ComplaintsforMickey Construction

• Initial Complaint

  09/23/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Stephen M***** and team was hired to properly grade, and pour concrete for my driveway, which was well over 4k square feet. We gave him a visual design explaining the dimensions of the project, but we expected him to conduct grading exercises to ensure proper city of Dallas codes would be adhered to. Upon completion, Stephen M***** stated that the grade poured for the driveway approach was 14 degrees. However, it has been determined by multiple concrete professionals that the grade is actually 25%, and the front end of our, and cars visiting our homes scrapes the adjacent street, causing damage on both the vehicle, and the adjacent street. We have asked Stephen to fix the issue almost immediately after completion, and instead he has taken 0 blame, and in fact wanted to charge is over $13K to repair his mistake. It is our intention for him to tear out the sections of the driveway that requires regrading, and allows the driveway to be functional, or refund portions of the money paid to him so that we can have it repaired. The repair will cost over $15-$20K...Bottom line, we hired him to grade and build a functional driveway, and his dishonest response articulating his actual grade percentage, and non functionality of our driveway must be remedied by him.

  Business response

  12/30/2022

  Business Response /* (1000, 5, 2022/10/07) */ Mr ***** provided a plan to me for a Retaining Wall, Driveway and 2 Approaches. The most important item to Mr ***** when we spoke about the job was that the wall had to placed in the stated location and could not be over 3' tall. A taller wall would require engineering. The 1st question I asked Mr ***** was why he did not excavate 2-3 Feet of dirt before they installed the Foundation. His reply was it was suggested by the Builder/Builders representative but he did not want to incur the $ 6000.00 + they wanted for excavation.I told Mr ***** he should have done that as the house sits very high on the lot and he created a problem by not doing that. I advised Mr ***** the wall needed to be taller or the East Driveway Approach would be very steep. If the wall was more than 3' above grade it would require engineering and he refused to hire an Engineer stating it would cost more for the Engineering and Run the cost of the retaining wall up higher as well. I mentioned to Mr ***** on numerous occasions witnessed by my crew that the Driveway would be very steep unless the wall was taller. Mr ***** said to proceed without Engineering. Mr ***** was very happy with his new retaining wall and steps once poured, it was placed per the provided plan. We started Excavation and setting forms for Driveway and Approaches. We had numerous discussions regarding the grade of the East Approach and I told Mr ***** that where the Driveway was being placed in relation to the retaining wall it was a straight line up to the bottom of the retaining wall. It was too late to change the grade because the Non- Engineered wall was already poured. Mr ***** could have backed off and had a Civil Engineer come up with a different option. Mr ***** said to proceed with the project. The job was permitted and had the Pre- Pour Inspection and a Final inspection per the City of Dallas. Both inspections were passed. Mr ***** paid the remaining balance in full, shook my hand and thanked me for a nice looking job. Mr ***** admitted that he had made a mistake and understood we did all we could do following the provided plan. Mr ***** stated that he would contact us and pay us to have the Approach and a portion of the Driveway redone in October after they were settled in the house. I provided a proposal to Mr ***** to demo and replace the Approach and sections of Driveway starting closer to the alley to meet His New design. Mr ***** called me back and said it was higher than he wanted to pay and would look for a lower number elsewhere. Mr ***** was advised by 2- different professionals of their trade to excavate dirt before the Foundation and hire an engineer for the wall or the east Approach would be very steep. He refused any advise and made all the decisions regarding the job regardless of any advise that was given to Mr *****. Mr ***** is now wanting me to fix the mistakes and poor decisions he made for no charge. Mr ***** did not take any advise given to him by myself, builder and/or builders representative. Mr Browns depiction of the facts are completely inaccurate and slanderous. In addition to this complaint Mr ***** has slandered us on numerous advertising and marketing platforms. Mickey Construction is not responsible for the problem at Mr Browns residence. Mr ***** was advised before we ever started the job it was problematic because of the restraints placed on us by the wall not being more than 3'. In good faith I offered Mr ***** a fair price for the New design of Approach and Driveway. Consumer Response /* (3000, 7, 2022/10/10) */ (The consumer indicated he/she DID NOT accept the response from the business.) Mickey response is completely inaccurate, dishonest, and lacks context. I and the builder removed over 2' of dirt to drop our house to a grade point that made sense for the property, to prevent additional water drainage issues. It was Mr Mickey who stated that the retaining wall should remain as reflected in the drawings, but that is his word versus my word and not relevant. As a consumer, I rely on reputable contractors to guide our decisions, especially as it relates to grading, as it is their profession. I raised concern over the first poured approach the day it was completed, and asked Mr Mickey if it met City code. He stated that it did, and that the grade percentage was 14%,as guided by the city of Dallas. In fact that grade percentage is 26% and well beyond what should have been approved. The city of Dallas stated to me that they do not inspect for grade percentage, more so that the forms are done correct, which is why it was approved. So Mr Mickey poured a approach and thus driveway that does not meet city code, and advised us that although it is high, it is city code and should not be a issue. What reputable contractor just pours a driveway based on just the word of a consumer knowingly doing so is against city code, and has a potential to damage the adjacent street and vehicles traversing it. Also what reputable contractor tells a consumer that the grade is 14%, when in fact it is 26%.. If he felt that a engineer must be involved and was not, because I refused, which did not happen and a absolutely stretch of the truth, then he should have stopped the job, knowing it would cause later issues. Mr Mickey responses speak for themselves. Business Response /* (4000, 11, 2022/10/21) */ Mr. ***** has made false statements and has exaggerated his claim. Mr ***** provided a set of plans for a new driveway, 2 approaches, & retaining wall. We provided the work requested to the specifications given. Mr Browns drive Approach on the east side is steep because he had to have his wall no more than 3' tall. Walls over that height have to be engineered and he didn't want to do that. He was concerned with saving money and would not listen to any one. To assist Mr. ***** with this struggle to further drop the grade, we installed a 2nd wall above the 3' wall for material cost only. We followed his provided plan and his instruction. We were more than accommodating to Mr. Browns requests. Workmanship was provided with exceptional accuracy and perfectionism that has won many accolades throughout our consumer base. The finish on Mr. Browns wall with integral steps and driveway are exceptional by any ones standards. attachments: ***** ****** original email requesting a quote with his drawings attached.

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