?
  Paragraph 3: “solar panels purchased by the homeowner did not qualify for the tax rebate”  (quoted) . I know nothing about solar panels, my husband and I did not buy them. We do not know if the solar panels are covered by the rebate program.
  Paragraph 3: “the homeowner requested that the solar panels were removed” (quoted). The removal of solar panels were ordered by Mr. **** ******, the Electrical Inspector, City of Roswell. The panels were directly attached to the roof, it was fire hazardous. Mr. ****** explained to me that mounting should be used to install the panels. I had not seen any mounting used. Also, no permit was issued for the panels installation, because nobody asked for the permit. I did support Mr. ****** request: no fire in my house. Also, I wanted the panels to be installed correctly asap.
  Paragraph 3 and 4: “ It was Mr. A*****’s understanding that the homeowner would obtain the permit from the City of Roswell to have the solar panels installed” “Mr. ******** was under the understanding that the homeowner was obtaining a permit” (quoted). None of them had told us to receive a permit for the installation. I discovered that a permit is required when Mr. ****** ordered the removal of the panels and said that nobody requested a permit.
  I think that permits are not given to people without special license required to install the solar panels.  Is it true?
  Fifth paragraph: “ Electrical inspector and other inspectors…. have indicated that they were in contact with the homeowner” When I understood that the panels and the whole system did not work correctly, I went to the City of Roswell and spoke with Mr. ******, electrical inspector.
  “Mr. ******** had a valid electrician license” ( quoted).  I would like to have a copy of Mr. ******** license, please.
  “ Mr. ******** pulled the necessary permits to do electrical work on residence” I know about the one Electrical Permit Application Exhibit C. There is no Mr. ********’s name on it.  I could not find other permits given to Mr. ******** to do electrical work on our house.
  “Mr. ******** license lapsed in April of 2022” ( quoted). Solar Panel job started at the end September of 2022. (Exhibit D) “I have a first row laid out” means the first row of solar panels. He needed a lift for a second row.  He did not have a license at that time.
  Paragraph 6: It was not only my request, but - the electrical inspector’s order. The panels were removed on December 22, 2023, and the roof was fixed in March 2023.
  Paragraph 7: “Custom Construction II, LLC requested that Mrs. ************* return the panels to manufacture…”. ( quoted)  I never was asked to return the equipment to the manufacturer. I do not have any receipts, I do not know who made the equipment. On many occasions, I asked for any documentation for the panels, but I never was given any papers. How can I return it, if I did not purchase it? Mr. A*****s texts about equipment , Exhibit E
  Paragraph 8: “the homeowner instructed Custom Construction II, LLC not to step foot on the property” (quoted).  Actually, we asked them to do the warranty work: fix sagging shelve, fix crack on the back door lattice, front door frame a crack also, floor is disintegrating…. Exhibit F.  Wed are still waiting for Mr. A***** to come in and fix the entrance door crack and the sagging shelf.
  Paragraph 8: “The solar panel costs with inverter were a little bit above $20,000.00” Where are the receipts? So, Mr. ******** admitted that he purchased the equipment, since he mentioned the price. The price Mr. ******** mentioned is not real.
  We found three different types of equipment in our garage and attic:
  Solar Panels: Exhibit Q:   We checked online current prices from different sellers using label on the panels. Average price for a panel is $ 200. We have 20 panels, so total price for the panels is about $4,000.
  Inverter: The inverter was purchased by Mr. A*****, Exhibit K, from ******************. The price is $449.
  ECO-Worthy PV Combiner Box.  The box is locked, and we do not have a key for it. So, we could not open it. The picture of the box and price are in Exhibit Z.  The regular price is $ 229.99
  So, the estimated price for everything is $ 4,460.  Even with a shipping, the price cannot be above $20,000
  Page 3. Paragraph 1. “Custom Construction II, LLC has attempted to work with the homeowner to remediate any issues….”   Yes, I talked with Mr. ********* on the phone, but nobody offered a settlement. 
  Exbitit 1. Affidavit (the numbers correspond the statements numbers)
  3. Mr. ******** did a lot of electrical work in the house, including solar panels, after April 2022. Mr. ******** started working on solar panels after September 21, 2023. (Exhibit D). Also, Mr. ******** does not have a current City License Registration. The latest that was officially found belong to 2019. ( exhibit X)
  7. I have only one permit request from Journey Electric (exhibit F). Per City of Roswell, no other permits were requested for the electrical work in our house.
  8. He purchased the equipment.
  9. We checked online the price of the inverter, Exhibit C.
  10. No knowledge.
  11. The electrical inspector, Mr. ******, asked to remove the system, because it was not installed correctly and it did not have a permit.
  12. I was upset, because Mr. ******** had a terrible work ethic. Basically, he was rarely doing his job at my house.
  13. Why mention it in the contract with Custom Construction.
  14. See 11.
  15. We are not sure about roof mounting kit. Never saw it.
  16. The mounting brackets were never used, that is why the system was ordered to be removed.
  17 Did not know about it. I do not have the receipts to do the return
  
  
  
  
  Regards,
  
  ***** *************

   

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