ComplaintsforD.C. Mullins Construction

• Initial Complaint

  11/16/2022

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  We signed two fixed-price contracts with DC Mullins: one on 5/24/22 for $55,420 for siding and the second on 6/29/22 for $7,850 for soffit and fascia. We mailed two 10% deposit checks along with the signed contracts totaling $6,327: check #8-9/430 for $5,542 and check #108 for $785. On 9/15/22 Gary told me via phone that DC Mullins wouldn't be able to do the job for the agreed-upon price. When David prepared our proposal earlier this year he didn't get the Tamlyn aluminum strips priced out but instead relied on his past experience regarding their price. When he ordered our materials (over the summer, after the contracts were signed) he learned that they were ~$22,000 more than he planned for. During a phone call on 9/15/22 Gary told me that DC Mullins wouldn't be able to do the job for the contract price and that if we didn't want to pay more then we could choose a different product or DC Mullins would cancel the contracts and return our deposits. On 9/30/22 I emailed Gary and David requesting that our deposits ($6,327) be returned. Gary responded via email that we would be refunded. On 10/20/22 David emailed that he sent a portion of the refund out and that he would be sending the other check in another day. We received the first check for $5,000 on 10/26/22, but never received the second check so I followed up again on 11/8/22 and David wrote back that "they're going to charge [him] way more than that to restock waiting on a bill." Regardless of any restocking fees that DC Mullins may incur to return the materials, we are still owed $1,327 of our prepaid deposit money that David and Gary both agreed to return because DC Mullins breached the contract by refusing to honor the fixed-fee contract price. As the contractor in a fixed-fee contract DC Mullins bears the risk of price increases in materials that occur between the time of contracting and the time of purchase and is responsible for any changes in costs and resulting increase/decrease in profit.

  Customer response

  11/29/2022

  
  ** ***************************
  Mon, Nov 28, 5:26 PM (15 hours ago)
  to me
  
  I am writing to inform you that DC Mullins sent us a check for our full refund as a result of this complaint (** ********) so the matter has been resolved.
  
  Thank you,
  **** ******
  

  
  

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