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ComplaintsforWNY Backyard Enclosures
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Complaint Details
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Initial Complaint
12/22/2023
- Complaint Type:
- Product Issues
- Status:
- Answered
Wayne M******* was referred to me by a friend. He is the owner operator of western New York backyard enclosures. This process started with a payment of $10,155 approximately the end of May 2023 cash payment these finances were for the purpose of paying for the cost of the building, not including labor Labor was going to be an additional $1965.00 plus an additional $600 fee for upgraded sheet metal roofing and siding Approximately mid August following the approval of local town inspector I advised Mr. M******* to order the building. This was approximately August 16 17th or 18th. This did not take place until a payment was made to the parent company. Versa Tube received a payment in order to build the all metal garage 21 x 30‘ They advise me Versa Tube that they did not receive a payment until September 5. This started a process of delays by Mr. M******** Ultimately the building was built very poorly using subcontractors, which left my building with numerous holes in the sheet metal roof due to the poor construction workmanship, supervised by Mr. M*******, which left me with numerous leaks in this roof , I advised Mr. M******* that I wanted the sheet metal roof covered over with new metal at his expense. His fix for the holes was to put caulking. I advised him that this is a temporary fix and not what I paid for. I did not spend over $12,000 for a building including labor to be riddled with holes in the roof. He also was supposed to order thicker roof and siding metal which he did not do, but only upon my addressing it to him when he was giving me the bill to pay for labor, he subsequently researched and acknowledge that he did not order , the thicker sheet metal as he was supposed to, and had previously charge me for. the structural supports on the building were never plumbed and squared I did not know that they were going to be subcontractors during the work. I was expecting Mr. M******* to do this work as he was the one that was referred to me I would like the roof to be recovered with sheet metal over the existing roof which can be done but I do not want him to do the work. I would like it done by another contractor of my choice at his expense.Business response
12/27/2023
The building that Mr., ****** here speaks of, was in fact ordered to his specifications, as documents show. During the entire process of the construction of his structure, Mr. ****** was on-site watching the construction. On numerous occasions, I, the owner of the company, did show up on site to inspect the process, and met with Mr. ****** on my arrival each and every time. At no time during those meetings, did Mr. ****** mention any issues with the structure during construction. Even on the day of final walk through and inspection, he never mentioned any of the issues he claims now happened. Once the final walk through commenced, he was handed his final invoice on amount due. He said that he "would mail a check to our office." Approximately 3 days later when we reminded him of the final amount due, did he then begin to throw accusations of "poor workmanship" and "issues" with the build. This was a clear attempt to withhold his final payment to us. In fact, it wasn't until threatened with a mechanics lien against his property for failure to pay, that Mr. ****** agreed to pay his final invoice.
It is our standing that since there was never any mention of "poor craftsmanship" or "Issues" with the construction of his building during the construction period, as well as the final walk-through, that this was a clear attempt to not pay his final invoice. Any issue that he has with the structure after the final walk-through, are issues that occurred after the fact, and that we are not responsible for.
Finaly, as far as the delays are concerned this was a situation created by Mr. ****** himself. He requested Architectual drawings for his project, per the towns request. Those drawings take 40-45 days to complete. The structure IS NOT put into production, until the purchaser receives the prints, approves them, and the town approves them. Which at this time, with delays on his end from the town, took until late August 2023 to submit the approved purchase of his structure. Failure to comprehend how our business runs, is no excuse for Mr. ****** to assume that we are slacking on our protocols in any way. These are the ways we handle the purchase, manufacturing, and installation of our structures to protect ourselves from bad business with the consumer. These practices have been used for the last 5 years in business.
Initial Complaint
11/17/2023
- Complaint Type:
- Delivery Issues
- Status:
- Unanswered
Pole barn was supposed to be finished by September 15th. Concrete was poured and building wasn't onsite until October 6th. Since October 6th, crews have been present 1/2 days once or twice a week with 2 week periods not showing up. Contractor continues to make promises that cannot be kept. My backyard is a mess with garbage and unsafe materials all over the place.Initial Complaint
10/24/2023
- Complaint Type:
- Product Issues
- Status:
- Unanswered
I had contacted the owner of the company for an estimate on the project in January 2023. He requested at least a third down to start the project . He was given 2700.00 dollars as a deposit and said he start in April. I then needed to pay for drawings which were not architectural drawings, but simple drawings on plain paper for $450.00. The work never started until July in which they put two holes in the driveway for ***** tube pylons, (also requested another third payment of 2700.00) they could not dig by hand and would return with a machine. They never came back. Instead they came and took the tools and ***** tubes. That was the last we heard from them. I had called a few times requesting when work would resume. I finally had had enough in late August and cancelled the work. He said that he could keep all my money. For two holes i the ground that are still a hazard and uncovered.Initial Complaint
09/29/2023
- Complaint Type:
- Product Issues
- Status:
- Unanswered
Gave Wayne, the owner a deposit of just under $23,000 for a metal building to be build. We gave deposit and signed co tract in September of 22' work start date in contract was to be started in December of 22'. After months of excuses and push offs no work was done nore the metal building he was going to order from Versa Tube (he says he is a dealer of their product) dropped off. Unfortunately this project was needed to convert our attached garage into first floor living due to my daughter recently becoming wheelchair bound. Wayne agreed to refund the deposit via email but again after many excuses and failed attempts to get ahold of him we have not seen a penny. In my opinion he and his business are nothing more than career criminals. Praying on consumers in hops they will eventually throw their hands up in the air with him and let it go. It has now been full year since he took our deposit and we have received nothing more than excuses and false hope. This guy should be ashamed of himself and the business he conducts.Initial Complaint
11/22/2022
- Complaint Type:
- Order Issues
- Status:
- Unanswered
I signed a contract with WNY backyard enclosures on 6/3/2022 and made a deposit of 13,446. I purchased a steel shed enclosure and a wooden framed pavilion. The owner of the company requested the steel building be paid in full and the pavilion be paid partially. He claimed that the steel building needed to be paid in full because he would need to order the product and prepare for the work involved. I agreed. The balance remaining is 4369. The contract states the project will be completed on or about 8/29/2022. On august 9th they stated they're preparing to start work next week. They never arrived. They said they meant the next week. The next week they had another problem and didn't start again. After back-and-forth communication over the next couple of weeks they started building the pavilion on 9/5/2022. They worked 2 days and did not complete the pavilion. A few weeks later they advised they should be able to start on the steel building and finish the pavilion in a few weeks. My job was to get the site prepared by removing my existing shed. That was removed on 9/27/2022. Since then, no work has been completed. The owner of the company emailed me excuse after excuse of why he is not able to make it. Eventually I requested a refund as the weather became colder and colder. The owner has now completely stopped responding. So, I now have a partially built pavilion (with no roof). I removed my existing shed, so I'm forced to keep all my shed items in my basement, a family members house and my garage. I have demanded a refund but get no response on either a refund or him returning to work.Initial Complaint
12/06/2021
- Complaint Type:
- Product Issues
- Status:
- Unresolved
I hired Backyard Enclosures to construct a covered patio. The owner told me I did not need a building permit from my municipality. I placed a deposit for 1/2 down, $2250 with an installation date of mid November. My town Building Department informed me I did need a building permit and they would not issue the permit with the plans given to them by the company. The plans needed to be changed to place the structure up to code. The contractor called me and explained the change and that I had two options 1) to change to code at an extra expense of $3800 or 2) to refund my deposit. It was mutually agreed upon to refund my $2250 deposit on November 17th and the owner told me he was sending this asap. I've contacted the owner several times for my deposit refund through phone calls and emails and I have yet to be refunded.Business response
12/15/2021
In regards reference to the above-mentioned complaint with your office about an unsatisfied customer Mrs. *** ******, we have the following statement in regard this issue:
Mrs. ****** signed a contract with us back on 09/30/2021 (a copy of contract is enclosed), where she signed in agreement that if she cancelled the contract under ANY CIRCUMSTANCES, she would therefore forfeit her deposit made to us. On or around November 20, 2021, we received a call from the Town of West Seneca Permit Office, stating that in order for her project to pass inspection, certain requirements would need to be met. So, we discussed this with Mrs. ****** over the phone later that day. We explored a couple of different options for her to satisfy the towns requirements, and still be able to complete the project within our obligations under contract. It was at that time that Mrs. ****** refused any option we gave her and therefore requested to cancel the project all together. When she stated that she wanted to cancel the project, we informed her that she would be violating the terms of the contract and therefore she would be forfeiting the initial deposit. At that time, she became irate and hung up on us. Since then, she has made numerous threats against us and has made many derogatory comments about us on social media. We informed Mrs. ****** to seek legal advice, but instead wishes to slander our business with untrue and unfounded accusations.
We have given Mrs. ****** options to continue the project and to use the deposit for that project. But her continual disregard for the contract that she signed, and now wishes to get out of, is unacceptable. We are within our legal means to take the actions we have taken in regards this issue and will not be refunding any monies she feels that are owed to her.
Customer response
12/15/2021
This is absolutely untrue. I have attached a screen shot of our emails where Mr. M******* stated he was sending me a refund.
Mr. M******* was on speaker phone, he offered to give me a refund. If he did not offer this, I would have arranged for another project.
Mr. M******* has another very similar lawsuit from another customer.
I left a bad review on WNY Backyard enclosures ********. Nothing stated was untrue. I have since googled Wayne M******* and he has a very disturbing and colorful background and history.
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Business response
12/16/2021
As previously stated, the contract was signed by the complainant at her own risk. She was not coerced into and she agreed to the terms set forth. In her own admittance in her original complaint, we did offer her a chance to fix the problem by offering her a solution, but she decided against it. By doing so, she voided her contract.
We are within our legal rights pursuant to contractual law and again emphasize that no refund will be issued.
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Customer Complaints Summary
6 total complaints in the last 3 years.
4 complaints closed in the last 12 months.