ComplaintsforMiddleton Construction, LLC

• Initial Complaint

  02/14/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Contract for an inlaw suite to be constructed in our detached garage. Middleton construction has failed to make any progress or schedule subcontractors for over 2 months. Won't return calls to subcontractors or client.

  Business response

  03/06/2024

  We agree there have been delays. Our hope is the project is now moving at an acceptable pace for our clients. 

• Initial Complaint

  01/15/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I contracted with Middleton Construction in July of 2023 for a minor bathroom renovation due to a plumbing leak. I say minor because all appliances remained in the same locationthe original bathtub stayed, upgraded toilet in the same location, and the upgraded (larger) vanity stayed in the same location. The fiberglass shower was torn out and upgraded to tile. All floor tile was previously removed by another contractor due to water damage (I say all of this because, relatively speaking, minimal work needed to be done). The contract stated 6-8 weeks timeframe for completion. It has been six MONTHS and counting. Middleton has had 90% of the payment since the first month due to benchmarks reached as stated in the contract: 10% payment to schedule job, 40% payment when demo began, 40% payment when tile was grouted. That was five MONTHS ago. Work on the job has slowed down drastically since then. Calls and texts are ignored for days, sometimes weeks. Repeated no-shows are the norm. Apparently Middleton has a bad reputation with other companies as well, as ************************** (************) was very hesitant to work with me in picking out the vanity top when they discovered Middleton was doing the job. They mentioned difficulty communicating with him as well as him being negligent in his payments. She was very hesitant to share this with me, but shared I wasnt the only customer who contracted with him having these issues. When I shared with Middleton my disturbing experience, he said he didnt know what she was talking about. I havent even touched on the complete lack of attention to detail/job awareness. ONE example: I have a completed tile shower that had to have freshly installed tile knocked out in order to install the niche that they forgot about. The grout used for the addition was the wrong color! I now have a new shower ruined with two different grout colorstotally avoidable!

  Business response

  01/25/2024

  We agree the job gone pass the time frame we expected and are actively working with our client and contractors to resolve the issue as soon as possible. 
  

  As far as the comments regarding classic granite are concerned we do not believe the sales rep was referring to correct company as *********** is paid up front and therefore there could be no out standing balances with this company. Our records reflect the same 

• Initial Complaint

  08/08/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We contracted with Middleton Construction, LLC in Nov. 2022 to do an addition on our home which was to have a family room, dining room, master bathroom, master en-suite , master closet and a all Season porch. We were also to have out existing morning room turned into a butlers pantry and a new roof to math the existing house. The work began in January and was told it could take up to 6 months. Now here it is August 8 , 2023 and our project is not complete and much of the work will need to be redone. Throughout our project, there has been a low quality of work, unreasonable demands for more money, and a failure to deliver what was promised. The final straw was Middleton using unlicensed trades to install ******** windows and they were installed incorrectly and when Middleton Construction LLC used to put a railing on the back of the screen porch so no one would fall off and unfortunately my husband did .When these issues were brought to the attention of Middleton Construction, they refused to answer any phone calls or emails, which was a constant problem with Middleton Construction LLC. You could never reach anyone on the office phone or his cell phone. Not to mention there would be days or even weeks that we would see no one. Middleton Construction LLC hired roofers to do the roof and they damaged plants in our flower beds and damaged the light over the garage. I gave a invoice to Middleton Construction for reimbursement and they gave me a check the was returned to my bank for insufficient funds, . We will a complaint Attorney General against Middleton Construction and the ensuing complications. I am happy to provide all the documentation for this claim, but may need to do so in person as there are too many pages to upload. I plan to pursue refunds to re-do the work that has been done incorrectly and obtain necessary permits and subcontracting to licensed individuals myself. We have no confidence in Middleton Construction, LLC .and wouldnt recommend them to anyone.

  Business response

  08/18/2023

  This complaint is simply a copy and paste from the 12/2022 complaint on the BBB website. Not original thoughts. 
  We contracted with the ***** in 10/2022 and started the project in late  01/2023. We notified the family that to build the nearly **** sqft building, replace the roof on the exciting house, replace the siding on the existing house, replace the roof and siding on the shed, install the very large concrete patio out back, open two structural walls, and wait on the ******** widows could take 6 to 8 months to complete. In consideration of the 1 week delay on Sheetrock, the 2 weeks they were on vacation, the 3 week delay on the custom cabinets, we are still on schedule for the 6 to 8 month timeline. The project started off great although when the footings were to be dug the ***** called complaining that they mistakenly signed for the wrong set of plans and needed a refund. The day the foundation was laid they called stating they chose the wrong bricks. They then said when the tub arrived they accidentally singed for the wrong tub. There were multiple calls for discounts throughout the job. The subject concerning the bounced check we wrote for the flowers, we explained and corrected immediately. We have numerous accounts to keep track of money coming in and money going out. The account we use to pay refunds is its own account. We wrote ************** a check for ******* to satisfy the complaint that her flowers were damaged by the roofers. It was a clerical error that the money was not transferred to that account from our main account after issuing the check although the money issue was resolved the day after she notified us. The important part is that we paid ******* for flowers with question. While the client stated we had bad subs she failed to to mention that they refused to pay the the progress payment due the day electrical and plumbing trim out started. Once we notified them that we could not return to complete the project until the balance was paid, we received a text that Middleton was not allowed to return. That text was followed by an email where the ***** were demanding a stop work order on their project. We have recently learned that that the ***** are now calling our subs asking to pay them directly to finish the project. It is interesting that they commented on our subs while attempting to hire the same directly while withholding nearly ********* of our money. The ***** mentioned the windows being improperly installed but failed to mention that it was during the window installation when they refused to pay and we had to pull off the job. We are still seeking mediation with the client in an attempt to complete the job. As of today the ***** are refusing to pay and refusing to attend mediation. As for the comment we didnt answer for weeks at a time. The ***** called from 6:00 am to 11:30 pm Monday through Monday and mostly on Saturday and Sunday. We answered every single day although if they called 20 times and we missed missed 3 we would get text messages that our communication was terrible and that we would not talk to them. Simple not true. 
  
  
  We are saddened by their activities, refusing to pay, and coping an old complaint and using it for their own. Our hope is to have the ***** maintain their contract and allow us to finish the job. 

  Customer response

  08/22/2023

  I have so many documents that I am unable to download them.  I will be mailing the information to the BBB.

  Customer response

  08/22/2023

  Better Business Bureau:
  
  I have reviewed the offer and/or 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.
  
  [Provide details of why you are not satisfied with this resolution.]
  
  Regards,
  
  ***********************
  
  
  
  
  

  Customer response

  08/22/2023

  please see the financial spreadsheet that shows the out-of-pocket expenses that we had to pay to have our home completed.  Keep in mind that we already paid Middleton Construction to complete these items!

  Business response

  08/22/2023

  The comment is not true. We were unable to move forward as a result of client nonpayment and we are continuing to try and resolve this matter through arbitration as outlined in our contract. At this point the client has stated they will not pay the next draw and that they will not attend arbitration. Our hands are tied here. We honestly love this family and hope for the best in efforts to move forward in completing the most beautiful job weve had the privilege of doing in years. Clearly no company would return if they were not paid. We do not want to have this complication and hope and pray that it can be resolved quickly. 

  Customer response

  08/22/2023

  Better Business Bureau:
  
  I have reviewed the offer and/or 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.
  
  [Provide details of why you are not satisfied with this resolution.]
  
  Regards,
  
  ***********************
  
  
  
  
  

  Customer response

  08/22/2023

  We have contacted our Attorney and I'm sure that our Attorney will be contact Middleton Construction.  All facts that i have stated are ture!!!

• Initial Complaint

  12/01/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We contracted with Middleton Construction, LLC in May of 2022 to renovate our kitchen, which involved moving our washer and dryer upstairs, moving a bathroom, removing walls (and installing a beam), and completely gutting the kitchen. Our work was to begin in June and complete in August. It is now December 1 and our project is not complete and much of the work will need to be redone. Throughout our project, there has been a low quality of work, unreasonable demands for more money, and a failure to deliver what was promised. The final straw was Middleton using unlicensed tradesmen and putting our family at risk with fire hazards left in our home (via floor sanding bags filled with combustible material for 5 days). When these issues were brought to the attention of Middleton Construction, they refused to use different/qualified tradesmen as it would cost them additional money. Most of the tradesmen that they have used are not trusted crew that they have worked with in the past and it has cost us time, money, and quality. We have repeatedly received incorrect invoices and demands for more money for work to commence. We have already filed a complaint with **** and will also file a complaint with the ******** Attorney General (via the Consumer protection act) but wish to protect other consumers from doing business with Middleton Construction and the ensuing complications. I am happy to provide all the documentation to back up this claim, but may need to do so in person as there are too many pages to upload. I plan to pursue refunds to re-do the work that has been done incorrectly and obtain necessary permits to finish the project by acting as the ** and subcontracting to licensed individuals myself. We have no confidence in Middleton Construction, LLC or their subcontractors to do a safe and quality job in our home. Any advice and assistance that the BBB can provide would be appreciated.

  Customer response

  01/04/2023

  [A default letter is provided here which indicates that the business has not responded to you directly.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  At this time, I have not been contacted by Middleton Construction, LLC regarding complaint ID ********.
  
  Regards,
  
  *****************************************
  

  Business response

  08/18/2023

  Date Sent: 8/18/2023 12:50:43 PM
  

   

  We are saddened to see this complaint. We fought very hard for our client but unfortunately there were major changes and delays caused by the client that we could not overcome. While she did breach the contract multiple time we continued to move forward and attempted to overcome the difficulties.

  The client was extremely difficult and the claims in her report are simply untrue. 

  please our response below.

  1. 8/25/22 Client breached our contract by refusing to allow us to start **** portion ofthe contract with our vated contractor. The client hired her O w n and attempted to back charge us money
  2. Approximately 10/14/22 Client breached our contract by hiring her own electrician to install a light in the gargle of where we were contracted to do the electrical and caused us
  delays in painting. Furthermore, here electrician was Perfos mins work illegally under our ******************
  .3
  10/20/22 client breached our contract by refusing to pay the draw that was do after completion ofbathroom.The client only paid us $8000.00 of the $20045.00 that was listed on our contract. We were forced to go back 6days later and threaten to stop work if we did not receive the remaining $12045.00
  4.
  Approximately 8/23/22 client breached our contract by forcing us to not work on the wall
  removal while she brought in anothercontract (contractor friend from next door) to evaluate what we were doing. Note wealready a engineer letter and county permit however we were forced stand by for 4 hours were I lost a lot of money paying my guys to sit
  5.
  10/**/22 Client breached or contract by refusing to pay us the *******do after tile back splash
  6.
  11/8/22 the client breached our contract by hiring a new floorcontractor refusing to allow us t o correct and finish the hardwood flooring and additionally threaten to charge us for the company they decided to hire
  Note it was not until the 6th breach and blatantrefusal to paythat we stop returning
  
  B
  
  
  5/20/22 contract signed
  5/25/22 ***** with ****** Cabinets met with client in house
  6/14/22 ***************** meet client with ***** to talk about **** options
  6/2/22 client sent appliance specs to ****** Cabinets. Still not decided on cabinets 6/20/22 ******* and **** meet with client to talk regarding wall removal
  6/22/22 AMP Electric upgraded electric panel box to allow more breakers
  6/22/22 called engineer to requestopinion on wall removal and text client update on wall removal. Called ***** to see if he was going to arrive to meet client regarding, we room 6/27/22 ***** roughed in we room
  6/27/22 electrician arrived for wiring WD room
  6/24/22 sheet rock repair in washer dryer room
  6/24/22 text client to go to classic granite to select tops
  6/30/22 ***** workedon plumbing all day and left at 5:30.
  ON DELAY WAITING ON CLIENT TO MAKE DECISIONON CABINETS
  1/18/22 ****** cabinets sent text stating client still has not signed the proposed lay out
  7/9/22 client calledveryangrythatherold****systemwasnotcoolingand blaming our *34303232**36**3535*** fornot replacing it before thishappened.I assuredherthere'snoway we could have replaced that system in the short time we've been workingwithherasitisthe middle of summer, and all companiesarebookedoutmonths.Shebegant ogetemotional,and we offered to reimburse her the repair bill to help calm her down. Client stated she was going to callMikeRose ****
  719/22 client called complainingregarding****guycharginga165.00emergency fee. I assured her again that I would cover her repair. Notew ewerenotliablef o rthisrepairhowever theclientwasveryemotional, and we were attempting to bring her back down.
  7/9/22 Client hiredMike Rose independentlyt o charge her **** system.
  7/11/22 ***************** sent me the proposal for the new **** system
  7/11/22 Clientcalledveryupsetregardingthetimeline on the custom cabinets. I sued her there was littlewecoulddo to rushhisscheduleandthatw ewouldnotstartthekitchendemountil the cabinets were ready to be built as that would cause great inconvenience on the client. I called the cabinet shop to see if rush was possible.
  7/12/22 ***** arrived to finish WD room drain
  7/13/22 client meet with ***** at the cabinets shop
  7/13/22 ******* text client **** is down with COVID
  7/19/22 textednegativeforCOVIDandmeetclienttotalki nregardsabout the wall removal and future schedule. Client was verynervousactingduringthemeetingattemptingtorushthe presses. We discussed with the client the need to NOT demo the kitchen untilthecabinetwere ready.Shewaspressingthewallremovalpermit. Wetoldherseveraltimesthatweneededto open the wall and see the scope of work in order to draw the plans for the permit and cannot do that until the cabinets are ready. Client was getting upset, so we finally assured her the permit was good to go to bring her back down. We offered the client 3 choicesi nstylefort h ewindow. Double, triple, doublewithfixedcenter.clientcouldNOTdecideo nanoption
  1/19/22 client texted about upgrading the tub to a shower instead
  7/20/22 Client called regarding a typo in contract and asked if the tub allowancewas$6000.00 for the powder room. We explained it was a typo and the allowance was only $******. Client
  Page 1 of 6
  
  
   ************** REMODLE TIMELINE
  seemed very snarky about the error. We apologized again. Client became emotional and we told
  herw ewouldworkwithheri neffortt obringherbackdown.
  7/22/22 client texted requesting we text her the picture ofthe style of window she selected. We
  sent her the triple hung and double with fixed center however the manufacturer of the window is unknown at the time
  8/1/22 ****** cabinets sent text that client still hasnot signed the proposed lay out
  8/2/22 called client about cabinets tosee ifshe had decided yet. She seemed nervous to commit
  witha signature.
  8/3/22 ******* and **** met client to collect days o fdemo check as today we remove drywall
  for visual inspection to obtain engineer letter and permit and to collect cabinets deposit
  8/03/22 removed sheet rock in kitchen to dovisual inspection on wall and ceiling for preparation
  on framing permit. Called ***** the plumber to inspect pipe in theway of ****
  8/4/22 **** system arrived
  8/4/22 today was the client called over and over and over, we were busy and were trying to call
  her back in the afternoon. Client text asking if we had quit or gone onto witness project. Very
  odd, when I did call, she was very emotional that we had not answered her text 
  8/5/22 Client called cryingstating ************* wasreplacingher ****system fastenough and s h e f e l t l i k e w e were n o t consigned with t h i s j o b anymore. Conversation w a s very uncomfortablealthoughwekeptcalmandtriedtobringherbackdownclientsentmea screenof a text with **** stating he was a couple days out. I responded in a way I felt she would feel we wasconcerned.Itext"goodgriefthethingswithwiththeseguys....I willcheck"clienttext back "I know how it goes"
  8/5/22 clienttextthatplumbingproductswereonbackorder,andshecouldfindthemquicker thentheplumberandstatedherfamilywasgoingtoriotthebathroomwasn o tdonei n4t o6 weeks.Notethebathroomcannotstartuntilwallremovalandcabinetsaresquaredaway.We have been delayed waiting on cabinet selection and schedule. I agreed ot try and rush the process and to call theplumber to see what was taking a month to order. I talked to ******* and discoveredtheshowerp a nw a sa montho nbackordert od ocustomsize
  8/5/22 electrician hooked up dryeroutlet
  8/622 client text regarding price difference on tile shower vs panel wall shower
  8/7/22 texted client regarding price of tile shower isupgrade. Client calls and text from floor dcor
  8/9/22 reached out engineer on wall removal
  8/10/55 text client that engineer was scheduled for 8/10/22
  8/11/22 client text equipment was dropped of and that she very afraid the metal flu will cause a housefire. We called the client ands she was anxious on the phone and talking very fast stating I don't want a house fire. We agreed to change the system as she nervous although her fears were unwarranted.
  8/11/22 called ********************** **** concerns
  8/15/22 tire road on2 0 2 0 company reducing broke and could do house visit withclient
  8/**/22 received letter from engineer with specs onwall removal
  8/**/22 filed for inspection
  8/**/22 client texted she was bringing in her personal second opinion on the ***** "We text ok great". We are currently calling around to find a new **** company in effort to bring our client back down.
  Page 2 of 6
  
  
   ************** REMODLE TIMELINE
  8/18/22 framing wall permit approved
  8/19 /22 sent quote to move waste line over kitchen only is *******
  8/20/22 ***** rerouted the waste line in the kitchenceiling
  8/21/22 client contacted us in apanic that it was raining on the lumber outside. We assured herit
  waso k .
  8/22/22 sent client revised calculations on bean from engineer
  8/23/22 wall is kitchen was taken down and LVL installed. Note client a asked that we leave the
  little wall between kitchen a n ddining room
  client called her neighbor who is a contractor to comesupervise my work and give
  suggestions. This cost me many hours is wasted hourly pay to my guys
  T*IS IS A VIOLATION OF OUR CONTRACT AND A BREAC*
  8/24/22 ****** cabinets did official measurements ofkitchen after wall was removed
  8/25/22 client notified us to remove the **** unit that was deliveredas she was taking over thisparto fthecontract.Weexplainedshecouldnotbreakthecontractandthatw ewerebringing inanew****company. Clientstatedthatwasnotanoption. Weagreedatatablemeetingto moveforwardwith*37393832**32**3537*andt ocomebacklaterandregardingthemoneystillowedfor that portion o fthe contract
  BREAC* OF CONTRACT
  8/25/22 returned to remove small nonstructural wall between kitchen and dining room
  8/**/22 notified client we are bringing in Guess pluming to do the bathroom and water supply line
  9/2/22 framed in stairs topowder room
  9/6/22 contacted plumber and electrician
  9/7/22 LCS electric worked in kitchen, garage, dining room, and powder room
  9/8/22 LCS electric worked in kitchen, garage, dining room, and powder room
  9/9/22 called Plumber Near Me to provide quote. Quote was to high and we did not use 9/9/22 Guess ******** roughed in powder room and relocated water line in kitchen ceiling 9/10/22 delivered *ardwood to allow time to acclimate
  9/12/22 **************** washer and dryer to second floor a tclient's request
  9/14/22 still working to resolve clients concerns on **** and researching type of unit.
  9/14/** called guess plumbing to encourage him to hurry
  9/15/22 clientaskust omodifyheroldwasanddryertostackthemo ntopeachotherinnewW room. Weexplainedthatwedonotmodifyappliances. Clientstatedshewouldhireacompanyto do the work and hold that from our pay. Westatedthatwedonotofferrefundsandneverhadan argent with her to stack the units or to modify them and would not be responsible for a noutside company.Clawingbecameveryupset
  9/16/22 filling in hardwood patches client said "they look great"
  9/19/22 ***** text that he still has not seen acheck from the client and can't schedule until she Days
  9/20/22 install sheet rock in kitchen and powder room
  9/20/22 called inspector tofollow up
  9/22/22 sent the client Guess ******** number so she can call and discuss garage bathroom
  plumbing
  9/22/22 ******* and I came to meet inspector unfortunately missed him
  Page3 of 6
  
  
   ************** REMODLE TIMELINE
  9/22/22 ******* and Imet with client tohelp with filingplumbing permit in WD and Kitchen waste pipe
  9/24/22 working in bathroom to get ready for tile shower, working ********** 9/26/22 tile installed in bathroom shower
  9/27/22 installed hardwood patches in kitchen
  9/27/22 tile installed in bathroom shower
  9/27/22 remove cabinets
  9/28/22 install Sheetrock in kitchen
  9/28/22 we sent client pricing for upgrade on electrical as she was wanting to add many extra lights and outlets
  9/28/22 Oscor drywall Sheetrock mudin bathroom
  9/28/22 LCS electric worked in kitchen, garage, dining room, and powder room
  9/**/22 installed hardwood on stairsin ***********/30/22 LCS electric worked in kitchen, garage, dining room, and powder room
  10/3/22 client sent video ofdrainpipe with a leak. We advised to to not use hte pipe and wil call a plumber ASAP
  10/3/22 client ask about upgrading door. We sent someoptions 10/4/22 Cabinets are installed in kitchen
  10/4/22 ******* and I meet client today to talkwith inspector
  10/4/22 ***** with ****** cabinets text "Mrs * is at it again
  10/4/22 called classic granite to schedule tempting
  10/5/22 ******* met client to talkaboutthecontractforclassicgratin.Theclientsaid she is nervous signing the contract with herselections. Seems very unsettled on her selection. We offered her the opportunity to go back to classicandre-examine
  10/6/22 plumber work in kitchen today
  10/12/22 Oscor Drywall finish mud in kitchen and garage and powder room
  10/13/22 Oscordrywall finish mud
  10/13/22 called to empty dumpster
  10/13/22 ***** to clean up trash
  10/14/22 installed trim
  10/14/22 cancel Painting as client hired her own electrician to do the work in the garage that *************** had permitted and delayed our painter
  BREAC* OF CONTRACT
  10/14/22 worked in bathroom adjusting blue tape items 10/16/22 Oscor drywall to sanddrywall
  10/16/22 installed trim
  10/**/22 installed trim in dining room and kitchen
  10/**/22 painted kitchen, powder room, garage
  10/19/22 client sent request to upgrade and add crown molding 10/19/22 ***** to clean up *37393832**32**3537* trash
  10/18/22 painted kitchen, powder room, garage 10/18/22 sent client proposed schedule for completion
  10/**/22 sent client classic granitecontract. Client became nervous about signing and was attempting to refuse signing conditions oftheir selection.
  10/20/22 Mr ** ******** roughed in pluming and gas line for kitchen
  Page 4 of 6
  
  
   ************** REMODLETIMELINE
  10/23/22 sent clientpriceof adding crown molding. Client agreed ot the crown in the bathroom but not the rest o ft h e home
  10/26/22 Mr ** ******** roughed in pluming and gas line for kitchen
  10/27/22 Mr ** ******** roughed in pluming and gas line for kitchen
  10/27/22 Client expressed dissatisfaction in the window not being apella. We realized there was confusion on her part as we never actually settled on the maker ofthe window. We called to say we would call and order a new windowthat was a pella brand
  10/28/22 classic granite installed the tops
  10/28/22 Mr ** ******** roughed in pluming and gas line for kitchen
  10/**/22 Install tile backsplash
  PAYMENT DRAW SC*EDULED WIT**ELDby CLIENT> CURRENT BREAC* and never paid
  10/**/22 Replace siding over temporary window at kitchen to be removed after client decided on style of new pella window
  10/25/22 clientcall and was seemingly upset wanting to knowiftheelectricianmessedup the floor would*34303232**36**3535*** pay for it, we were confused on were thiswas comingfrom. 10/25/22 client received price update and only discrepancy with credit. She stated she was fine with all other charges
  10/**/22 client askedher allowance on the new2nd replacement we offered to buy
  10/**/22 Mr ** ******** roughed in pluming and gas line for kitchen
  10/**/22 looked at floor for 8 hours waiting in client to make a decision on stain upgrade
  11/1/22 looked at floor for 8 hours waiting in client to make a decision on stain upgrade
  11/1/2 Mr ** ******** roughed in pluming and gas line for kitchen
  11/2/22 looked at floor for 8 hours waiting in client to make a decision on stain upgrade
  11/3/22 client called to say she wanted to change her flooring to stain and not do clear coat as was in the contract. We agreed to do this
  11/3/22 looked at floor for 8 hours waiting in client to decide on stain upgrade
  11/4/22 looked at floor for 8 hours waiting ni client to decide on stain upgrade
  11/1/22 Mr ** ******** roughed in pluming and gas line forkitchen
  11/2/22 Sanding patches on hardwood floor
  11/7/22 ******* and Igot back in town tofind text and voice mails from client very upset over som replacement hardwood floor planks. Called client after 2:00
  11/8/22 we meet with both clients today to look at the floor patch they felt concerned with. It was difficult to tell but it seemed a small are ofpatch work had sone planks with minor knots mixed in. Weshowed compassion and suggested perhaps the bundle was a mixed bundle someone had returned on our guys didn't notice it until after it was sanded. We told the client
  that we will have thisare pulled up right away and replaced immediately. Mrs * was a bit snaky and stated no you had your chance now we will do the flooring ourselves and you can pay for it. We explained that is against contract and that we will fix the issue and make it right. The client
  stated that is not an option and they have their personal company retuning toredo the floor tomorrow. We stated that was a breach of contract as we do not work with outside contractors
  however ifthey do not was us to do the replacement ourselves, then we are happy to hire a licensed company that we are familiarwith. The clients said that is not an option. We then asked
  for time to consider what is happening here. The client said y'all take time to think and we do our own hardwood Wikileaks y'all think. Weleft the meeting telling the client weare not
  Page 5 of 6
  
  
   *OEBEL*EINRIC*REMODLE TIMELINE
  responsible for their floor company and apart from being another breach of contract that cost will fallon them
  BREAC* OF CONTRACT
  We contacted our attorney to notify him ofthe complications
  We were advised if the problem cannot be rectified tomaker sure communication is in writing
  11/10/22 we received atext at almost 7:00 pm on my personal phone "flooring will finish this week. We have not heard from you since Tuesday when you said you needed a day to think.
  Please respond with the next weeks schedule to resume work" I was at m y son's football practice and responded "moving forward please send all communication to
  moden@dticloInts g m a i l . c o m
  11/11/22 we sent an email requesting money that was not paid and stated as soon past due payments were paid, we would return to finish. Currently there were three breaches in our contract that the client total disregard our contract and in addition multiple bills gone unpaid and the additional threat ofhiringtheirown trades for work we were hired to do while threatening to charge us for said trades and refusing us the opportunity tomake right areas they were seemingly unsatisfied with. *34303232**36**3535*** has NEVER refused or delayed correct work that was not meeting their level of expectations however in all areas we were only proved oneshot and
  then they would hiresomeone new and demand we paid the price of who ever they found to do our work. Very unfortunate
  We have not heard from the client
  .
  C
  
  
  a.) When work is to begin and the estimated completion date
  1. We unable to provide these dates as the client demanded work to begin immediately before many major time sensitive items were confirmed. She
  attends that she needed to decide as progress was happening. While perhaps this is a code violation with the Board, this was certainly NOT dishonest practice with our client.
  Upon start ofwork, she was undecided on.
  1.
  Final decision on beam for wall removal
  2.
  Style and color of cabinets .3 *andles of cabinets
  4.
  Color of quartz tops 5. Design for bathroom
  e) Astatementthecontractorwillcomply with all local requirements for building permits, inspections, and zoning
  .1 Somehow this was deleted from our contract and I'm at alost on how we missed it. Nevertheless, I will address her claim, The client claims the wall removal framing permit was not pulled until after work began,however the following timeline for wall removal is as follows
  * 08-**-2022 stamped letter from our engineer stating proper LVL size that shall support the removal with point load verification noted and stampedand signed.
  * 8-18-2022 permit filed with chesterfield county with plans and stamped letter f r o mengineer
  * 8-22-2022 wall removed according to engineer after contacting chesterfield county building inspectors and receiving verbalconfirmation from chesterfield that framing was approved,upon demandof client
  # 8-24-2022 approved framing permit verification emailed to our company
  *10-11-2022 framing inspection passed
  3. The client states no permit was pulledon kitchen window replacement. *owever, we requested to pull the permit for the window replacement and frame it in with the wall removal
  Page 1 of 2
  
  
   Allegations Of violation to 18VAC50-22-260. #9 (a; e; i; j
  back in 8-18-2022 Our request was firmly denied by the client. ********************************* demanded that we wait until the new window arrived which was well after the wall removal. Once the new windowarrived the client expressed dissatisfaction in the window, we quickly agreed to reorder the window after the client decided on a new brand and size. The verbal agreement was to reinstall the new window and call for the permit after we had all the official details. It is worth noting that while the client did verbally agree she NEVER allowed us to get to this stage and we were therefore r not able to replace orcall in forthe permit (verbal agreement made to **** *3938383439343234*, ******* *3938383439343234*, *********************)
  ) statement providingthatanymodificationstothecontract, which changes the cost, materials.work to be preformed or estimated completion date must be in writing andsignedb y allparties.
  1. We do have achange order clause in our contract and :this claim is incorrect
  
  
  Page 2 of 2
  .
  
  
  D
  
  
  #** Making any misrepresentation ofmakingafalsepromisethat might influence, persuade, or induce
  1. Client claimed job was quoted at 6 weeks and that is incorrect. We could not provide a realistic timeline on her actual job as the client was extremely unsettled on manytimes sensitive items however, she strongly urged that we start immediately. Our general expectation on kitchen remodels is approximately 6 weeks considering all decisions are made and all products are available. None ofthese were the case with this situation. Additionally, this client not only could NOT decide about what she wanted; she constantly delayed my guys daily for hours upon hours making to changes to what they were doing on the job. On multiple occasions we received calls from our crews that they were considering walking offthe job. Ican't express the amount of time this delayed our progress
  2.
  Client claimed cabinet was under bid and that is highly incorrect. The contractclearly states 37 linear feet ofcabinets. The client later decided on over 50 feet and upgraded to 9 feet high, 2Atlantic pantry pull outs, 5pantry roll outs, spiceroll outs, 4stack draws, an over upgraded hood, double trash cans, 6 glass doors, **** dividers, wine racks, blind *****, knife blocks, 2large mullion doors, towel bar roll outs, and a silverware slider and an oversized island. non of this was in the contract or original quote. It is important to note the cabinets costmy company $38667.00 and we gave them to the client at near
  c o s t . only charging her $39970.00. Thatis about one third of a percent markup. ********* fora contractorto chargesucha lowpercentage,howeverw edid ingood faith.There was NO misrepresentation here and the only reasonforcostwastheclient adding 12 extrafeet of cabinets, an oversized island and selectingmajor upgrades
  through out.
  3.
  Client claimed we promised to install a Pella window and then turnedaround and purchased a cheaper window, this is incorrect. WeNEVER offered a brand of window, nor did wediscuss a "particular brand". We merely showed her an example ofawindow from Pella that we had onhand at the time (after the signing ofthe contract andNOT before therefore the job was in NO WAY sold on the promise ofapellawindow). The client verbally agreed to the ***** of window. We sent the exact information we showed her to our vendor ***************************** ******************* and Son, and heordered a
  silver star window that was not only comparable in quality but was very close in price (with in$400.00. Once the silver star window arrived the client expressed grave dissatisfaction thati t was not a pella window. We immediately offered to replace it with a Pella window FREE OF C*ARGE to accommodate. Theclient agreed and requested the silver star window be installed anyway to move forwardwith installation of the tile backsplash. She thenrequested that she be able to go to a pella location and explore
  Page 1 of 2
  .
  E
  
  
  RE: **************
  Allegations Of violation to 18VAC50-22-260. #**
  12/16/2022
  #** Contracting with an unlicensed or improperly licensed contractor or subcontractor in the deliveryo fcontracting services
  The client refers to us using
  1. Big Boy ******** who is ***** *************************** and si a Master Plumber License #**********
  2.
  The client then referred to ********************* and *************** and then contributed those two individuals to two different flooring companies as though that's who we hired. We did NOT pay those two companies. We paid ***** and Will.
  a. *34303232**36**3535*** LLC is licensed with two specialties, Residential
  Building ********** ****** and *ome Improvement ********** (*IC). Our *IC specialty provided us authority to install *ardwood flooringunder contract and as far as I'm aware we are permitted to pay anyone we hire an hourly rate or piece work toinstall hardwood flooring for our profit. We decided to pay ***** and ****** hourly rate to do thehardwood flooring install and finishing whilewe directly supervised their work. This is not a violation.
  3.
  The client then referred to ***************** however *********** NEVER performed work on her house under our contract orauthority, although the client did hire him for a repair and paid him directly out of her account, but we did NOT use him on her house to do any work.
  a.
  We initially called comfort first heating and air license #********** and our quote was based ontheir quote. They could not make ti to thisjob once we signed the contract and there were no available **** companies available to begin as a result ofit beingSeptember.Our Project Manager ***** found ***************** and brought him in. Once we found there was a problem, we removed ***************** and our projectmanager from our company. (The client in anger would not allow us to use another **** company and therefore breached our contract by deleting
  the **** service from our ability and called in her own **** company
  without our consent
  ..
  
  
  F
  
  
  ** Failure to obtain written change orders which are signed by both the consumer and the licenseeorhisagent,to an alreadyexisting contract
  1.
  The client claimed they were issueda stop work order and be demanded more money with out a change order. This is incorrect. There was only one stop work orders issued on this job. And one verbal threat of a stop work order
  a.
  b.
  The verbal threat to issue a stop work order was when we discovered the issue
  with *****************, and weattempted to bring in a new **** tech. The client refused to allow us to do what we were contracted to do therefore we issued a
  verbal threat to stop work order in response to their breach of contract. Work NEVER stopped and we held a table meeting to attempt to resolve the issue
  The second stop work order was in response to the hardwood floor whereby the client stoped us at 90 percent completion and would not allow us to finish. Additionally, there was an outstanding and passed due draw that they stated would NOT be paid. We were in our contractual right to stop work until payment was received. There was NOT one instance that we"simply stoped work and demanded money with out adequate causation"
  The following is our response to the clients claim that we over charged o radded chargeswith out singed change orders
  1. *3938383439343234* started adding charges because heunder bid the cabinets. NOT TRUE. As mentioned before the client highly upgradedthe footage of the cabinets as well as the special customization ofthe hood that she ordered twiceand many other upgrades. Out of good faith we only added a third ofa percent to the nearly $40,000.00
  cabinets. If we were looking to add cost, we could have marked the cabinets up 50% and made $20,000.00. *er claim is not logical.
  2.
  *3938383439343234* stated his $6000 allowance for the tub should have been $******. Correct. Who would give a$6000.00 allowanceonabathtub?Ofcourse,that was atypo.
  a. Later hecharged an additional $*******. Yes! Because the client asked for a tile shower instead of a bathtub and she also agreed to pay the additional ******* for setting materials and labor as this is an upgrade. This was agreed nearly week one and way before workbegin. She requested thechange and approved the change fee in the text. I'm not sure ****** would raise this
  nOW.
  3.
  *3938383439343234* charged more than 20 percent for granite. While I don't believe this is true, there isn orulestating wecan't charge25% ongranite to account for our time.
  a. As for our contract limiting what we charge, the wording in thecontract is only for "if the client requests ADDITIONAL work from a specialty tradesman at thej o bt h ****** will add af e e to that additional work. There is no wording that stateseverthis we do has a 20% cap.
  Page 1 of 4
  
  
   Allegations Of violation to 18VAC50-22-260. #**
  This complaint is incorrect math. *ere she states the contract for her **** was $******* and we then charged $10240.00 and that's because we added an addition 25 percent. The math here doesn't work as25 percent of $*******is $11875.00.
  *owever, that not what wecharged either. The truth is the original quote was for ******* on a********** ****BTU unit. That is NOTtheunit she ultimately picked and therefore due to upgrading to a Rheem 3-ton dual fuel total replacement system
  the cost was adjusted $740.00. To point out once again that while we did not charge
  25 percent mark up, our contract has NO language to prevent any mark up on materials or labor with exception that we do agree to onlymark up "addedservices" that happen during *37393832**32**3537*from a specialty contractor ifa client chooses.
  5.
  Invoice 9/**/22 included items not discussed.This is incorrect and **** *3938383439343234*, ******* *3938383439343234*, ******3938383439343234*, and ********************* were all witnesses)
  a.
  We were told $******* for waste line and water lines and charged *******. This is incorrect. She was quoted ******* for the waste line and an additional ****** for the water lines. We paid ***** $******* for the waste line and
  guess plumbing $900.00 for the water lines. This was not a change order situation; it was a work has started and theplumbers ran into a difficult
  routing problem that was unforeseen and the additional work required more money. In addition, our contract states "additionalcharges may be applied if further work is deemed necessary by our trade partners". Not unfair practice
  b. Charged to install shower provided enclosure for $500.00. This is a very good price. *owever, her claim that we stoped work that day is erroneous as we
  never stoped work that day and she never paid us $500.00 that day. *owever, the unit was installed. We simply asked ******* to wait on confirmation from
  the client on the price of install before installing the door. This is good business practice. ******* never left the house; he simply waited for us to call the client and discuss the additional charge to add the installation fee. While this conversationtook place ******* was busy working on other things at the job. The client verbally agreed to the fee over the phone otherwise we wouldn't have installed as ti was and added item. Not unfair practice
  c. Tie in hardwood where columns wereremoved verbal but not written. Thisi s notrequired to be written as we stated the cost for each tie in in ourcontract. It wasimplied in the contract the day she signed. Not unfair practice
  d. Rough in handheld sprayer for shower $350.00. She secretly requested this to the plumber with out our knowledge and we were billed accordingly.Not unfair practice
  e. Add additional light in garage for$150.00. She secretly requested this to the electrician with out our knowledge and we were billed accordingly. Not unfair practice
  4.
  Page2of4
  
  
   f
  Add upper cabinets lights $750.00. She secretly requested this to the electrician with out our knowledge and we were billed accordingly. Not unfair practice
  Allegations Of violation to 18VAC50-22-260. #**
  g.
  Tie in hardwood under island $******. This was clearly stated in the contract as a potential additional charge (hardwood tie in ****** each) not unfair practice
  h.
  Add 8 can lights for $1******. She stated that this was verbally provided, and she agreed. Not unfair practice
  .i
  j.
  Additional electric for appliances $1150.00. She stated this was verbally provided and she agreed. We were where unaware her appliances required special dedicated circuits but were notified by the electrician and we communicated accordingly. She stated she understood and agreed to the fee. This was another example of"if further work is deemed necessary by our trade partners. Not unfair practice
  *3938383439343234* agreed to change the invoice after the table meeting and never did but sent a new invoice instead. That is incorrect. The invoice dated
  (9/**/2022) had an error whereby the credit for $7000.00 for the **** was mistakenly entered into the wrong cell and was showing the charge instead of a credit. W e deleted this invoice and told her we would correct it. The invoice from (9/**/2022) was considered void due to the error. We corrected the error by sending a new price brake down on (10/23/2022)that reflected a $10240.00 credit for the ***** The new credit was greater than the last credit as we all agreed to shelf the actual amount and re-examine the amount
  owed to us by the client at a latter date in order to keep moving forward with *37393832**32**3537*.
  6.
  Client clams invoice dated (10/23/2022) is not a written or signed change order and basically reiterated the argument above
  7.
  Client address email from (11/11/2022) add on charges ******* discussed, agreed, or preformed via written change order.
  a. Charge of $500.00 to ****** cabinets was $450.00. Ourcontract states that we do add a fee to the cost provided by specialty contractors. This is not unfair practice
  300.00 to add sink filler. She secretly requested this to the plumber with out our knowledge and we were billed accordingly. Not unfair practice
  c. Instant hot water which was not totally installed. She secretly requested this to the plumber with out our knowledge and we were billed accordingly. The
  Page 3 of4
  
  
   d.
  c. f.
  plumber has not returned as the client will not agree to pay for the additional work. This is not unfair practice
  Client claims the charge of576.00to replace the base and shoe molding is unfair and alleged it was in the contract. This is incorrect. The hardwood floor price in the contract clearly stated, "Does not includemoving or relocation of furnitureReplace quarter round and baseboard". We were clear from the start that this was NOT included in our pricing
  Client claimedw e installed crown molding in her bathroom and did not
  discuss yet chargedher fortheservice. This is incorrect. She requested the
  cost of the crown; we provided the cost and she verbally agreed to it.
  **** profit loss for ******* was already credited ni full.As stated above the client was refusing to reach anumber on the amount our for the **** after breaching our contract and refusing us this part of the job. We returned the equipment and loss ******* on thereturn. Additionally, therewas approximately ******* built intoour profit for the replacement work. The client and *34303232**36**3535*** LLC agreed to shelf the final numbers in order to move forward at ourtable meeting on approximately (8/1/2022). The amount owed was NEVER fully removed since the client agreed to allow us
  to dothe replace in our contract and then refused to allow us to schedule a licensed **** tech during the busiest time of theyear. We were losing profit and that neededt o be reimbursed.
  Allegations Of violation to 18VAC50-22-260. #**
  Page 4 of 4
  
  
   3
  written or signed change order:
  worsetnadsecued chande ***** charges ntat wer not discused nor include a
  9 - relocate waste line in kitchen + water lines ********** charge of $*******. We were told via text it might be $3000 but never confirmed our
  agreement to pay and never received a written or signed change order b- Install shower provided enclosure charge of $500 (shower screen was purchased by homeowner on August 22nd. ********************* of *3938383439343234*
  *323238373937383836*** began installing it on September **, but stopped work abruptly that day claiming *3938383439343234* said we needed to pay an invoice
  which included this new charge.
  C~Tie in hardwood where columns were removed ($****) discussed
  2
  - Incorrectbidinitiallywhere*3938383439343234*mis-measuredthelinearfeetforcabinetry and his bid was considerably lower than it should be for the cabinet cost (this was
  disclosed to us in our table meeting on August 25th- see meeting minutes). We
  paid -$12,000 in overages for cabinetry and because *3938383439343234* supposedly did not profit on the cabinets he began adding costs in other places (contrary to our contract agreement of 15-20% markup) like **** and "add ons". We were never provided nor signed any written change orders and work would stop suddenly and we would receive an invoice anda demand for more money before work would
  resume.
  errors include:
  From original contract on May 20, 2022
  -
  $ 6 0 0 0 allowance included in contract for shower which was apparently =
  $600 and then later he texted $1000 would be fine (text on 8/7/22)
  4 -
  *owever, via the September **th invoice, charged an additional $**00 ($500 shower screen install and $**** tile shower- note that Ipurchased
  the tile myself)
  quartz was included in kitchen and wet bar line items in original contract,
  later told me $75 per square foot but again later stated a $3,000 allowance. September **th invoice said to take total charge from Classic granite and marble (which was $7**0.00) and subtract $3,000 allowance and then add his 15% charge which would have been $649.50 as the total quartz cost was $7**0.00. Invoice dated October 23rd said 20%
  for graniteinstead of 15% (which would be $866.00 on $7**0.00 cost) but actual charge listed on invoice was $1,673.00.
  **** on contract was for $9500 and was confirmed by *3938383439343234* via email on May 23rd and also via *3938383439343234*'s signature on contract at that
  line item on July 20th but later was charged $10,240 which was apparently (see meeting minute notes from August 25th) a 25% markup for ***36363939**39353438* even though our contract only allows a 15-20% markup
  From
  Clue
  
  
   Fre Clien
  verbally but never via a written or signed change order -Roughniforadditionhandheldsprayerni shower$350(wasalready installed at this time and not discussed as an additional cost at any time prior to this invoice)
  e - Add addition light in garage $150 no change order
  f- Add upper cabinets lighting $750 no change order
  g- Tie in hardwood where island is located (price is to set island and weave
  in around it) $600 not discussed and no change order
  h-
  Add 8 additional can lights (living room and dining room) $1680 - verbal conversation and agreed to $1600 but no change order in writing or signed
  -
  Additional electric for commercial grade appliances and added hot water heater $1150 - 3 20 amp circuits - 1 was already existing and there was no change order or verbal agreement for this even though appliance specs were shared via email on June 27, 2022
  3-
  after we received this invoice we held a table meeting at our home to discuss since the invoice was off by more than $7000 and stated that some of those charges were not agreeable to us. *3938383439343234* was to
  correct the invoice and return to discuss. That did not happen we just received another new invoice on 10/23/22
  6 - Invoice dated 10/23/22 entitled "*oebelheinrich price adjustment" (not a written or signed change order)
  - included "extra for cabinet upgrades"
  - extra for plumbing relocation in kitchen (adjusted to $3000 per
  conversation but still no change order)
  - extra for tile shower $1000 no change order - extra for hand held shower $350
  - extra for garage light $150
  - extra for upper cabinet lights $450 - extra for LR/DR lights $1680
  -
  - extra for appliance upgrade electrical $1150
  - our 20% per on granite $1680 (prior invoice stated 15% and amount was
  wrong either way
  - shower screen install $500 (already installed)
  - Blue note on this invoice also has incorrect numbers for "granite" Credit for **** was made at $10,240 on this invoice (but in the email dated 11/11/22 hvac was no longer credited in full
  MOV 18 2022 Email dated 11/11/22 has "add on" charges that were not discussed, agreed, or
  performed via a written and signed change order:
  .
  G
  
  
  ** Failure to obtain written change orders which are signed by both the consumer and the licenseeorhisagent,to an alreadyexisting contract
  1.
  The client claimed they were issueda stop work order and be demanded more money with out a change order. This is incorrect. There was only one stop work orders issued on this job. And one verbal threat of a stop work order
  a.
  b.
  The verbal threat to issue a stop work order was when we discovered the issue
  with *****************, and weattempted to bring in a new **** tech. The client refused to allow us to do what we were contracted to do therefore we issued a
  verbal threat to stop work order in response to their breach of contract. Work NEVER stopped and we held a table meeting to attempt to resolve the issue
  The second stop work order was in response to the hardwood floor whereby the client stoped us at 90 percent completion and would not allow us to finish. Additionally, there was an outstanding and passed due draw that they stated would NOT be paid. We were in our contractual right to stop work until payment was received. There was NOT one instance that we"simply stoped work and demanded money with out adequate causation"
  The following is our response to the clients claim that we over charged o radded chargeswith out singed change orders
  1. *3938383439343234* started adding charges because heunder bid the cabinets. NOT TRUE. As mentioned before the client highly upgradedthe footage of the cabinets as well as the special customization ofthe hood that she ordered twiceand many other upgrades. Out of good faith we only added a third ofa percent to the nearly $40,000.00
  cabinets. If we were looking to add cost, we could have marked the cabinets up 50% and made $20,000.00. *er claim is not logical.
  2.
  *3938383439343234* stated his $6000 allowance for the tub should have been $******. Correct. Who would give a$6000.00 allowanceonabathtub?Ofcourse,that was atypo.
  a. Later hecharged an additional $*******. Yes! Because the client asked for a tile shower instead of a bathtub and she also agreed to pay the additional ******* for setting materials and labor as this is an upgrade. This was agreed nearly week one and way before workbegin. She requested thechange and approved the change fee in the text. I'm not sure ****** would raise this
  nOW.
  3.
  *3938383439343234* charged more than 20 percent for granite. While I don't believe this is true, there isn orulestating wecan't charge25% ongranite to account for our time.
  a. As for our contract limiting what we charge, the wording in thecontract is only for "if the client requests ADDITIONAL work from a specialty tradesman at thej o bt h ****** will add af e e to that additional work. There is no wording that stateseverthis we do has a 20% cap.
  Page 1 of 4
  
  
   Allegations Of violation to 18VAC50-22-260. #**
  This complaint is incorrect math. *ere she states the contract for her **** was $******* and we then charged $10240.00 and that's because we added an addition 25 percent. The math here doesn't work as25 percent of $*******is $11875.00.
  *owever, that not what wecharged either. The truth is the original quote was for ******* on a********** ****BTU unit. That is NOTtheunit she ultimately picked and therefore due to upgrading to a Rheem 3-ton dual fuel total replacement system
  the cost was adjusted $740.00. To point out once again that while we did not charge
  25 percent mark up, our contract has NO language to prevent any mark up on materials or labor with exception that we do agree to onlymark up "addedservices" that happen during *37393832**32**3537*from a specialty contractor ifa client chooses.
  5.
  Invoice 9/**/22 included items not discussed.This is incorrect and **** *3938383439343234*, ******* *3938383439343234*, ******3938383439343234*, and ********************* were all witnesses)
  a.
  We were told $******* for waste line and water lines and charged *******. This is incorrect. She was quoted ******* for the waste line and an additional ****** for the water lines. We paid ***** $******* for the waste line and
  guess plumbing $900.00 for the water lines. This was not a change order situation; it was a work has started and theplumbers ran into a difficult
  routing problem that was unforeseen and the additional work required more money. In addition, our contract states "additionalcharges may be applied if further work is deemed necessary by our trade partners". Not unfair practice
  b. Charged to install shower provided enclosure for $500.00. This is a very good price. *owever, her claim that we stoped work that day is erroneous as we
  never stoped work that day and she never paid us $500.00 that day. *owever, the unit was installed. We simply asked ******* to wait on confirmation from
  the client on the price of install before installing the door. This is good business practice. ******* never left the house; he simply waited for us to call the client and discuss the additional charge to add the installation fee. While this conversationtook place ******* was busy working on other things at the job. The client verbally agreed to the fee over the phone otherwise we wouldn't have installed as ti was and added item. Not unfair practice
  c. Tie in hardwood where columns wereremoved verbal but not written. Thisi s notrequired to be written as we stated the cost for each tie in in ourcontract. It wasimplied in the contract the day she signed. Not unfair practice
  d. Rough in handheld sprayer for shower $350.00. She secretly requested this to the plumber with out our knowledge and we were billed accordingly.Not unfair practice
  e. Add additional light in garage for$150.00. She secretly requested this to the electrician with out our knowledge and we were billed accordingly. Not unfair practice
  4.
  Page2of4
  
  
   f
  Add upper cabinets lights $750.00. She secretly requested this to the electrician with out our knowledge and we were billed accordingly. Not unfair practice
  Allegations Of violation to 18VAC50-22-260. #**
  g.
  Tie in hardwood under island $******. This was clearly stated in the contract as a potential additional charge (hardwood tie in ****** each) not unfair practice
  h.
  Add 8 can lights for $1******. She stated that this was verbally provided, and she agreed. Not unfair practice
  .i
  j.
  Additional electric for appliances $1150.00. She stated this was verbally provided and she agreed. We were where unaware her appliances required special dedicated circuits but were notified by the electrician and we communicated accordingly. She stated she understood and agreed to the fee. This was another example of"if further work is deemed necessary by our trade partners. Not unfair practice
  *3938383439343234* agreed to change the invoice after the table meeting and never did but sent a new invoice instead. That is incorrect. The invoice dated
  (9/**/2022) had an error whereby the credit for $7000.00 for the **** was mistakenly entered into the wrong cell and was showing the charge instead of a credit. W e deleted this invoice and told her we would correct it. The invoice from (9/**/2022) was considered void due to the error. We corrected the error by sending a new price brake down on (10/23/2022)that reflected a $10240.00 credit for the ***** The new credit was greater than the last credit as we all agreed to shelf the actual amount and re-examine the amount
  owed to us by the client at a latter date in order to keep moving forward with *37393832**32**3537*.
  6.
  Client clams invoice dated (10/23/2022) is not a written or signed change order and basically reiterated the argument above
  7.
  Client address email from (11/11/2022) add on charges ******* discussed, agreed, or preformed via written change order.
  a. Charge of $500.00 to ****** cabinets was $450.00. Ourcontract states that we do add a fee to the cost provided by specialty contractors. This is not unfair practice
  300.00 to add sink filler. She secretly requested this to the plumber with out our knowledge and we were billed accordingly. Not unfair practice
  c. Instant hot water which was not totally installed. She secretly requested this to the plumber with out our knowledge and we were billed accordingly. The
  Page 3 of4
  
  
   d.
  c. f.
  plumber has not returned as the client will not agree to pay for the additional work. This is not unfair practice
  Client claims the charge of576.00to replace the base and shoe molding is unfair and alleged it was in the contract. This is incorrect. The hardwood floor price in the contract clearly stated, "Does not includemoving or relocation of furnitureReplace quarter round and baseboard". We were clear from the start that this was NOT included in our pricing
  Client claimedw e installed crown molding in her bathroom and did not
  discuss yet chargedher fortheservice. This is incorrect. She requested the
  cost of the crown; we provided the cost and she verbally agreed to it.
  **** profit loss for ******* was already credited ni full.As stated above the client was refusing to reach anumber on the amount our for the **** after breaching our contract and refusing us this part of the job. We returned the equipment and loss ******* on thereturn. Additionally, therewas approximately ******* built intoour profit for the replacement work. The client and *34303232**36**3535*** LLC agreed to shelf the final numbers in order to move forward at ourtable meeting on approximately (8/1/2022). The amount owed was NEVER fully removed since the client agreed to allow us
  to dothe replace in our contract and then refused to allow us to schedule a licensed **** tech during the busiest time of theyear. We were losing profit and that neededt o be reimbursed.
  Allegations Of violation to 18VAC50-22-260. #**
  Page 4 of 4
  
  
   3
  written or signed change order:
  worsetnadsecued chande ***** charges ntat wer not discused nor include a
  9 - relocate waste line in kitchen + water lines ********** charge of $*******. We were told via text it might be $3000 but never confirmed our
  agreement to pay and never received a written or signed change order b- Install shower provided enclosure charge of $500 (shower screen was purchased by homeowner on August 22nd. ********************* of *3938383439343234*
  *323238373937383836*** began installing it on September **, but stopped work abruptly that day claiming *3938383439343234* said we needed to pay an invoice
  which included this new charge.
  C~Tie in hardwood where columns were removed ($****) discussed
  2
  - Incorrectbidinitiallywhere*3938383439343234*mis-measuredthelinearfeetforcabinetry and his bid was considerably lower than it should be for the cabinet cost (this was
  disclosed to us in our table meeting on August 25th- see meeting minutes). We
  paid -$12,000 in overages for cabinetry and because *3938383439343234* supposedly did not profit on the cabinets he began adding costs in other places (contrary to our contract agreement of 15-20% markup) like **** and "add ons". We were never provided nor signed any written change orders and work would stop suddenly and we would receive an invoice anda demand for more money before work would
  resume.
  errors include:
  From original contract on May 20, 2022
  -
  $ 6 0 0 0 allowance included in contract for shower which was apparently =
  $600 and then later he texted $1000 would be fine (text on 8/7/22)
  4 -
  *owever, via the September **th invoice, charged an additional $**00 ($500 shower screen install and $**** tile shower- note that Ipurchased
  the tile myself)
  quartz was included in kitchen and wet bar line items in original contract,
  later told me $75 per square foot but again later stated a $3,000 allowance. September **th invoice said to take total charge from Classic granite and marble (which was $7**0.00) and subtract $3,000 allowance and then add his 15% charge which would have been $649.50 as the total quartz cost was $7**0.00. Invoice dated October 23rd said 20%
  for graniteinstead of 15% (which would be $866.00 on $7**0.00 cost) but actual charge listed on invoice was $1,673.00.
  **** on contract was for $9500 and was confirmed by *3938383439343234* via email on May 23rd and also via *3938383439343234*'s signature on contract at that
  line item on July 20th but later was charged $10,240 which was apparently (see meeting minute notes from August 25th) a 25% markup for ***36363939**39353438* even though our contract only allows a 15-20% markup
  From
  Clue
  
  
   Fre Clien
  verbally but never via a written or signed change order -Roughniforadditionhandheldsprayerni shower$350(wasalready installed at this time and not discussed as an additional cost at any time prior to this invoice)
  e - Add addition light in garage $150 no change order
  f- Add upper cabinets lighting $750 no change order
  g- Tie in hardwood where island is located (price is to set island and weave
  in around it) $600 not discussed and no change order
  h-
  Add 8 additional can lights (living room and dining room) $1680 - verbal conversation and agreed to $1600 but no change order in writing or signed
  -
  Additional electric for commercial grade appliances and added hot water heater $1150 - 3 20 amp circuits - 1 was already existing and there was no change order or verbal agreement for this even though appliance specs were shared via email on June 27, 2022
  3-
  after we received this invoice we held a table meeting at our home to discuss since the invoice was off by more than $7000 and stated that some of those charges were not agreeable to us. *3938383439343234* was to
  correct the invoice and return to discuss. That did not happen we just received another new invoice on 10/23/22
  6 - Invoice dated 10/23/22 entitled "*oebelheinrich price adjustment" (not a written or signed change order)
  - included "extra for cabinet upgrades"
  - extra for plumbing relocation in kitchen (adjusted to $3000 per
  conversation but still no change order)
  - extra for tile shower $1000 no change order - extra for hand held shower $350
  - extra for garage light $150
  - extra for upper cabinet lights $450 - extra for LR/DR lights $1680
  -
  - extra for appliance upgrade electrical $1150
  - our 20% per on granite $1680 (prior invoice stated 15% and amount was
  wrong either way
  - shower screen install $500 (already installed)
  - Blue note on this invoice also has incorrect numbers for "granite" Credit for **** was made at $10,240 on this invoice (but in the email dated 11/11/22 hvac was no longer credited in full
  MOV 18 2022 Email dated 11/11/22 has "add on" charges that were not discussed, agreed, or
  performed via a written and signed change order:
  .
  
  
   Allegations Of violation to 18VAC50-22-260. #**
  possible upgrades for the next window, we agreed and stated that WE WOULD PAY for thewindow up to $1300.00 and she could pay for any additional upgrades. We later sent atext reminderthatwewillb einstallingthenewpellawindowas confirmation that we were willing and trying to make it right (text sent on oct *****). The client responded "Ok Great! Thank you!" There was NO misrepresentation here.
  4.
  The client claimed we installed less then premium hardwood flooring in a very small area of the kitchen. This is incorrect and while we do agree with the client that a few planks looked to have been mixed in the bundle by the manufacture in error, we also stated multiple times that we would tear up the entire area and replace it on our dollar. The clientangrily refusedt o allow us torepair the flooring and hired their own floorcompany without our consent and against ourcontract. Additionally on our last meeting they made clear their intent was come after us financially toreimburse them for the funds o fthe
  floor replacement. After requesting time to consider the weight of their decision and
  being refused the opportunity, we then stated we will NOT pay a company of their choosing as this is our obligation to fix and that we do not work with outside contractors as stated in our contract. This was the last time we saw the client and lead to our STOP WORK ORDER. There was NO misrepresentation here andi nfact the only violation was the client refusing to allow us to correct a minor issue and committing a third breach of contract by bringing intheir own contractor t odo the work we had been hired to preform.
  5. Client claims her project isway behind schedule and way over budget. That is incorrect. As seen on our timeline, she took nearly a month to decide on the **** unit. Nearly months to decide on the custom cabinets, three weeks to decide on the beam in her
  ceiling after we had installed it, the **** company she hired on her first breachset us back an additional month while we waited onthem toswap out the old units, we spent 7 days standing still while she thought about what color to stain the floor, begging the day wewere scheduled to do final sanding (NOTE the contract stated clearcoat andno stain. This was another delayed undecided change that she madecausing delays), ****************** spent 8 days on the job waiting for her to select locations of where the lights were to go even though placements had already been made. These delays accounted for nearly 6 months in delay that we could NOT move or make any progress. Therewas NO misrepresentation fromour company and every delay was caused by the clientschanging her mind continually and failingt o be able to decide on any item while asking us to hurry up and wait.
  .
  *
  
  
  RE: **************
  #** Not pulling permits before work begin
  1. *34303232**36**3535*** LLC can not pull plumbing permits. This is the responsibility of
  12/16/2022
  the plumber. We were under the assumption all permits were pulled and once we
  discover the permit was not pulled for the washer and dryer room and the kitchen piper
  relocation, we immediately contacted **** and Chesterfield County. The advice was
  given to ** to see if another plumber would come inspect and pull the permit or talk with
  the client and see if she would like to pull the permit. We wereunable to find another
  plumber to take responsibility on the plumbing so we asked the client if she would be interested. The client agreed and **** *3938383439343234* and ******* *3938383439343234* meet the client in her house and walked her through the permit filling stage. Weprovided herwith $S00.00 to help compensate her time. Both the washer dryerroom and the pipe relocation passed inspection. This was an error that *34303232**36**3535*** quickly and effectively resolved with o u trequest.
  No permit to Reroute plumbing through out August and September. *ere the client is refereeing to the above statement a second time to seemingly suggest there was multiple offenses. This is the washer and dryer room and the kitchen pipe that we just answered. Both werepermitted and passed inspection.
  .3
  No permit for window replacement. This is because the client was unhappy with the
  window we purchased and wanted a Pella instead. We agreed to pay for the second windows and get it ordered. She then said she wanted to upgrade that pella window but
  for us to install the purchased window temporarily. We installed the windows temporarily but didn't pull the permit because the official window had not been determined b ythe
  client. We didn't know what to include in the plans of the permit until she decided on the official window that she wanted. The decision was never made, and thepurchased windows is still waiting to be replaced
  4.
  Client claims wall was removed without permits. The following is the actualtimeline of wall removal and provesher claim to be incorrect.
  a.
  (08/03/2022) Removal of Sheetrock to inspect wall's structure and ceiling. No permit was pulled yet because observation had to be made in order to determine
  the method ofaction. This is where we discovered problems in removing the wall do to electrical and plumbing in the ceiling as well as redirecting of floorjoist that caused an issue. It is important to note that wecouldN O T begin the wall removal
  inspection before this date as the process ofthe client picking cabinets was not moving and we did NOT have an official projected cabinet installdate before this date.
  (08/03/2022) We called *********************** to move the pipe in the kitchen so wecould work on moving forward with the **** *e arrived that afternoon to evaluate but was unable to do the work until (8/20/2022)
  c.
  On (08/**/2022) we received the first letter from our engineer.
  Page 1 o f 2
  
  
   RE: **************
  COMPLAINT FILED WIT* VIRGINIACONSUMER PROTECTION ACTBY T*E CLIENT
  il.
  difference in the hardwood on a very small area of the floor. We did NOT argue the issue. We notified the client there may have been a bundle that was missed placed by the supplier and added in. We happily notified the client that we would replacet h e mismatch pieces. The client refused the option. We then stated that we would hire a flooring company to come rectify the situation.The client refused us this option. We NEVER misrepresented the hardwood or chose acheeped option. Wenoticeda possible errori n the installation and offert o resolve. There has NOT been one moment we refused to offer a correction.
  The client statedwe punched an 80 percent efficiency 3-ton **** instead of
  the 90 percent 2.5 Ton. This is not misrepresentation. She had a conversation with ********************** and according to her research selected the 80 percent 3- ton unit. After she expressed dissatisfaction in the unit we happily offered to replace and find an e wlicensed****company. The client refused us this right and would not allowu s to fulfill our obligations according to our contract. Moreover, our contract was signed with a ********** **** BTU ductless outdoor unit. Not the 90 percent 2.5 ton she stated should have been installed. It cannot be claimed and misrepresentation when the contract did not specify that unit
  12/16/2022
  .1 Misrepresentationo f goods and using cheaper alternativest h e n what was agreed upon
  a. Please note NONE of the items the client listed were used to sell the job. Additionally, all three complaints we attempted to solve by replacement and were denied the opportunity.
  1.
  The client stated that we had agreed on a Pella windowfor her kitchen. This is incorrect. We sent the client some options thatw e had on hand. She selected a trip double hung from the option. We contacted ***** andRC ******* with the
  request to order. ***** did not respond, and RCGoodwyn did.We went with the windowf r o m *******************. This was NOT misrepresentation or misleading as
  the contracted signed on (07/20/2022) simply stated replace window and NO brand was offered. The client signed we won the Job without promise of ****** window. The client did not select the window until (08/2/2022) with a text "this is the window I want". We never agreed to provide a Pella window. There is no
  contract that stated we promise to provide a Pella window. The client assumed it would be ***** and we quickly responded by stating we are happy to reorder the window as a Pella window. While we never made the promise to order a Pella, we did happily and without resistance offer to replace the window free of charge w i t h the Pella that she wanted. *owever, the client has refused us the opportunity and is now claiming misrepresentation. It cannot be claimed as misrepresentation when did not promise a Pella window but we did offer to reorder the window as a Pells. Very unfortunate.
  i.
  The client claimed we installed common oak patchedinsteadof clear grade. This is misleading one the client's behalf. We responded to a complaint with the hardwood where the client called us to the house and stated she noticed a
  Page 1 of 2
  
  
   COMPLAINTFILED WIT* VIRGINIACONSUMER PROTECTION ACTBY T*E CLIENT
  she claimedshould have been selected and that actual unit was NOT used to sell the job. Lastlyi tcannot be claimed misre
  
  
  ..
  
  
  J
  
  
  RE: **************
  12/15/2022 *********************** (MPL.B) Licensenumber ********** ********************* (GFC) (PLB) License number **********
  Guess ******** Services (GFC) (PLB) License Number **********
  Comfort First *eating and Air (ELE) (*VA) License Number **********
  **** was bido n this comparyhowever they were unable to do thejob once we started. No work was done by this company, only the bid
  ************************* (M*VA) License Number ***********
  Client specifically referred to him as "works for the prison" asi f to ****** his value in some way
  Amp Electric (ELE)License Number **********
  *************************** (JELE) (MELE) License Number ********** *********************** (****) License Number **********
  The reason for such a great number ofthe same trades is the client was never happy with any of them. She would complain greatly, and we would attempt tobring her down bycalling in another professional. Unfortunately, our effort were not successful.
  
  
  
  K
  
  
  RE: ************** Client stated the following:
  .1 "The use of *ardwood Reworked and Flawless floor involved leaving fire hazard at our home against safety standard for 5 days and causing permanent damage to our floors (floors have been sanded 3 times, significantly limiting the life ofourhardwood floor investment) and requiring us to pay to have the patches pulled back up and all work redone at our own cost."
  2.
  The claim that anyone left a fire hazard in the client's home is false. The client is referring to the ******* andclaiming the bags were left full ofsand and set in the garage where they accordingt o hercould have spontaneously combusted. This is simply NOT the case.
  b.
  The claim floors have been sanded 3 times and significantly limited the life of her hardwood is NOT the responsibility of*34303232**36**3535*** as we provided 1 sand job before being removed from the job. *ad webeen permitted to stay we would have done a final fine sanding before applying the finish. In this matter the homeowner with our constant brought in a new company on her own and any additional sanding ordeep sanding made by this company or any damage to the hardwood is between the client and the company she brought in.
  c.
  The claim they were required to pay a new company is ludicrous. ******* *3938383439343234* and I made extremely clear that we stand behind everything that we do and if the client was not willing for us to finish the floor, then we willhire a
  licensed company that we were able to vet. The client refused us this opportunity after finding one minor potential flaw.
  The use of *********************** of big boy plumbing caused a leak in the drain the pipewhich allowed wastewater to drip onto our kitchen from October 3rd when it was modified by ***** (a subcontractor for framing) until it was repaired by ******* plumbing on October 6
  a.
  a.
  b.
  The claim wastewater ran into the kitchen. Our contract clearly states that areas under *37393832**32**3537* are off limits. I'm not sure why the client was using a pipe in the *37393832**32**3537* area. That area was considered off limits. When were notified we had aleak we warned the client DO NOT use that pipe as it iso f flimits asits part of the remodel we are doing in the kitchen. Furthermore, our contract states that if the client uses areas under *37393832**32**3537* they do so attheir own risk.
  ***** is not a framersubcontractor. *e is the fellow that we pay an hour rate *** o
  remodel work which included framing, demo, installation, and many other things. *e did not modify the pipe; he was working on the wall the clue fitting broke.
  10fz
  
  
   Allegations from client ofpoorworkmanship provided by *34303232**36**3535*** LLC
  The pipe had no water in it until the client stated using the pipe against our best warning not to.
  c. From October 3dr until October 6. Again, the pipe would NOThave leaked for
  3 days except for the fact the client persisted to ignore our waning and continued to use the pipe. It is a drainpipe and has no water it unless the client
  runs water through it. And she did and we continued to warn her to STOP as it was considered off limits in the*37393832**32**3537* zone. We called ever plumber available and were able to have a company in there resolving the issue with in days to our commitment to always MAKE TI RIG*T.

  Customer response

  08/23/2023

  Better Business Bureau:
  
  I have reviewed the offer and/or response made by Middleton Construction, LLC in reference to complaint ID ********, and the response does not resolve my complaint.  The company not only did not make an offer to attempt to "Make It Right" as their slogan suggests or solve the multitude of issues, but instead wrote a poorly composed, false, and lengthy response that is devoid of solutions.  This company also has violations that are being disciplined by the ******** ********** of ************ and Occupational Regulations and many unpaid bills with clients and subcontractors throughout ********.  I hope all future consumers will research these violations through the **** website and see their BBB complaints and as a result will not be harmed by the dishonest Middleton Construction LLC owners.  I am happy to provide further documentation of these allegations, if needed.  Thank you for your attempts to mediate these dishonest business practices and protect consumers, BBB.  
  
  Regards,
  
  *****************************************
  
  
  
  
  

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