ComplaintsforMcNeight Excavating, LLC

• Initial Complaint

  01/12/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  I signed a contract with James Mcneight and I paid him in Full amount of $38000 in addition to my credit card usage of$ 6000 he cause an excessive delayed on my project and he did not finish the job that is in the contract. I am a single mother of three daughters who is dedicated to work full time serving the veterans .The amount of money is a lot and the amount of stress is more. He blocked me from any type of communication with him .Please help me

  Business response

  02/08/2024

  BBB was contacted by the Village of ***** Home Inspector who relayed to BBB that the job was completed in full, according to the contact and the work quality was high.

  Customer response

  02/12/2024

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  The job that Town of ***** referred to is the drain tile that had been done this month which supposedly had to be done three month ago and yet it is not completed because it is only on the new addition not for the whole house like it says in the contract .I paid the new plumber $5000 to finish the drain tile . Also I mentioned in my explanation that town of ***** is not authorized to speak for me , the inspector listen to James Mc neight side of story and never allow me any chance to explain my side .I am not sure the reason behind this and I am not concern about that .All I concern for is my own situation and my bad financial situation that James Mc Neight had me to go through.  Regards,  ***** *********

  Customer response

  02/21/2024

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  I spoke to the town of ***** today regarding my dispute .He informed me that he did explain to the BBB that James Mc Neight did the Foundation part of the work yet he did not finish the drain tile and he did not place the eight concrete pilers under the existing house .Also ,James Mc Neight spend worth of $ 3984.39 from my credit card and did not provide any receipt .please note that I am requesting the refund that worth of $17,984.39 that included the credit card spending  in addition to the labor that I have paid James Mc Neight to get the drain tile done and the eight concrete pilers that he asked for 14K and he ended up not doing the work. An authorized credit card spending:  $3984.39 Drain Tile labor and materials : $8000. Eight Concrete pilers labor and materials : $6000 Total of :$17,984.39 I hope I explained it well enough.   Regards, ***** *********

  Business response

  02/21/2024

  BBB spoke to the business and the following was relayed: I will be happy to address all of her concerns. #1- Unauthorized spending on her credit card for $3,984.39 This was not unauthorized spending.  In fact, this was her request.  She wanted to pay for her parts on her credit card so she did.   #2- Drain Tile labor and materials- $8,000 The drain tile labor and materials has been completed in FULL.  As also supported by the Inspector.  Both the town inspector and I have tried numerous times to politely explain to her that ALL of the drain tile that was in my BID and in our contract and in our scope of work has been ALL installed already.  That job is complete.  My bid, our contract was for the drain tile and labor in the addition- not in the existing house.  She wants me to do drain tile in her existing structure.  That was NOT my bid, not in our contract and not in our scope of work.  The bid, the scope of work that is in our contract has been completed in full.   #3- Eight concrete pilers labor and materials $6,000 4 out of the 8 pilers were put in.  The remaining 4 are unable to be installed because of the beam in her house being rotted out.  The house is so unstable.  I think that is where a lot of miscommunication started.  She ran into problems with her house that were previously unbeknownst to her because nobody could have discovered those problems until they got in there.  She now wants all of the different contractors that she had originally hired and paid already to do more work without paying us more when all of our contracts have already been completed in full.   She also owes me $6,000 for the dumpster that she charged to me.  In fact, she owes me a total of $15,000.00.   

  Customer response

  02/23/2024

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. #1- Unauthorized spending on her credit card for $3,984.39 This was her request.  She wanted to pay for her parts on her credit card so she did. In my response: It is unauthorized because it doesn't show any prove  or receipt. You can't spend   $3,984.39 from my credit card and hand me materials worth $500 and fill your truck with Gas and claims it is legit and authorized. All contractors provided me with receipt to show the prove of the expenses ,yet James Mcneight is the only contractor that never provide any receipt .  I asked James Mcneight  to provide the receipt for these purchases three times and he did not ,however the materials you claimed did not worth $500.I need the receipt for these materials in addition you used my credit card to fill your truck with Gas four times and this shows in my credit card statement .Please I need the receipt pluses the $400 for non material expenses . #2- Drain Tile labor and materials- $8,000 The drain tile labor and materials has been completed in FULL.  As also supported by the Inspector.  Both the town inspector and I have tried numerous times to politely explain to her that ALL of the drain tile that was in my BID and in our contract and in our scope of work has been ALL installed already.  That job is complete.  My bid, our contract was for the drain tile and labor in the addition- not in the existing house.  She wants me to do drain tile in her existing structure.  That was NOT my bid, not in our contract and not in our scope of work.  The bid, the scope of work that is in our contract has been completed in full.  In my response: The contract stated that "Mcneight responsible for installation of all new drain tile including gutter downspouts strapped to the house" All means ALL ,did not say new built ,did not say existing , In fact the drain tile that Mcneight claimed he installed is two pips on the new addition sides that not connected to the bubbler system or any thing .And this is what the town of ***** advised me to mention .The idea of the drain tile is to get the water out to the main sewer and this is  called bubbler system according to the town of ***** code any drain tile should be connected to the curb and the main sewer system not laying down two pipes that not connected to anything ,by any meanings the water will not drain anywhere it will stay around the house .I did not pay james Mcneight  $8000 to lay down two pipes worth $50 on the side of my house.  #3- Eight concrete pilers labor and materials $6,000 4 out of the 8 pilers were put in.  The remaining 4 are unable to be installed because of the beam in her house being rotted out.  The house is so unstable.  I think that is where a lot of miscommunication started.  After we find that the foundation beam need to be replaced in the existing house ,there is no need for  any concrete pilers and James Mcneight did not place any at my house. She also owes me $6,000 for the dumpster that she charged to me.   In fact, she owes me a total of $15,000.00.   In my response : James Mcneight can say that I owe him money however he needs to show prove of his statement , like I did. The contract stated that James Mcneight responsible for removal of existing blacktop and debris ,yet he dump all that on the land next door which I own also . Please note, I do not owe James Mcneight any money and if he have any document proves his statement, I would be happy to do so. I have the legal document which is the contract that is in file and I attached here also ,shows his signature and his hand writing stated that he has been paid in full on 11/30/2023.please review. I attached everything that shows prove of my statement ,please review. There is my credit card statement and a photos of the two hanging pipes ,and the beam that being replaced ,   Regards,  ***** *********

  Business response

  03/05/2024

  #2- the drain pipe.  AGAIN, the contract clearly states that my scope of work was to install drain pipe on the addition, NOT the existing structure.  What else do I have to do to prove this?  I brought TWO town inspectors out, with this customer present, and BOTH confirmed that contract was ONLY for the new, additional structure NOT the existing structure and BOTH town inspectors, in front of the customer, confirmed that my contracted work has BEEN COMPLETED IN FULL AND THE WORK IS GOOD!  I did this TWICE.  #1- She subtracted the money that she ASKED me to put on her credit card right off the top of the contract so that she would be able to pay for the work and materials LESS in CASH.  This was HER REQUEST.  I agreed to do this for her as a FAVOR to help her.  Everything I did was to try and help her.  If she is now going to lie and claim that she did not authorize EVERY charge along the way, then I will put all those expenses back onto the top of the bill and charge her.  If she doesn't pay, then I will send it to collections.    #3 - Again, AS STATED IN THE CONTRACT, "Anything out that is found that is out of my control, I can't do."  I installed 4 of the 8 pillars.  Then it was found that the beam in her house is rotted out.  That is out of my control.    What do you want from me as proof?  I have any documentation, statements, witnesses that you want or need.  I did everything that I was contracted to do PLUS some for this customer.  I went out of my way and did things that she asked for that I have never done for a customer before because I was trying to help her!!  I've made responses to BBB and had TWO different town inspectors go out to her house, WITH HER PRESENT, to try and explain to her that I completed my contract IN FULL.  But at this point now with everything she is saying and posting everywhere- here at BBB, all over my ******, everywhere- it is lies.  This has never happened to me before in over 25 years of being in business this is the 1st and only complaint I've ever had!!  I'm going to start looking at my options to take take against her.   

  Customer response

  03/09/2024

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.     Clearly James Mc neigh does not want to drop the act and admit his unfaithful business and have the audacity to accuse me with lying . I submit all the documents that proves my complaint and I will leave the judgment to the BBB. please note that James Mc night has been in business since 2020 as his official page stated and he is only 30 years old , I have no idea how he came up with 25 years of business. I am not sure who is the liar here .I have nothing to say but God is watching and if your conscience as a human allow you to steel other people money with a cold heart God will achieve justice.  attached:  Screen shot of James Mc neight official business page     Regards,  ***** *********

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩