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    ComplaintsforTexas Custom Patios

    Outdoor Living
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    Complaint Details

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    Complaint Type
    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      We engaged Texas Custom Patios (TCP) for a custom patio, completed Dec 2022. Our experience was unsatisfactory; several promises werent kept:Our house had significant water damage from TCP opening our roof when rain forecast was 80%. We warned TCP of forecast in writing, but project manager (**) assured ** precautions would be taken and proceeded. The house wasnt properly tarped/covered; water damage required replacement of hardwood floors/walls/ceilings in 3 rooms. TCP said that they would fix the damage; the ** promised a 5 yr mold warranty - to address concerns our concerns. At the end, TCP refused to deliver & denied offering this.At time of damage, ** said TCP would provide invoices evidencing remediation. TCP later denied agreeing to this. All we have is paperwork showing a patio was constructed, but nothing to prove remediation (i.e. for disclosures on a future home sale).There were significant dust/fumes from remediation (initial work was for exterior patio only, not requiring any inside work). We stayed in hotels for several days, as my ******** were sick after the wall/floor removal began. (Wife was 6 mos pregnant at the time & has a severe diagnosed dust allergy.) TCP refused to compensate us for hotel stays - we kept costs reasonable, stayed with family/friends when possible to demonstrate not taking advantage of situation.The final warranty document (received only after project completion) was 2 yrs structural components (**); however TCPs website clearly states multiple places that their ** warranty is 5 yrs (including URL called texascustompatios.com/blog/warranty/). TCP didnt honor the warranty listed on their public website.There were a myriad of other issues (poor communication, quality control, promises unkept) too numerous to mention (BBB character limits).We are requesting compensation for hotel stays, updated warranty *********************** invoices, and/or alternate compensation in lieu of TCP not meeting their commitments.

      Business response

      04/18/2023

      Thank you for bringing this to my attention. However, you have sent this complaint to the ******* BBB and not the ****** BBB.  We are the same company in both cities, but I do not have the records and information here in ******* to address your complaint.  I have sent what you stated to our ****** ************* I am sorry for any inconvenience.  Please reach out directly to our Dallas ************* ************

       

      Business response

      05/30/2023

      Both the project developer and the on-site project manager noted a 10-30% (depending on app) chance of rain prior to starting work.  As is the case in Texas,isolated thunderstorms are almost always possible.  As discussed with the homeowner, if contractors (specifically framing crews) only worked when there is a zero percent chance of rain, no one would be able to sustain a business.  Though, as is standard practice, TCP was prepared,and the framers had a tarp available prior to the start of work.  When the thunderstorm started to approach,the framing crew stopped and tarped the exposed area.  Unfortunately, with the severity of the driving rain, water was able to get past the tarp and enter the home.    
      Framing for the project started on Sept 3 and the isolated thunderstorm happened on September 4 at approximately 6:00pm.  Our project manager was on-site within one hour of rain entering the home (after hours and on the weekend) and the homeowners were notified.  The following day (September 5), three large fans and a carpet fan were set up inside the home and garage to help dry the affected areas as quickly as possible.  On September 9, after the affected areas were dry, all the sheet rock was removed in the affected areas and all framing studs and joists (house framing) were cleaned and treated.  The homeowners requested we remove drywall in unaffected areas and TCP was amendable.  Cleaners were also present on the 9th to clean as much as they could, though more cleaning would be needed (TCP agreed to come back and do more cleaning once all the floor and dry wall repair was complete).  Over the next two weeks, the drywall and flooring repairs were completed.  During the process, TCP discussed our remediation with Servpro, and they noted that for mold growth to begin, a warm, moist (often dark) environment is needed for a minimum of 48 hours (though typically much longer with conditions present at the homeowners residence).  They noted that since we initiated our remediation so quickly, it is virtually impossible for mold growth to be associated with water entry as the proper conditions were not present.  As such, TCP agreed to warranty the residence for two years as the expert at Servpro noted that if there was an issue with mold, it would happen immediately following, and not two or more years later.  A 5-year mold warranty was never promised nor provided.  On September 10,the homeowners requested compensation for hotel expenses, and we informed them at that time, TCP would not assume any additional costs as acts of God are typically handled through homeowners insurance. In good faith, TCP immediately worked to remediate all water damage in lieu of having homeowners go through their homeowners policy.     
      Regardless of water entry into a residence, any time we are attaching a new structure to an existing residence,there will be dust/debris (either from the attic or from the exterior) that can work its way inside the home.  The homeowners contracted TCP to build an attached patio cover to the rear of their home as well as cut into their brick/drywall/etc to install two new windows.  As such, dust/debris is expected.  TCP never made any agreement with any homeowner to reimburse them for costs associated with dust/debris/fumes in their home as that is not reasonable and dust/debris/fumes in the home is expected.  Thousands of home improvement projects happen yearly while the homeowners stay and live in their homes without any need for hotel stays. The homeowners elected to leave their home knowing that TCP would not be reimbursing them for hotel expenses.  TCP acted in good faith in every way from being on-site immediately following the water entering the home, and having remediation efforts in place within hours, to replacing excess materials (drywall and flooring that was not damaged). It is always at the homeowners discretion (if they would like to assume the cost) if they would like to remove themselves from the home while work is performed.  However, for any homeowner to request reimbursement for hotel expenses without approval/agreement, and when unnecessary, is unreasonable.  TCP operated in good faith, using best building practices and was the victim of a weather event.  And unlike many companies,we worked urgently to remediate all water damage instead of asking the homeowners to file an insurance claim.  It is unreasonable to ask TCP to pay for unnecessary expenses when the homeowners were told they would not be covered prior to electing to incur hotel expenses.  TCP has a reputation for making things right, and we did exactly that.
    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      - I signed a contract with this company on 3/8/22 to complete a 450 sf patio extension project.- It is 12/28/22 and they have not completed the work.- I have tried to resolve this situation amicably, but I was threatened with a lawsuit this morning by ************************* (Managing Partner).

      Business response

      01/10/2023

      Texas Custom Patios ("TCP") entered into an agreement with customer on or about March 8, 2022, to conduct an outside remodeling project at the customer's home. Pursuant to the agreement, the project required a $10,000.00 down payment and 5 partial payments. Four of the partial payments in the amount of $17,500.00 were due on the following dates: (1) the project start date, (2) the framework start date, (3) the masonry start date, and (4) the electrical start date. The final payment of $5,000.00 is due on the date of substantial completion. At this time, TCP has completed the majority of the project. The reason TCP placed this project on hold is because it has not received the next partial payment of $17,500.00 that was due on the electrical start date.

      Until this partial payment is received, TCP cannot move forward with its services per the agreement. Once received, TCP may continue with the final stages of the project. It should also be noted that once the project reaches the substantial completion date, the remaining $5,000.00 will become due and payable. As long as the customer abides by the agreement and the payment schedule, TCP will carry out the project through completion. TCP has acted as reasonably as expected, and will continue the work once the customer has provided the payment.

      Customer response

      01/18/2023

      (The consumer indicated he/she DID NOT accept the response from the business.)
      I am in agreement with the part of the response stating that the project requires a down payment and 5 subsequent partial payments. The aforementioned payment schedule was structured this way (1) to protect the Contractor and (2) to protect the homeowner. Over the past 10 months, all required payments were made once each stage of renovation work was completed. The issue I have currently with TCP is that they are seeking payment for electrical work, without having completed the previously started masonry work. In fact, the electrical work cannot be completed in its entirety until the masonry work is done. It is unreasonable, and not in alignment with the payment terms implied in the contract, to continue to pay for future work when past work remains undone. Pursuant to the contract agreement, if the Contractor has abandoned the project for more than 15 consecutive business days, the contractor is considered to be in default and the contract is terminated. Prior to TCP requesting the additional payment for electrical work, they were already in default. I intend to pay TCP for the work they HAVE completed, and end my relationship with them entirely.

      Business response

      02/02/2023

      See attached.
      See Attachment/File: TCPs 2nd Response to BBB.docx
    • Complaint Type:
      Product Issues
      Status:
      Resolved
      Paid $44,000 to TEXAS CUSTOM PATIOS for a patio design and build. Final payment was made in Aug 2021. Filed warranty claim on 12/15/2020. I paid for a custom covered patio including stamped concrete to look similar to existing concrete on adjacent patio. On a day when I was not home, someone came to rinse the color on the concrete and then seal the color. I never saw the finished color until the seal was applied. The sealant caused a bright orange color, like an old shellac. In trying to get rid of the orange color, they put more color on. The color was darker (to try to cover up the orange) so they continued to try to match a bit closer. Made several attempts, discoloring several sections of the patio. Finally came up with a color close to existing, and sealed it. The seal bubbled on the surface. Contractor told me that happens because it was applied on a sunny day. I made final payment just to get it over with. Several months later, I realized that the bubbles were bursting and the finish was flaking off. The layers below (orange color) show through where it is flaking off. Filed warranty claim. After sending several contractors to look at it, one came up with a solution to scrape the surface down to flat, and start over. TCP refused to pay to have that done. In Aug 2022, they sent someone to pour something to dissolve seal. There are many layers of color/seal. It did not remove much, if any. It did discolor the surface though. Then it was sealed again. The new seal caused more bubbles. They are obviously using the wrong product. The surface is also slippery and shiny - sun reflects shine - it is not appropriate for a patio. TCP told me that another company would charge retail $11,000 to repair and would charge them contractor rate $6,000 but they would not agree. I request $15,000 to allow for inflation so I can arrange to have repair done. Attachments: 1 orange color, 2 discoloration, 3 flaking/bubbling (please zoom in)

      Business response

      12/07/2022

      Business Response /* (1000, 11, 2022/09/28) */ TCP's Response to S.S.'s BBB Complaint Description of the Work: TCP was contracted to conduct some remodeling work on the Client's patio. The Client requested that TCP conduct a stamp pressed designed concrete and for the existing patio to be overlay coated to match. The Client was advised in advance that it would be impossible to match the original concrete color, as it was applied years ago and has gone through sun and other weather treatment throughout the course of time. Additionally, Client was proposed other options, including installing travertine tile on top of the new and previously existing concrete at the cost of approximately $5,000.00, but ultimately, they refused. Despite previous warnings that the concrete would not match and the potential cosmetic issues, Client decided to proceed with the stamp pressed design for the new concrete due to budgetary constraints. Please see the attached communications -detailing Client's awareness off the potential mismatch in concrete and offers to resolve the issue. Response to Client's Proposed Solution: In terms of the bubbles, the issue arose after the sealant began to bubble. The cause of which could have been the application by the trade or alternatively, the sprinkler system coming on after it was applied. TCP has offered several solutions to this issue, but the Client refused. Client's proposal involves a full refund of the project plus more funds to account for inflation, amounting to her proposed $15,000, to scrap the surface down to the flat and start over, thereby re-doing the outside patio. TCP has reviewed Client's other contractor's proposals which involves fully removing the deck, stripping it down, and doing a new matching overlay. Further, there has been proposal to install temporary support posts at an angle off the roof and into the yard, demo, pour and once it is cured, to remove the temporary posts. That of which opens the project to potential complications due to the temporary supports and removing foundations, that of which outweighs the benefit of attempting the proposed demolition and repour. Ultimately, the issue with this project is cosmetic and should be treated as such. Separate and apart from the above, if it is the Client's contention that $15,000 is the amount necessary to conduct the repair to the project, please provide a detailed breakdown of said amount and any amount added to account for inflation. Proposed Solution: TCP is dedicated to its customers and would like to remedy this issue with a proposal that is fair and equitable to both parties involved. TCP is offering the contractor rate of $6,500.00 to install limestone on the patio and will cover $1,000 of the cost. This will cover 518 square feet of the patio, which includes the portion of the patio where TCP conducted the work plus the previously existing patio. This will essentially provide the Client with a 50% discount, as this project would usually cost a prospective customer approximately $11,000.00. At the end of the day, TCP would like for the Client to have the patio of their desire and be pleased with the work conducted. It is TCPs hope that the parties may settle this issue in a manner that is amenable to both parties involved. If this dispute continues, TCP would respectfully request mediation to resolve any further issues. TCP reserves the right to supplement this response. Consumer Response /* (3000, 13, 2022/10/05) */ (The consumer indicated he/she DID NOT accept the response from the business.) REPLY: I don't have a problem with the color of the patio surface, or how closely the color matches existing patio. I agree that I did understand initially that the color would not match exactly. The pre-existing stamped concrete patio has never had a problem with bubbling or flaking. THE PROBLEM IS THE SEALANT. I never saw the finished color because it was rinsed and sealed when I was not home. (I believe it was on a Sunday morning while I was at church because I tried to always stay home since I was never notified when work would be done.) By the time I came home, the color was rinsed off. (again, I have no problem with the color) and a sealant had already been applied. The sealant appeared very orange, and the next day I took a photo. TCP then applied more color over the sealed surface, attempting to calm down the orange seal. I think because there is a layer of sealant and then a layer of color, the color does not adhere. In any case, when more sealant was applied, the surface bubbled. They said they had no solution. Several months later, I realized that the bubbles were popping, exposing the orange color underneath, and the surface was flaking off. I am not an expert in surfaces, but I don't believe anything will adhere to a flaking surface. The damaged surface needs to be removed. TCP admits in their response that "after the sealant began to bubble. The cause of which could have been the application by the trade." See March 16, 2022 attached text between ***** ******** and Jon ***** where I say I am concerned about applying anything over the bubbled surface, and Jon responds that TCP would scrape down to bare concrete. They did not scrape down to bare concrete. See April 19, 2022 email from Justin ****** where I again say I am concerned about sealing without first repairing the surface. Justin replies that they would repair and then seal it. They did not repair the surface. Finally, sometime during the second week of August, 2022, someone came to pour a solution over the concrete. It did not dissolve the finish or remove the flakes. It discolored the surface. The surface was not scraped and the sealant was not removed or repaired. Then it was sealed again, and that seal bubbled even more. It has continued to bubble and flake more since then. TCP alleges that sprinklers could have caused the bubbling. I had my sprinklers serviced before the patio was completed, to direct spray away from patio. Even so, this is an outdoor area, and TCP should have assured that any product used in an outdoor area will tolerate rain and the elements. TCP's proposed solution is that they will cover $1,000 of the cost of repairs that they have been quoted at $6,500 using their contractor's rate. That proposal leaves me paying $5,500 out of my pocket for their mistake! This is unacceptable. I am in the process of obtaining a written estimate to repair the damage done by TCP. I request the right to amend this response once I receive the estimate and I would request that TCP pay that amount to repair the damage. TCP's response states that I want a "full refund of the project." This is not true. I paid $44,000 for the project. TCP's response also states that I want to "fully remove the deck." This is not true either. I do want the damaged surface removed so that a suitable stain and seal can be applied. Anything applied to the damaged surface will not adhere. I would agree to mediation. I think anyone who looks at the picture of the bubbling and flaking surface of my patio would agree that TCP should pay for repair. Business Response /* (4000, 18, 2022/11/03) */ TCP prides itself in perpetuating its desire to ensure customer satisfaction in all its projects. Even so, there are times where disputes may arise and must be taken care of. Ultimately, TCP's goal is to provide its clients with the patio space of their dreams and to make sure that the project is carried out promptly, diligently, and to the clients' satisfaction. In the event the client raises a dispute as to the work provided or any noted unsatisfaction, TCP will work adamantly to reach an amicable solution for all parties involved. To that end, TCP has reviewed the Client's settlement proposal. In the interest of satisfying the Client's needs and settling this matter amicably, TCP is willing to tender the Client $2,500.00 subject to a settlement agreement. TCP will send Client the paperwork to effectuate the settlement. Once the paperwork is fully executed, TCP will tender the settlement payment in a lump sum pursuant to Client's payment instruction (ie: check, bank transfer...etc.). Consumer Response /* (4200, 20, 2022/11/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) In order to resolve this, I will accept $2500 by a specified date within 15 days or a date specified by the business, if it is paid by bank transfer, Zelle, Venmo, or personal delivery. I will not agree to "a check in the mail." I will sign a settlement agreement and agree to dismiss this complaint once the settlement has been executed and check cleared. Business Response /* (4000, 22, 2022/11/11) */ As the Client has accepted TCP's settlement offer of $2,500.00, TCP will prepare and directly send over a settlement agreement to the Client for their review and signature. TCP also agrees that a check in the mail is not the best way to tender payment. The settlement agreement will have a section where Client can put her banking instructions to direct the $2,500.00 payment. Once the agreement is fully executed, TCP will issue the bank wire to tender payment. Consumer Response /* (2000, 24, 2022/11/14) */ (The consumer indicated he/she ACCEPTED the response from the business.) I agree to the settlement offer and will sign a settlement agreement and provide my bank information. I request that TCP contact me right away by email to complete the settlement so funds may be transfered on or before Friday November 25.

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