Complaintsfor4D Custom Builders LLC

• Initial Complaint

  08/31/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  4D Custom Builders LLC contracted with *************************** and us to heat test for proper AC unit tonnage as well as purchase and install. We insisted on 17 seer units verbally and written prior to the contract and during. **** paid ********************* to checking install per contract. The units installed were not cooling sufficiently and discovered to be 14 seer on 7/22. **** has since been in the process of replacing but recently texted that he has cut his losses on the deal. This has prolonged closing on the home as he withheld ******** off with the bank. The bank is withholding final payment. He knows his action would cost us interest and penalties. We have asked him to correct his 20K error so that all can be settled including his final payment. We need resolve asap. Thank you, contract attached.

  

  Business response

  09/19/2023

  ************************ HVAC company initially submitted a bid for 14 Seer units, whereas ******************* contacted ******************** directly and requested 17 Seer units be installed, which he then re-submitted the bid stating 17 Seer units would be used. Sometime after the units were installed, and a couple of weeks prior to closing we found the units were not 17 Seer, so I contacted **************** to get it resolved.  After finding they didn't have the resources available to purchase the units, I explained I would help pay the upfront costs of approx. $7,000 for the new 17 Seer units, and **************** would install them.  I also researched the "Energy Star" programs for rebates to cover some of the costs.  I discussed the situation with *******************,stating I would help pay the upfront costs of the units, **************** would install them, and I would file for the rebates myself.  I had been consuming costs for the build of the house and have been out of pocket between $12,000-$17,000 in building expenses for several months now, as well as my General Contracting fee of approx. $28,000.00 still due, as ******************* was and is aware, so I asked they sign a promissory note for monies outstanding.  I also stated I would sign an agreement that the units would be upgraded.  In addition,the cost to upgrade the units with 17 Seer would be $7,000, so I am confused at the $20,000 error that the ******* stated in their complaint.?.
  They refused to sign a "promissory note" for my outstanding monies, and they refused to have the retainage money of $12,949.88 from the bank wired to my company at closing. The retainage money would have helped in getting the monies still owed to build their house, paid up to date, and they still would have had a retainage of $25,000.00 due to my company. At the current time, I am owed over $38,000.00 and have no intentions of cutting my losses, as ******************* stated.  I stated that I could not put good money after bad and would cut my losses if they refused to pay the monies outstanding to me, which they gave every indication by not signing the promissory note or having the retainage wired to my company at closing, in which being the only reason I did not sign the closing documents that day.  I have been personally carrying this negative balance for 5-6 months now, with the ******* giving no indication of paying me whats due.
  As the builder, I will make it right as initially stated and get the upgraded units installed, even if it means eating the costs of the mistake made by ****************, however I must be made whole and paid up to date for monies outstanding to me now, for months and months.

  Customer response

  09/20/2023

  Complaint: 20548158
  
  I am rejecting this response because:
  Most of what *********** said is untrue. He fully contracted the **** services.   *********** contacted ******************* to update the contract, not me.  *********** is on the contract yet skirtinghis responsibility.  Please see email attached then forwarded to me by ************  We do not owe *********** what he claims however I will stick with the facts of this complaint involving ****. As our GC his job has not been fulfilled for any final payment in which the bank that financed the loan has heard our cases and has placed *************** final check on hold. It was his duty to inspect the units prior to install.  He was on site at install.  AC units as contracted will cost over 20K. We discovered we were double charged on work. We paid to replace 3 broken windows one with frame that were damaged by his contractors. *********** missed approximately 5 months of work and cost us extension fees. I say this to show that we don't owe **** much if any if we have to pay for the correct AC units.i informed *********** mid July of issue and he has made promises since 7/22 to replace the units yet no actions to date.  He held our closing hostage because we wouldn't sign a promissory note that reads like a planned loan with interest when he mismanaged the build finances.  We told *********** and the bank that we would pay what is owed once AC is corrected  in agreement to release funds as well.  We also offered mediation to resolve all claims. *********** refuses yet is diligent to this day with his communication of false claims to the bank in attempt to get funds released to him. He needs to conclude his contract with us which includes proper AC installation for final payment. We also provided a quote from local **** where *********** could deduct from balance owed, also minus rework and damages but he declined. 

  Regards,
  ***** And *******************************

  

  Business response

  09/27/2023

  Nothing I have stated is untrue, however whoever believes they reached back out to ******************** is I suppose irrelevant, as I was simply trying to set up the situation to explain where we stood at the current time.  Also, I have clearly stated that I would pay for the costs of the 17 **** units, and **************** would replace them at no cost to the *******, which undeniably shows I am not trying to skirt any responsibilities.  I could continue to go thru the other erroneous statements the ******* have claimed, to correct them, and will do so with a follow up, if necessary; however, so as to not continue going back and forth with he said, she said, and get to the bottom line, I will address a couple of the ******* claims and then proceed with some possible solutions.

  I am as upset, quite honestly more upset than the *******, as to the installation of the wrong units.This has not only caused undue stress and worry for myself and the ********, but has and will cost me more money and time due to this mistake.  As can be seen on the contract provided, the original **** job was quoted at $18,800.  This was for rough-in and final installation of the **** units, to include; **** design, duct work cut & run throughout the home, venting, plenums, supply registers, return registers,refrigerant lines, condensate lines, thermostats wired, the purchase and installation of the two units, exterior heat pump pads placed, all run for two complete systems, upstairs and downstairs throughout the house, with the rough-in and hard labor completed, for $18,800 (all of this has been completed and none of it has to be done again).  I am without words at the $20,000 ******************* is stating to just replace the two units now.?. The original cost difference between the 14 **** and 17 **** units would have been well under $7,000, unfortunately, the **** distributor will not take back the 14 **** units and only charge the price difference, therefore I have agreed to pay the cost of the New 17 **** units which is a little under $7,000, and **************** has agreed to install the new upgraded systems, at no additional cost to the *******.  I would then apply for the Energy Starrebates and receive the 14 **** units back, to help absorb some of the costs.  I made it very clear when we found the units to be 14 ****, that I would make it right, even if it meant paying for the units out of my own pocket, to which ******************* stated I shouldnt have to do that, and **************** should pay for them.  I agreed, but they did not have the money to pay for the units upfront, so I would pay if necessary, however I needed to be paid outstanding monies that were overdue before doing so.
  

  I would have been happy to go to mediation, as I can show with various different texts and emails stating this. I texted ******************* to have ****************** call so we could all discuss, verbally asked ******************* several times for her and her husband to meet at my office, and also emailed the lender (RBFCU) and the ******* asking that we all get together to sit down and discuss, with no responses.

  It is plain to see now that the ******* have no intention of paying me for monies that I have paid out of my pocket to complete the initial build or for my General Contracting fees that were initially greatly reduced and still remain outstanding.  That they want their **** systems upgraded and installed before they cut me back to making absolutely nothing for all the time and effort put into the build of their new home.  I can honestly say, at this point, I am more saddened, than I am frustrated at the way this whole thing has turned out.  I never lied to the *******, I was always 100%upfront and honest with them, and discussed every aspect of the build with ******************* along the way.  They have absolutely no reason to believe that I would not make the **** system right.
  

  So, here are my recommendations to hopefully find a viable solution:
  1. The ******* pay the $38,000+ that is outstanding to me for the build of their home, minus the cost of the window and I will have the two new 17 **** systems replaced.  I will put this in writing.
  2. The ******* pay the $38,000+ that is outstanding to me for the build of their new home, minus the cost of the window and minus the cost of the two new 17 **** systems, and I will have them installed at no cost once they purchase the units.  I will put this in writing.
  3. Sit down with a 3rd party mediator and discuss to find a resolution.

  Thank you for your time in this matter-

  Customer response

  09/27/2023

  Complaint: 20548158
  
  I am rejecting this response because:
  ************ has not only not fulfilled his contractual obligation for final payment. In addition, 38K is not owed. He has double charged us for rework, rework materials,  and damages caused by his contractors knowing this was a build at agreed price contract. He was absent for last 3 months of build leaving us to finish along with repeated absenteeism throughout build.  His oversight in ensuring the correct AC units went in remains uncorrected. Quote for 20K for 2 , 17 seer, heat pump units attached.  He has led us to believe since July that he was working on it. It has been our belief that he has no intention on making it right. 

  
  Kind Regards,
  ***** And *******************************

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