ComplaintsforEmerald Quality Construction LLC

• Initial Complaint

  02/26/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We hired a general contractor to convert a four car garage into an SADU. We hired them with the strict expectation that we would be requiring permits for all work done. The total bid for the work was $139,800. We paid him $73,297.23 to start the job. Unbeknownst to us, he was working without consulting with our architect, septic designers, and/or checking on our permits to make sure what he was doing was correct and to expectations. After review of the work completed, we can only account for $27,700 worth of work being done. We asked for the remaining $55,097.23 to be refunded to us so we can get the work done under a trust worthy company.When we became aware that he tied into our septic without permits or confirming the design with our septic designer, we brought it up to **** and his solution was to bury the work and leave it as. He told us there was no way he would "eat the costs" to make it right and that the best solution would be for us to save money for three years to have the work done with someone else in order to have the permits approved. He refused to take any accountability for the work he did without permits or approval. He also refused to explain where the 73K went and would not provide any proof of allocation for the funds. When we voiced our concerns about broken trust and being fearful of moving forwards he told us his attorney told him he didn't need to give us s*** and to f*** off. He then said the only way we could move forwards is if we signed a NEW contract with him and at that point he would give us the requested information within 48 hours. He asked me to lie to L&I in order to protect his business so that L&I would not find out he was working without permits. He asked for multiple "bail outs" because he didn't calculate his bid properly and stuff "came up". The quality of the work that was completed was horrendous and will need to be completely redone. This contractor is not only negligent, he is deceptive in his practices.

  

  Business response

  02/28/2024

  At Emerald Quality Construction ("EQC"), we take pride in doing quality work in compliance with all laws and regulations. This complaint is unfortunate and false. Contrary to this complaint, we did apply for all permits necessary to complete the contract both parties signed.
  
  The homeowner hired us to renovate a garage into a Stand Alone Dwelling Unit (****). If you review the contract provided by the homeowner, and despite a recommendation and a competitive offer to renovate the septic system accommodating the ***** the homeowner opted to wait until a later time (so the homeowner told us). They said it was outside their budget, and we were to attach the **** to the existing septic later, as quoted in our contract bid.
  
  Unfortunately, several weeks after we had done our work connecting to the current septic system, unbeknownst to us, the homeowner began a side project and hired a septic designer to design a new septic system costing an additional $30,000, requiring us to undo the work we had already done and then attach it to the new system once it was complete. We agreed to do that reconnection for free. 
  
  We did consult with the architect because the homeowners were using our architect. We were in constant communication,and that architect is willing to qualify that in writing. As stated earlier, we were unaware of plans to do a new septic when connecting to the original system. 
  
  Communication with the septic designer started when the city came out to approve the permit for the septic. That is how we learned that the homeowner changed their mind, hired a septic designer, and planned a septic renovation. We proposed our final bid for the project on September 1, 2023,which did not include a new septic system, and you can see that the Septic Designer proposed a bid on November 7, 2023. We had already attached to the existing septic system. The homeowner never told us, costing us money to make additional changes to the plan, which we did not charge for.
  
  Building the septic would take a long time, so we recommended finishing as much work as possible with the current permits and connecting to the new septic once it was complete (again for free).
  
  We are still trying to understand why, but once the homeowner learned the new septic would cost $30,000, they said we should pay for it. We told the homeowner we could not "eat the costs." We recommended and offered an affordable solution to the septic during the initial bid because the **** would need a new septic, and the homeowner turned it down.As such, we did not include it in our contract. This situation is where the relationship broke down, regardless of the fact we never had it in our bid.
  
  We offered to itemize all costs to accommodate the homeowner, but the homeowner called our subcontractors and affiliates,attempting to solicit confidential and unnecessary information. At that point,we became concerned with the situation and this particular customer.
  We engaged our attorney to assist with a new contract to help mitigate this situation and prevent future occurrences with new clients.
  
  Our attorney advised that the homeowner's right to review documentation is limited to specific documents related to the work and does not gain the right to access our general business records, which, according to the feedback from our contracted affiliates, is the information this homeowner was seeking without our consent. 
  
  The homeowner's claim that "He (****) asked me to lie to L&I in order to protect his business so that L&I would not find out he was working without permits" is false and an apparent attempt to hurt our business. We have the necessary permits for our contracted work. **** referred a colleague for a side job to save the homeowner roughly $13,000,which we believe it did, and we are unaware of permitting issues or any issues with that work. To the best of our knowledge, it has worked out.
  
  There was never a request for "bailouts," this is a common situation where, after our initial bid, the homeowners consulted my architect; the architect added new items that the homeowners wanted to include that increased the budget and contract price. We adjusted or bid attached by the homeowner, not ask for a "bailout"; as seen, the homeowner signed off on it.
  
  Regarding this project, we were operating on budget and on time. Until now, we have been lucky to avoid a situation like this. Our customers would disagree that the "quality of the work that was completed was horrendous." We understand that this homeowner is upset and lashing out, but we take pride in our work and will do our best to resolve all issues, including this one.
  

  Customer response

  02/28/2024

   
  Complaint: 21349318
  
  I am rejecting this response because: I've never read something that was such an egregious lie to the point I had to stop reading the message entirely because I was so aghast. Thankfully, I keep all receipts. I have attached a handful of files which includes screen shots of text messages from **** asking for us to lie to L&I. I also have attached text messages from my husband to **** that discuss the septic designer coming to discuss the plans with **** as well as providing **** our septic designers contact information TWICE prior to him working on any pluming in the house. I also attached a copy of our architect design which notates the plans for a separate septic tank as per Snohomish county SADU code. I also attached a copy of our permits that are currently IN PROCESS and not approved. If you look at the permit you can see it didn't even begin to be processed until 2/5/24 and is NOT approved to be issued yet.

  We have NEVER signed a contract with this general contractor. We had a signed estimate which is dated 1/9/24 and a verbal confirmation that he would be doing everything per the architects plan. He also knew we had to change our plans with the architect in order to be approved for our new separate septic system to tie into the drain field. Furthermore, we did not own this home until October 14th 2023. I have a copy of every single bid he proposed which is about 5 different bids with different totals. I am happy to provide this as well.

  Below is the email I sent to ****:
  
  "I wanted to follow up, we had requested a breakdown of costs for the previous spreadsheet you sent to us in regards to where the $73297.23 was spent. This was emailed to you Fri, Feb 9, 6:59?PM (16 days ago). 
  On Fri, Feb 9, 9:45?PM (16 days ago) you replied with a spreadsheet.  The breakdown you had sent to us included items that have not been done or completed. 
  I sent you a reply with a handful of questions in regards to your spreadsheet on Sat, Feb 10, 6:18?PM (15 days ago).
  I also sent a follow-up text on Sat, Feb 10, 6:57 PM (15 days ago) letting you know I had received and replied to the email with some concerns.
  On Sun, Feb 11, 1:42 PM I sent a follow-up text to make sure you had seen my email as I know sometimes life gets busy and I wanted to make sure you knew we were corresponding. I also let you know that in order for us to navigate a way to move forwards with the project we needed a line-item explanation of costs with invoices from the subcontractors and fees (i.e dumpster invoice, roof invoice, gutters invoice, framing labor breakdown/invoice, lumber receipt, and plumbing invoice) so she can understand where the funds were allocated. 
  On Mon, Feb 12th, 9:57 AM I sent a follow-up text since we had not received the line-item details.  I sent a follow-up text that evening  to let you know ****** still needed the line-item explanation of costs.
  On Tue, Feb 13th, 8:20 AM you had replied and said it would take a couple of days. 
  We didn't hear back from you until Fri, Feb 16th at 8:44 AM. When we talked on the phone you let me know you had just spoken with your attorney, who is a client of yours and offers you legal advice and assistance for trade, and this attorney told you that "you did not have to provide them with s*** and to tell them to f*** off." During this phone exchange I again reiterated that in order for any positive resolution we would need a line-item breakdown of the costs of services rendered so we can understand where the 73K we had given you had been allocated.
  It is now Sun, Feb 25, 3:47 PM which is 16 days since we learned you were operating without approved permits on our property as well as not corresponding with the septic designer or the city in regards to our septic design or permits which is ultimately what set this entire situation in motion. We have given you ample time to provide that information we requested and because we have not received it, we have no other option than to request to stop the project and have funds promptly returned to us."
  

  
  By the information **** has provided to us as of today, we can only account for $27,700 of the $73,297.23 that was given to him.
  Below is a breakdown based on the spreadsheet he provided to us on 2/9/24. Based on this breakdown he should have approximately $55,097.23 of the money we have paid him, set aside for our project.
  
  dumpster $1,400.00
  roof $11,500.00
  gutters $1,500.00
  cut the concrete $1,800.00
  trench work $2,000.00
  lumber $4,500.00
  framing $5,000.00
  ----------------------------
  Total Spent: $27,700.00
  Total Paid: $73,297.23
  Total Due to be Refunded: $55,097.23
  
  I have also contacted the septic designer who will be giving me a statement to provide in addition to all of the articles I have for review. I have over 20 photos of the the awful quality of work he has done, damages he's created, as well as photos of the work he did that was not permitted to be done.

  

  Business response

  03/23/2024

  The response drafted to the original complaint was directly in line with the documents you provided and the timeline you presented. The bid was our contract, so the parties signed it. This second complaint to our last response has provided no additional information. Contractors can do much work on projects during processing before the permits are approved. As demonstrated by our record and this project, we have not been found in violation of permitting. 
  
  This venue is inappropriate for making accusations and creating libelous content. As such, we recommend that the homeowner hire the attorney they suggested last month and contact our attorney so we can resolve this matter. We have been told several times that we would hear from her attorney, and we have yet to have any correspondence with an attorney or a complaint filed in King ******* We want to get this resolved as soon as possible. Thank you.

  Customer response

  04/04/2024

  We've had to escalate this matter with a lawyer. At this time we are still waiting for emerald to do the right thing and give us back our money. Until then this matter is still unresolved.

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