ComplaintsforCustom Home Elements Corp

• Initial Complaint

  09/15/2021

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I am 100% disabled veteran. CHE was contracted to modify my bedroom and bathroom to ADA as well as other home upgrades. CHE stated that they would be in and out of my home within 45 days; however, it has been over 70 days and I cannot use my master bedroom or bathroom as there is no toilet, sink, finished shower or tub. I have been continuously put off as they worked other job after they demo'd my home. the poor workmanship has been dismissed by Victor P******* as he continues to pass blame instead of completing the work that he state he would. Because he has bullied and threatened me to walk away, because I point out the unacceptable work. He has not tried to make things better he just seeks ways to avoid doing the job. I am willing to release him from the contract if he completes my master bedroom and bathroom as he is more than 30 days beyond the time that he should have been out of my home.

  Business response

  11/01/2021

  October 29, 2021 

  Dear Sir or Madam: 
  

  This firm represents Custom Home Elements Corp. with respect to the above-referenced matter. My client received a copy of the complaint from ***** ******. The complaint is without merit, and is fully disputed. 
  

  *** ****** is a customer of Custom Home Elements Corp. who has filed a series of unfortunate complaints with multiple agencies. She has complained to the Virginia Attorney General's office, to the Department of Professional and Occupational Regulation (DPOR) in Richmond, to the Veterans' Administration, and now to you. In general, she is exaggerating complaints regarding workmanship, complaining about delays or problems she herself has caused, and has prevented work from going forward. She has paid only $37,074.66 on a contract of $78,862.19. The work nevertheless is nearing completion, and we anticipate that *** ****** will be attempting to parlay her numerous complaints and objections into some sort of financial concession, so that she will not have to pay the unpaid balance owed on the contract. A graceful termination of the parties' relationship may be possible, so long as we can agree on payment. 

  Most of *** ******'s complaints are exaggerated; some result from misunderstandings, or possibly a lack of understanding of the scope of work, and acceptable tolerances in construction If you have specific questions about specific items beyond what we have explained in this response, please let me know, and we will see what additional information can be provided. My client takes great pride in its work, wants very much to be concluded with this matter, and does not want an unhappy customer, even a particularly difficult client. 

  With respect to the agreed resolution, my client has continued to perform work, to the extent that work has been allowed. The cabinets, for example, were delivered to the site, but ***  ****** would not allow them to be stored. Nor will she allow them to be installed, despite the fact that they were properly manufactured, are of high quality, and were exactly and precisely what she ordered and signed off for. She has objected to the cabinets and refused their installation. That has a ripple effect, and is preventing other work from moving forward. 

  With respect to the bathroom shelf, while it may be slightly pitched, my client believes it is within acceptable tolerances. If there is a problem with the bathroom shelf, it can be adjusted as a punch list item. Shelves in showers must be pitched slightly so that they do not hold water. 
  

  There was a dispute regarding a toilet; the toilet specified in the contract is no longer manufactured and has become unavailable. Since *** ****** filed her complaint, however, the parties have entered into an agreed change order regarding that item, which we believe is resolved. 
  

  With respect to other items, however, *** ****** made unilateral handwritten modifications to a change order (#4), after the fact, and transmitted it to the Veterans Administration. The handwritten alterations to the change order were never agreed by my client, and are not legitimate. To the extent *** ****** is trying to obtain performance of those particulars, that is unacceptable. I enclose a copy of the altered document; the portions labeled "veteran's statement" are the false alterations, 
  

  It goes without saying, moreover, that my client specifically rejects any accusation of bias, discrimination or retaliation. Those issues simply are not present, and are false excuses by *** ******, which serve only to aggravate a difficult situation on site. My client rejects out of hand any suggestion whatsoever of bias, discrimination or retaliation. 

  Again, my client takes great pride in its work, and believes that this complaint, as well as all of *** ******'s other complaints, are essentially unjustified, and an excuse to avoid payment. If we can provide any additional information to you, which would aid in a resolution of this matter, please advise. 
  

  Thank you for your consideration of these matters. 
  

  Very truly yours, 
  

  
  

  Customer response

  11/18/2021

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: 15869732
  
  I am rejecting this response because:

  Dear Sir/Maam,
  In response to Custom Home Elements (CHE) letter to you dated October 29, 2021 I am in no way confused about my project.  CHE demolished my marble bathroom to make it handicap accessible. It has been almost five (5) months and I still do not have a shower or sinks.
  The claim by CHE’s counsel is False. It is clear that either CHE is not be honest with the counsel or the counsel is not clear on the issue surrounding his client. I am a 100% total and permanent disabled veteran and do not in any way pay for this adapted project.  All payments are made by the department of Veteran’s Affairs.
  In reference to how much has been paid is based on the disbursement schedule which CHE and I signed.  CHE only received the $37K because they have not completed the work required in order to receive the next disbursement.  CHE’s counsel should read the contract before submitting fabricated mistruths.
  The cabinets that I will not accept and rightly so, is because they are not what I selected.  The pictures of the poor workmanship, the six county violations caused by Custom Home Elements, refusal to correct mistakes and other damages to include emotional distress is enough to explain the filings to the appropriate agencies.
  I have every right to add a statement to a change order that CHE created if I do not agree with the order.  CHe’s counsel cannot negate any harassment, discrimination, bullying or emotional distress as he was not in my home or in any area(s) to hear or see what was occurring.  Additionally, CHE’s counsel is not my doctor and cannot negate any diagnosis that I received.
  The issue remains that Custom Home Elements is not making any attempts to make things right.  The last time any work (which has to be redone) was attempted in my home is on October 28,2021.  It is obvious that CHE through their counsel is deliberately delaying the project and refusing to complete the work in the outline contract.
  

  Respectfully

  Business response

  11/30/2021

  November 29, 2021 

  Dear *** ******: 
  

  Thank you for your follow up email on the above-referenced matter. I believe we have previously addressed *** ******'s complaints, in detail. She may never be satisfied. My client very much wants for this project to be completed, and has no interest in dragging it out. The claims of "emotional distress," harassment, discrimination and bullying are categorically rejected, and serve only to aggravate a very difficult situation. My client takes great pride in its work, even with difficult customers, and hopes that this dispute may yet be resolved. 
  

  The parties remain at a stalemate, because *** ****** is refusing to allow the cabinets to be installed. The cabinets are exactly and precisely what she ordered and signed off for. There are several other minor items within the scope of work yet remaining to be performed, but they are dependent upon the cabinet installation. Until the stalemate is resolved, the job remains incomplete, and the punch list work cannot proceed. 
  

  My client has proposed two options: first, that *** ****** allow the cabinets be installed, so that the remaining work can proceed; or secondly, that the parties enter into a change order, if *** ****** wishes to order different cabinets now, specifically confirming that she would pay for those cabinets. Under the applicable Virginia regulations, a written change order is required for any change in the price, time, materials or scope of work. As we have indicated, the completion time frame would be substantially delayed, if new cabinets must be ordered and fabricated, which my client does not directly control. Someone must pay for the new cabinets, if the cabinet selection 
  is to be changed. 
  

  As of the date of this response, the stalemate continues. *** ****** has been made fully aware of these circumstances, and the ball remains in her court. If we can provide you with any other information, or if you have any other questions, please advise. 
  

  Very truly yours, 

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