ComplaintsforAtlantic Deck & Home Renovation Inc

• Initial Complaint

  12/29/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We began correspondence w/ Atlantic Deck in September of 2020 for an estimate on a deck project. *********************** at Atlantic told us in a conversation on 12/15 that he estimated the construction to begin in late March/Early April. We felt very rushed and pressured to submit the deposit because they would not put us on the "scheduling board" until they had received it, even though they would not be starting the project for a couple of months. on 1/11/21, *********************** (Atlantic Deck) told us that ****** construction does not look likely. *** is more likely at this time if we are able to receive the deposit and get you on the project board soon." We reluctantly wrote the check and Atlantic confirmed payment receipt (5% deposit of $4025.00) on 1/15/20 to complete deck construction in our backyard. I inquired about the project timeline again on 2/11 to which *********************** confirmed that construction would not happen in April and that they would begin in ***. A couple of months went by without any correspondence, so I reached out to ****** on 4/7 to make sure we were still on schedule for construction in ***. He responded on 4/9 saying that they are "in the process of submitting plans to the county for permitting. At this point, I'd still expect construction to begin at some point in May."A month later on 5/5 I inquired again about the start date and was told "we will assign a crew in a few weeks and then begin shortly thereafter". I inquired again on 5/13 and received the same response that they "should be getting started in a few weeks". On 5/18, I emailed my concerns again and was told that they were "still waiting on a permit". I became extremely frustrated about the constant delays and that we were now being held up by permits at this point and then emailed them about parting ways. I offered them half of my deposit for the correspondence, permitting and design work they had done and asked them to send me a check for $2012.50.

  Business response

  05/25/2022

  The Owner contacted us in early August 2020 to provide a design and proposal for a deck and porch at his home ********************* Round Hill, VA *********. Our first meeting was on 8/11/2020.  We spent a lot of time and energy creating 6 different designs and proposals beginning Sept 2020 - January 2021. The Owner agreed to move forward with the project on 1-11-21. He asked if we would consider accepting a 5% deposit instead of the standard 10% deposit, which we agreed to as a favor. It is an industry standard to secure a deposit upon signing a contract. At no point did we force his hand to enter into the contract. If the Owner chose to sign before he was fully committed to the plan or had his finances in order, it is only because we were very clear about the problems facing the industry due to Pandemic related issues.
  We submitted the contract for his review and signature and was returned to us with the deposit on 1/15/2021. Prior to submitting the contract, we did notify the owner of the updated estimated timeline based on the information we had at the time.  The contract states 12-14 weeks (weather permitting up to and including) approximate start from date of contract OR Homeowner association approval, whichever is to occur later. We never did received notification of Association approval. The approximate work time stated in the contract is 30-40 business days. Without considering the issues related to the Global pandemic, material shortages and all the weather impacts that spring (owner acknowledges/understands the weather issues in an email dated 5/15), this would have made an approximate completion date of early July 2021.
  Owner requested substantial structural changes to the project on 2/25/21, resulting in the need to produce new construction plans for submittal.
  Owner requested to submit application for $80,000 financing through ********* bank. Application was processed and approved for $16,000 on 5/10/21.
  Owner notified us on 5/15/21 that he was having his birthday party on June18th and did not want an ongoing construction site in his back yard for his birthday party. We notified him although we would be starting well before then, we could not guarantee completion by that date and asked if he prefer to wait until after his birthday party. 
  Owner notified us on 5/18 that he wanted to revise the scale of the project to save money. We agreed do so and asked for details on the revision of scale in mind. We also let him know this would require another construction plan revision and submittal.
  On 5/20/2021, I retuned a phone call from the Owner for what I assumed was a discussion on his reduced scale of project to save money due to the lack of approved financing. The Owner began by saying he found someone else to do the project cheaper and he would just prefer to cancel the contract. I said, that would not be a problem, but the deposit is nonrefundable (per the contract), and we have put extensive effort and have incurred expenses to date. The conversation ended with him calling me a “******* Piece of ****” as he hung the phone up on me.
  On 11/31/21 the Owner, reach out to us to inquire about providing a quote for additional work on his property. We declined to consider entering another contract with him because of his abusive language.
  
  *This is where we agreed to accept a 5% Deposit instead of a 10% standard deposit.
  Initial Non-Refundable Deposit: $    4025.00 (5% deposit) 10 % due on date of signed contract  
  Second Draw: $    36225.00 (rest of deposit added to this payment) 40% due on the start date 
  
  *In the event of cancellation by Owner, Owner Forfeits deposit + expenses incurred to date. We did not bill the Owner for any additional expenses as allowed by the contract.
  (8) CANCELLATION OF AGREEMENT:
  In the event of cancellation of this agreement, three days after date of Owner signature, by the Owner prior to commencement of construction, the Contractor is to receive compensation from the Owners for all expenses incurred to that date plus the non-refundable deposit of $ 4025.00.
  
  *The historical global deadly pandemic (Act of God) caused multiple issues. Permit offices closed and even upon reopening went from approx. 1 week review to several weeks to review permits. Global, Domestic and Regional supply chain issues were making it very difficult to secure materials, especially in the lumber and construction industries, that still exist today. Owner, requested on 2/25/21 a substantial structural change to the plans, resulting in the need for new plans to be created for submittal. Owner failed to pay his County personal property taxes creating on a hold on his account and resulting in a hold on his permit release.
  (10) EXTRA TIME:
  Contractor agrees to diligently pursue work through to completion, but shall not be responsible for delays of the following reasons:  Acts of neglect or omissions of Owner or Owner’s employees or Owner’s agent(s), Acts of God, stormy or in climate weather, strikes, lockouts, boycotts, or other labor union activities, extra work ordered by Owner, acts of public enemy, riot or civil commotion or war, inability to secure materials through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to make payments when due, delays caused by inspections or changes ordered by inspectors of governmental bodies concerned.

  Customer response

  05/26/2022

  [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: ********
  
  I am rejecting this response because the fact remains that this company failed to start my project after 5 months.  This was a poorly organized schedule and this company made commitments that they could not keep forcing me to look elsewhere.  The company owner has never taken responsibility for his unprofessional exchange with me on the phone and insists to tell about how his feelings got hurt without recognizing the poor communication and rude comments made on his part.
  
  Regards,
  
  *************************
  

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