ComplaintsforMD Architects

• Initial Complaint

  08/25/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I contracted with MD Architects to provide plans for ADU.Met with ********************* in August 30, 2021, signed contract and gave payment of $900 dollars. On 09/20/21 - received email from *******************, confirming payment and stating **** would contact me regarding measurements. On 09/22/2021 email received sending associate to measure on 09/22/2021 at 3:30. At 3:30 associate showed up to measure. On 12/06/2021, I emailed ********************* stating have not heard from him. On 12/11/2021 recieved an email from DeLoma with a copy of a drawing copied from ******** attached to email. On 01/11/2022, I sent an email letting DeLoma know I was out of town for a month because of a death in my family. The email stated I wanted to refresh his memory about what what I asked for when we met in August because ******** copy was not what we talked about. I wanted a one bedroom loft style with a second story. On 01/13/2022 ****** emailed stating he "didn't want to push too far on the first review....[and he would send] another rough draft...to discuss with me." On December 31, 2022 an email was sent to DeLoma with additional instructions. I have not heard from ****** since January 13, 2022. I called an left two messages. No one has ever responded. I had to hire a new architect which now cost me $3,000and put me 8 months or more behind schedule. I Believe DeLoma should refund the full amount of $900 for failing to perform. The ridiculous measurements his "associate" took of my property could be found by looking on the city website.

  Business response

  09/07/2022

  MD Designs
  3220 ********?
  
  ******, ** 98407
  ************
  *****************************
  Response to:
  ****** ******
  2212 ******************************************************* 98406
  ************
  ************************
  Complaint ID: *******************
  
  This is a response to a letter dated August 25, 2022 and received from the Better Business Bureau 
  August 31, 2022. This letter will clarify/correct dates from ****** ******s letter regarding 
  correspondence and services provided.
  
  At 1pm on June 8, 2021 I met with Ms. ****** to discuss the proposed project in converting her 
  existing storage shed into an Accessory Dwelling Unit. During that discussion we went over the size 
  with minimal changes to covert the existing structure to living quarters. In that same meeting we 
  also discussed converting her house to a duplex with the latest changes in zoning in city limits. 
  The correspondence in scheduling that meeting was the fist call. On July 28, 2021 at 9:48pm, the 
  service proposal was sent. On August 9, 2021 at 1:59pm, I received an email to arrange a call to 
  discuss the service proposal. On August 11, 2021 I received the second call from Ms. ****** and 
  discussed the scope of work and contract. On August 30, 2021 I met with Ms. ****** as her BBB 
  letter confirms and the project then proceeded forward with no changes to the contract or project 
  description.
  
  On December 6, 2021 I did receive an email checking on the status of the project. I responded 
  December 11, *********************************************************** September. That was not a 
  Facebook drawing as Ms. ****** exacerbates in her letter, those drawings were based on the contract 
  description increasing the building footprint and it was based on the addition to the existing 
  footprint with all plumbing located in the new addition area.
  
  Project Description (as stated on the contract)
  Remodel and addition to an existing detached shed/garage to create an Accessible Dwelling Unit. 
  The Existing foot print will be increased to accommodate living quarters while working with *********************** design guidelines. Final design to be approved prior to commencing to structural 
  engineering. Final draft to be estimated for costs prior to commencing to permit drawings.
  
  On January 11, 2022 I received an email response to my December 11, 2021 email from Ms. ********************* email did express her loss of a loved one, but never expressed any comments on the initial 
  design, only that she wanted to refresh my memory on the design concept. Ms. ****** explained in 
  her email a design we never discussed. That design was now a two-story structure with a loft and 
  powder room on the upper floor. That design had a deck projecting into her five foot side yard 
  setback on the North side, which would be against building code. It had a new deck coming off the 
  new upper loft creating a covered patio on the East side. Her design also proposed a 2n? story 
  patio on the south side, which then would have exceeded the area allowed on the ************** 
  design guidelines for ***s. On January 13, 2022 I responded, I didnt want to begin too large, 
  since the city has limits on size based on existing residence, but I also explained why I started 
  with that design to maintain that existing area and minimize changes to the existing structure. 
  When we initially met in June, we only discussed making the existing building footprint larger and 
  trying to keep the exiting roof undisturbed. In January 2022, she sent me a drawing with a whole 
  new concept going well beyond our original contract. I will also state when we discussed the 
  contract in August 2021, she never changed the Project Description on the contract as its stated 
  above.
  
  After my response to Ms. ****** on January 13, 2022, I received an email January 31, 2022 at 
  8:32am, not December 31, ***************** the BBB letter, clarifying she didnt want a full stair 
  case but pull down staircase or ladder. Ms. ****** then confirmed the 8 foot extension toward the 
  house, (East side) as I showed in my first design, was approved by her son. In that email, Ms. 
  ****** began applying more changes, including we may need to connect the two units together, that 
  would be the house and ***, to get the loft. Clearly that was never discussed before this point of 
  our agreement, since I would have explained at the time of discussion that would be against 
  building code for an *** being built in the location it is today, only to be attached to the house. 
  On Friday February 4, 2022 at 11:48pm I sent an email outlining what was going to work and what was 
  not. I included the
  
  proposed design with all changes she requested on the main floor along with the Loft with a Deck. 
  In that email I explained this design she sent had some discrepancies and we were looking at a 
  variance if certain designs were pursued. The City also has design requirements, as I showed on her 
  drawings attached to this response. I did not receive a response to that email. On Friday February 
  25, 2022 at 9:02 am I sent an email checking in to see if she had any questions. No response to 
  that email.
  
  I have not received any response to my latest design or email sent February 25, 2022. I also never 
  received any correspondence relating to this project. I looked over all emails, checked Comcast 
  call history but only going back 90 days from when I received this letter, I was able to check all 
  calls dating back to September 24?? 2021 on my ******* account, since all calls coming into my 
  office line are forwarded to my ******* i-phone. I am able to check back 12 months on incoming 
  calls. There have been no calls on record from the phone number on the contract, ************ since 
  September 2021.
  
  As on any other project, if a client has questions they will contact me by email, phone or text 
  message. I have no emails after January 31, 2022 nor do I have any calls or even a letter by mail 
  from Ms. ******* To this date, I was not aware of any attempts to communicate after the January 31, 
  2022 email until I received this letter, August 31, 2022.
  
  In this letter from the BBB, Ms. ****** states, I could have obtained the drawings from the City 
  for her existing structure. Please explain where. Even if the City had documents on file, I would 
  still have to prepare existing drawings to work with. If the City has information, I would like to 
  see existing drawings showing the building dimensions, window sizes and location, ceiling height, 
  roof details such as slope and framing, wall details such as type of framing, thickness and 
  heights, material specifications and finishes. All that information is required by the *********************** TMC, **************** Building Code SBCC, **************** Energy Code WSEC and the 
  International Residential Code IRC. In the contract it was stated this was a Remodel and addition 
  to an existing detached shed/garage to create an Accessible Dwelling Unit, and all the information 
  obtained while measuring the existing building is required to be provided for permits, since this 
  is an addition as described in the contract.
  
  This letter from the Better Business Bureau is a bit disturbing when I have now spent time looking 
  over all email correspondence, office and cell phone logs. I have also looked at the amount of time 
  I spent designing the *** for Ms. ******* In a project of this scale if the design presented 
  February 4, 2022 had minimal changes we could have preceded to engineering and permits would have 
  been issued by May 1?? with no additional fees. I would not have charged for additional time even 
  if the request for design no longer matched the Project Description. I am concerned that the BBB is 
  now involved in lieu of any attempts to get in touch, particularly by email, since that was the 
  only form of communication between July 2021 and the end of January 2022. The last email on record 
  was her response January 31, ************************************************** know what you come 
  up with. Clearly reviewing the design presented restrictions and changed the focus on this 
  project. The $900.00 paid by Ms. ****** covers the measuring of the existing building onsite, 
  existing site plan and two preliminary drafts.
  The amount of time actually performed exceeded the initial deposit of the contract, which the 
  closing invoice on a canceled project is explained in the terms and conditions.
  
  Finally, having zero communication since January 31, 2022 email, no response to my February 4?? and 
  25?? emails, no phone calls, emails or even postal letters by mail expressing any questions, 
  concerns or even termination of services, clearly shows I fulfilled my half of the contract.
  
  Terms of Services (as stated on the contract)
  MD DESIGNS agrees to stop work on the PROJECT upon verbal notice by the CLIENT. When notice of 
  termination is given prior to completion of the PROJECT, the CLIENT will be responsible for a 
  percentage of the *** equal to the percentage of completion of the PROJECT or a substantiated 
  billing at hourly
  which ever is less, plus reimbursable expenses.
  

  
  

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