ComplaintsforHermeyer Home Remodel LLC

• Initial Complaint

  03/15/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Ive been having a garage built in my yard and am having some communication problems with my contractor, Hermeyer Home Remodeling of ********, **********, with ******** Hermeyer.On January 31, 2024, HHR and I signed a new agreement. See February 2024 signed agreement.In February, HHR had to leave town on a family emergency and left three construction workers to frame. I understand that he had emailed to them a version of the plans. I left paper City-approved plans on my porch. It seems that with the general contractor out of town, the workers built the wrong thing. I have paid him $42,000 for framing and roofing, per the February 1 agreement. There is no roofing and the framing is wrong.On February 2, *** wrote that all my plans are the same and that I could leave outside either set for his workers. That email proves that *** had read through both sets, and didnt understand the difference. See February 2 email.*** has asked for full payment, for a building that isnt finished, and is threatening **** would like HHR to correct the mistake and to finish the building per the signed agreement. The retaining wall built by and then damaged by HHR needs replacing. The property needs to be cleaned uprubbish removed, a pit filled in. HHR was supposed to build a staircase to the highest point of my property. There is no siding on the building. Enclosed detached garage is in the first paragraph of the contractI do not have that in my yard. Somebody has to remove the incorrect framing, *** himself said it would be about $9000.It can be seen above that I am owed $42,000 refund. Also, the previous paragraph mentions items for which I dont have a current price. Shall I get another bid, or will HHR finish what he contracted to do?

  Business response

  03/18/2024

  I have carefully read over the dispute of *********************** and find that many if not all of his complaints are untrue and can be proven per our contract or exchange of emails.
  
  Our new contract signed on 02/01/2024 includes many of the change orders not included in the first draft of our contract as there were many issues that the architect had not included in the original bid and had to be added (change orders). The disputed amount $109,500.00 is the entire amount of the first contract. The new total of the most recently signed contract is $122,538.50. I also see that ****************** mentions a conflict on January 9th stating HHR had placed a retaining wall such that the approved garage would not fit at the designated location.  HHR tried to change the permit, to allow the new location without permission from the client.  HHR has problems in following the approved plans.  After a several-week holdup, the city denied the changes and HHR had to tear out the retaining wall it had built and start doing the job according to the plan. ****************** had requested to have a two-tiered retaining wall which included steps. We had built this to his specifications and to code. We later found out that the city required an irrigation trench which had not been included in the plans by the engineer (***********************). This required us to alter the retaining wall in order to allow room for the irrigation trench. I have included an email from the city requiring that the irrigation trench needed to be included. As well as ****************** being aware of this required change, he has signed for the change order which you will see reflected on the most recent contract.
  
  I have attached the contract to this message. You will find I have highlighted the description in the contract that states what is included in the enclosed detached garage. It states this includes retaining wall which will be two levels with steps. Construction site to be clean every  Friday. Also included is the plumbing for RV sewer drain, and water supply for sink. Concrete foundation and excavation, and all the framing and roofing. (the "Work") and all change orders.
  
  In one of Mr. ******** statements, he wrote Id like a contract from ******** saying that h*** finish the enclosed garage (with insulated doors and windows)and all appropriate exterior paint and accessories, landscaping, and drainage,clear the fence debris. You will see that many of these items were not included in the description of the contract and were never paid for.
  
  If you also refer to the payment schedule, I have also updated this to reflect that ****************** has made payments of $20,000 prior to the start of framing and a payment of $22,000 due at the end of framing and before starting roofing. I have attached my original bid to my statement as well which states that $18,000 will cover my labor. Which was covered during this second payment of framing ($22,000). This is my first payment since starting the project in September 2023 in which ****************** has paid me for my labor.
  
  ***************** submitted a set of plans to me at the beginning of the job and has repeatedly sent them to me stating the only change was the stamps. Assuming that the plans had not changed except that a stamp was on them I had never questioned that a different set of plans existed. As ****************** made himself the general contractor on the project he also wanted to be in charge of the plans and setting them outside every day for my crew. I had advised ****************** that per city requirements that he is expected to create a lock box on the job site so that the plans are always there and accessible for the construction crew to work on and are never misplaced. He said he did not want to do this and wanted to keep them inside with him.
  
  He has always been in charge of setting the plans out and he was the person to do so when the concrete crew came, and he had set out the stamped and approved set of plans for them. Meaning that the concrete had been completed and approved by the inspector. Since there were no visible differences (easily identifiable to the eye) between the two sets of plans and how the concrete was to be completed,I was still unaware of different sets of plans at this point and ****************** had not mentioned having different plans at this point.
  
  Next was framing. I had been out of town while my framers were working on the project and had received an email from ****************** which I have also attached.The email stated that he had two sets of plans and didnt know which set to put out. Since there had been no indication up to this point that there was another set of plans that differed from the set, I had knowledge of, I assumed that the two sets were copies of each other but still advised ****************** to set both sets outside as there was no way for me to view them and confirm this.
  
  ***************** unfortunately did not listen as I advised him and only set out one set of plans which were the set of plans not approved by the city and the same set that I had been hired to do. This being the case the framers had followed the plans left out for them by ****************** and had no reason to question the plans as they were the only plans. They did the job they were hired to do and followed the plans perfectly.
  I have also attached an email from ****************** stating One set of plans disappeared Tuesday so I put out the other set Wednesday morning. It too, is gone. The Wednesday that ****************** is referring to is 02/14/24, the day of the inspection where the approved set of plans were left out at this point for the inspector. When the inspector came out and informed us that the framing had to be redone as it did not match the plans submitted to the city. I informed ****************** of the failed inspection and what our options were moving forward.
  
  We do not agree on whose fault this is and he had mentioned reaching out to BBB and I had agreed that this would be the best solution to resolve the matter. He later denied the request stating that the BBB would side with me, and I tried to explain to him that the BBB is a third party and unbiased mediator that will help us find a solution.
  
  ***************** stated that he is owed a refund of $42,000 that was paid for framing and roofing. As the framers had built the structure to the plans left out by *****************, I do not believe this is true. I notified him that it would cost $8,500 for the framers to come back out and fix the structure to match the approved plans submitted to the city. As you can see on the contract the only uncompleted portion of the contract is my taxes for $13,038.50 and the roofing for $4,000. As the last check paid to me was $22,000 and $4,000 of that was for roofing, I subtracted the excess from my taxes owed and told ****************** that I am still owed $9,038.50.
  
  I had informed ****************** on three written attempts of what our options were moving forward and as he did not want to choose, and we were unable to reach a decision nor move forward with a progress payment, I had informed him HHR would be voiding the contract. You will see this is written in our contract in Section 21 and I have highlighted it for you. You will also see when looking at the most recent contract that all payments are accounted for and match the amounts that ****************** signed for and have been completed. The only thing that he has paid for that I have not completed are the steps to the retaining wall that I informed him I would complete once a decision to move forward has been made.
  
  I also see Mr. ******** other complaints that the rubbish needs to be removed and pit filled in. I have repeatedly informed him that the material is there to use towards the project and if discarded it would just have to be repurchased if discarded. The pit that he is referring to and pictured in his dispute was dug for the irrigation trench that is being required by the city. This cannot be filled in as it is not completed and was intended to be a part of our second contract which has not been drafted up or signed. This was due to Mr. ******** inability to be able to find the funds for the entire project so we decided to split the contract into two parts and agreed the second one would not be drafted up until the second was completed and paid in full. Many of the photos ****************** has sent are outdated and the yard has been marked with caution tape and danger flags indicating to stay away from the construction site while it is under construction. I have also tried to organize the material as best as I can as it is still being used. The dent in the front yard or rather the missing patch of grass was caused by ************** during their delivery of material and I have already advised ****************** to contact them in regard to getting this fixed.
   Since I struggled to even be paid for my labor and was not for the first five months as well as being harassed by ****************** and him making racial inappropriate signs and taping them to his windows while my subcontractors were working I no longer even wish to work with ****************** all I am asking for is to (1) void our contract, (2) be paid the remaining amount owed to me $9,038.50 as this is the taxes for the project completed already, and (3) have a written agreement that ****************** will not harass me or my business from this point on as he has a history of harassment with his two past contractors he hired as well as his neighbor. When this payment is made, I will still finish out the retaining wall for ****************** as I have already been paid to complete this. Please keep in mind that I am not a landscaping company and nowhere in our contract did we discuss landscaping. 

  Business response

  03/18/2024

  Additional information

  Business response

  03/18/2024

  One email from *************** (******* permit center) advising ***************** to put in a sump pump. This is the reason we have no filled in the "pit". This is not part of our contract and needs to be addressed by ****************** at the end of the completion of his garage. 

  Business response

  03/18/2024

  One email from *************** (******* permit center) advising ***************** to put in a sump pump. This is the reason we have no filled in the "pit". This is not part of our contract and needs to be addressed by ****************** at the end of the completion of his garage. 

  Business response

  03/18/2024

  Framers using paper copy of the plans. 

  Customer response

  03/19/2024

  The City of ******* points out on February 20 that ********************** put up a wall with no inspection.  The wall is about 4 inches from another structure and the plan was to inspect it on the ground and then lift it up.  The City inspector wrote:  Recommended having wall laid down on floor prior to framing up in order to visually inspect.  He had been talking to HHR. Since Giovanni ********************** was out of town and not supervising his workers, they simply built the wall into a place where it could not be inspected by the City of *******.  He didn't tell his workers about the inspection plan.  As for his credibility, I'm surprised that he went over every comment of mine submitted with his own fine tooth comb, except for one item:  he isn't commenting about his email describing how he cheats on his taxes.  I've reattached that text here--it is an indicator about the truthfulness of this contractor.  I do not want the contractor prosecuted by the ********** of ******** nor do I care if he cheats on his taxes:  I want the correct building for which I pre-paid.  The pictures I've submitted show that this building is far from complete, and half of the building has failed inspection.

  Business response

  03/21/2024

  Proof of framers using paper plans.

  Customer response

  03/27/2024

  *******,

  The ********************** is offering to meet regarding their failure of Hermeyer's work.

  They did make errors along the way causing added expense to both the contractor and me.  I know that he is extremely angry over a City error.

  The ******* Building Official, ***************, is trying to set up a meeting for Tuesday, April 2.  I think they are going to overlook some matters, perhaps allow the incorrect work that Hermeyer did.  All of this conflict should end if the City does this, it was the framing failure causing Hermeyer to abandon the project despite money paid toward it.

  Please let Hermeyer know that there may be an escape for all of us.  I don't want to go to legal measures, I just want the building for which I paid, some $50,000 work is still owed to me, and he can carry on his business with a good reputation.

  Please see the message from **************** *************** and urge this peaceful measure.

  Thank you,

  ***********************

  *****************;<*******************************>
  ?
  ?
  
  ?
  To:You
  Mon 3/25/2024 11:45 AM
  
  Category 2: Sensitive information
  
  Thanks ****,
  
  Yes, happy to invite your contractor. I will check availability of the group and get back to you. Thanks, ****
  
  ***************
  Building Official | Permit Services
  ************ | ******************************************************
  *************/permits  | Facebook  | Twitter
  
  
  Category 2: For official use only / disclosure permissible by law.
  
  From: ******* Family <********************>
  Sent: Monday, March 25, 2024 7:34 AM
  To: *************** <*******************************>
  Subject: [EXTERNAL] Monday
  
  CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
  
  ****,
  
  Did you want to invite the contractor to a meeting with us?  All of Tuesday, April 2 is good for me.
  
  Anything that gets work going again is fine by me!
  
  Thanks,
  ***********************

   

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