ComplaintsforCarter Construction & Contracting LLC

• Initial Complaint

  01/17/2023

  Complaint Type:

  Order Issues

  Status:

  Unresolved

  More info

  On 9/25/2022 we contracted with Carter Construction & Contracting to build an approximately 24’ X 24’ pole garage attached to the south end of our current residence as per attached documents. We paid 50% ($12,789) upfront on that date by check. Cody C***** ( owner of Carter Construction…) said that money was to be used to purchase the supplies for the build, give subcontractors ( concrete, drainage, gutter and downspout and electrical) a retainer so they would be available when needed for this job and as a retainer for him, so as to put our project on his schedule. The estimated start date would be October 31, 2022 and the estimated completion would be 1 week as per attached documents. On October 14, 2022 Cody C***** contacted me by text that he was waiting on trusses and would be 1 to 2 weeks behind schedule with a new start date of November 14, 2022. I contacted him by text on November 11, 2022 looking for an update and was told it would be pushed back until November 23, 2022. I told him that was the day before Thanksgiving and he changed to November 28, 2022 as the “definite” start date. He didn’t show up to start work on project until December 1, 2022. They worked on 12/1 & 12/2 then didn’t show up again until December 16, 2022 at approximately 11:00am. and then worked on the job on 12/16 & 12/17. He pulled the siding off the south end of my house while doing the framing for the garage and the end of the house has been exposed to the weather ever since. He contacted me on December 18, 2022 for a draw of $4000 that we never spoke about but, I gave him $3000 on the understanding that he would be back the week after Christmas because as he stated he had no other work that week. He no showed until 1:21pm on January 11, 2023 and left the job at 3:28pm. performing minimal work progress. The trusses were incorrectly ordered and will have to be modified, he has not matched the exterior lines of the house on the east side and is not performing as a professional.

  Business response

  01/30/2023

  We spoke about draws after framing, if Mr.******* cannot remember this conversation our contract states "equal weekly draws thereafter" in the payment schedule. On 12/18/2022 we discussed a milestone payment schedule in replace of a weekly payment draw. In which we both agreed. This agreement did not contain deadlines and only contained broad discussions of what the plan was and potential dates of returning through the holidays and winter weather. We stayed in contact with Mr.******* throughout the project and returned on 1/11/2023 to work. Issues with a dump trailer the morning of (verifiable by ***************** caused delays on our arrival, then we worked through the rain to maintain some progress despite the days' troubles. The next day on 1/12/2023 Mr.******* disputed the payment he made on 12/18/2022 for $3,000. He made this dispute without contacting us regarding any issues at all. Failure to make the agreed payment resulted in the *******'s defaulting on their agreement. "The Property Owner shall be in default under this Agreement in the event of any of the following conditions or events occur (a) a default in payment of the Agreement price or payment schedule by Property Owner". Their bank said it may take until April 17th, 2023 for them to review the file and make a decision following our rebuttal. I had informed Mr.******* on 1/17/2023 that we would not be returning to his project due to failure to follow the agreed payment schedule and that following receipt of funds, we would return. The additional $3,000 payment was for services already rendered.
  
  Completion by 2/18/2023 is unlikely unless he informs his bank to return funds, his bank completes their investigation and returns funds, or Mr.******* returns the funds for services rendered prior to 2/18/2023 so we may return to their project. We would then require a RWA (Ready, Willing, and able form) to be completed to assure no further payment issues arise through the completion of this project.  

  Customer response

  01/31/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

  Cody offered no resolution to the fact that he has not performed, shown up to work or communicated. We have made numerous attempts to discuss and work with him and he refuses to show up at promised times or dates. We disputed payment because of lack of progress or satisfactory work. We paid 50% up front and have not received 50% of the work or materials to date. His statements are incorrect. We have contacted him and discussed our concerns with no results. If anyone violated the contract it’s Mr. C***** by missing his estimated start date and completion time by so much. 
  
  In response to Mr. C*****’s response to my complaint;
  
  He stated, “We spoke about draws after framing” -
  
  • My wife witnessed all discussions between Cody and myself prior to us contracting this job with him and he never brought up any draws. The only thing that was discussed was 50% down for him to buy all the materials for this job, so he could provide retainers for his subcontractors, so they would be available when needed and for him to have labor money up front to put us on his schedule.
  
  He stated, “if Mr. ******* cannot remember this conversation” -
  
  • Per the attached text from Cody, he is the one who doesn’t remember what was discussed.
  
  He stated, “our contracts states “equal weekly draws thereafter” in the payment schedule.”
  
  • Mr. C***** has yet to complete a full week of work on this garage project. On a project that was to be have an estimated completion of 1 week as stated on the final estimate, no draws would have been be needed.
  
  Mr. C***** then makes statements pertaining to us discussing milestone payments, with no deadlines, broad discussions and potential dates of returning through the holidays.
  
  • These were text messages initiated by him on December 18, 2022. What he neglects to mention is that we had a face to face discussion on December 17, 2022 at my home, at which time I told him how displeased we were with his work, his lack of any consistent employees, his lack of any schedule and lack of communication. He stated that he was totally free the week between Christmas and New Years and had people for labor ready to work that week. He said he guaranteed that he would be there that week. Again, this was December 17, 2022 and he never mentioned any draw at that time. He text me the next day at 11:11 am asking for a draw. We had a text discussion and I agreed to pay him $3000 on the understanding that he would be back after Christmas. I didn’t hear from him again until December 31, 2022 when he stated that he couldn’t get any help so he didn’t come out. Said he would call on Monday (1/2/2023). He did not. I texted him on January 5, 2023 to ask when he was coming back. He responded 5 hours later saying that he would be here January 9, 2023 at 9:00am. He texted me on January 8, 2023 and said he would come to work on the garage on the morning of January 11, 2023. He did not show up by noon so my wife and I contacted ******** Bank 12:16pm and disputed the charge of December 18, 2022. He finally showed up that afternoon at 1:21pm performed minimal work and left at 3:28pm.
  
  Mr. C***** stated, “He made this dispute without contacting us regarding any issues at all. Failure to make the agreed payment resulted in the *******’s defaulting on their agreement.”
  
  • Not only have I discussed issues in person and by text with Mr. C****** I have also tried to call him, and he doesn’t answer or return calls. Even when he states that he will call, he does not. We have not failed to make any payment as stipulated in the contract. On the other hand, he has violated the estimated start date and the completion time of the estimate, violating the contract.
  
  In total Mr. C***** has been out to work on the garage;
  December 1, 2022 from approx. 11:00am until 5:00pm
  December 2, 2022 from approx. 9:30am until 4:30pm.
  December 16, 2022 from 11:11am until 3:24pm.
  December 17, 2022 from approx. 11:00am until 4:20pm.
  January 11, 2023 from 1:21pm until 3:28pm.
  
  That’s approx. 24.5 hours total work time. I put $12,789 down, upfront. What could I possibly owe him an additional $3000 for? The garage is not even framed in yet.
  
  The estimated start date was to be October 31, 2022 per our estimate. The actual start date was December 1, 2022.
  The estimated completion was to be 1 week per our estimate. It’s been 8 weeks since the actual start date and the garage isn’t even framed in and all the material is exposed to the weather along with the south end of our house that he has removed the siding from on December 2.
  
  Following are texts showing how I have tried to communicate and how he has continually delayed this project.

  I believe we have been, if anything, overly patient with Mr. C****** At this point, we believe we are being taken advantage of by a scammer, not a contractor.
  I believe now the best resolution for us all is for Mr. C***** to provide us with a complete priced and itemized list of work completed and materials used to date. Then to deliver,to our job site, the building materials to complete the garage, less the concrete work, gutters and downspouts, that we paid for with our down payment. I will release him from his commitment and contract. He keeps any remaining down payment and we are both free and clear of this bad situation.
  Please feel free to contact me any time for more information or to discuss this situation. Thank you for your help in this matter.
  
  Regards,
  ******* *** ****** *******

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