The owner, *** ******, is demanding an additional $9,401 and has not paid his subcontractors. We are getting calls from subcontractors
Approximate square footage of work being performed: 700 to 800 sq. ft area of the house.Estimated labor provided by HRS was $18,400 to $20,500 Estimated material provided by HRS was $6,000 to $7,100. Actual amount paid to date (Nov.2,2013) by the Client is $28,500 not including materials such as tiles, toilets, bathtub, shower doors, mirrors, vanities, etc . that we "The client" has to paid.
Issues: Since we paid for all the materials, we were looking at the labor portion of the quote which range from $18,400 to $20,500. From Aug. 23 to Oct. 13, none of the bathroom were in operations and *** ****** demanded more money before he could finish the bathrooms. We gave him additional $8,000 over his quote to get the bathrooms done so we can start using them. Now that the project is 95% complete, he wants an additional $9,401 to pay his subcontractors. That is when we told him we still owe him $1,225 and he will get that remaining balance if he comes and complete the remaining two tasks. He refused and threatens legal actions and lien proceedings. We tried several attempts to call him but he refused to return our calls.
***'s email on 9/7/13 to update us on the progress states "For what has been done, we are running under budget which is where I want to stay. We are also under on expected time as well for completing this project." The actual amount he has attempted to bill us ("The Client") is $37,901.51, which is 41% over the quote he provided.He also attempted to invoice us ("The client") for tools and supplies that a contractor should already have in order to perform the work he has been hired to do. Mr. ****** was also asked if he would be present daily to monitor his crew and make sure work was being done and he stated that he would be there every day, saying he would bring them lunch almost every day. The email on 9/7/13 was the first he notified us ("The client") of his extended absence. I will be out of town from 9/11 thru 9/28 so please coordinate with ******* on everything. The client met with Mr. ****** on 10/13/13 to discuss the billing issues and informed him of the concerns with the billing. After an hour of discussion and disputes on the invoices and the amount of work still needed to complete the project, it was agreed that the entire remodeling job would be a total cost of $30,000. Since he had been paid $20,500 prior to the meeting, the agreement was to pay $1500 based on milestone progress. Mr. ****** said the job would be completed in 3 days once work was restarted, which would have meant completion by 10/17/13. The client gave him until 10/19/2013 to finish the work. The agreement reached at that meeting was documented by the client and a copy of the details was emailed to Mr. ****** and a hard copy signed by the client was also left at the work site. The client inspected the home on October 14 -17 and saw some progress made on the bathrooms so a payment $1500 on Oct. 14 was made; $1500 on Oct. 15; and $3000 on Oct. 17. Upon inspecting the final work, issues were noted by the client, i.e. the new bathtub did not drain properly, damaged bathroom door, toilet stoppage, & grout needed to be redone in the new bathroom. Mr. ******'s workers missed a work day due to alleged car troubles on 10/20/13, and delayed getting to work on 10/21/13 to complete the remaining tasks. Once the above tasks were complete, ******* (Mr. ******'s assistant) was given a check of $2000 on Nov. 1st because *** was once again out of town and not available to meet with us ("The client"). Currently, we have a drain issue because the plumber he hired saw some mortar in the drain pipe and recommended to open the pipe and clear out the mortar & grout. Also, crack in the tile. He refused to fix the problem. I currently owe him $1225.19 for the remaining balance. Until those two items are fixed, we will not pay him the remaining balance. The fact that he wants us to send him a check for $9401 is absurd and without merit
1) we have a drain issue because the plumber he hired AAA Auger used a camera or scope and saw some mortar & grout in the drain pipe and recommended to open the pipe and clear out the mortar & grout. 2) Fix the crack in one of the tile. He refused to fix the problem. I currently owe him $1225.19 for the remaining balance. Until those two items are fixed, we will not pay him the remaining balance. 3)I would like *** ****** to update his invoice showing the project total cost $30,000 and $28,500 payments have been made. The fact that he wants us to send him a check for $9,401.51 is ridiculous and absurd.
Original quote was for a time and materials bid based upon information received from the client as to the work required at the time I made an inspection of the property. This quote was estimated at $18,400 to $20,500 for labor and between $$6,000 and $7,000.
During the course of starting the work, we demoed the closets in preparation for their conversion to a bathroom. After measuring the area, we informed the client that moving the half bath over to convert to a full bathroom would require more space for the shower they wanted leaving closet spaces at just 2 feet wide. They had the option of us proceeding as planned or returning the closets to their original state and building a new full bathroom in the house by using part of the area in the large living room. I informed them that this would cost more as new plumbing and electrical work had to be done and also that this was a larger area by 50% over what was originally planned for the conversion. The owners selected this option.
During the course of our work, there were a number of items that required extra work that couldn't be identified during the original inspection:
1. Installation of new electrical panel as existing one was sufficient for the electrical changes for new lights and the new bathroom
2. Additional plumbing to repair leaky pipe discovered when wall was opened up in master bathroom.
3. Removal of floor in master bathroom - encountered 2 inches of concrete over sub-floor that had to be removed.
4. Removal of the entire sub-floor in Master bathroom. Original estimate was for small area by toilet but water leak in wall had damaged all of the sub-floor, some studs, footer, and floor joists.
5. Repair of floor joists in Master bathroom was more extensive then estimated.
6. Install new tile floor in half-bath since this bathroom wasn't being converted to closet spaces.
7. Install garage door opener for garage door per client request.
8. Add additional pillar support under new full bathroom in living room area to support the additional weight of the tiled shower and floor.
9. Texture living room ceiling per home owner approval.
10. Add additional crown molding in living room around new bathroom walls.
11. Install closet in laundry room for new hot water heater location.
12. Removal of second layer of floor covering in kitchen and family room. Not discovered until first layer was removed.
13. Snake out sewer line at client's request
Total labor costs for extras $6,037.50.
For new bathroom:
1. Extra plumbing cost
2. Extra electrical cost
3. Extra labor for larger bathroom
Total additional costs for new bathroom - $2,483
1. Additional materials for extras - $1,000
2. Additional materials for new bathroom - $781.01
Client was made aware of extras throughout project. Biggest variables outside of the extras affecting costs were the electrical panel $2,500 plus additional plumbing and electrical for new bathroom.
During our meeting on October 13th, the client insisted that the total cost was $30,000 without any consideration for the amount of work yet to be done. The client further refused to pay me for the work already completed and insisted that we continue working while the payment for work already completed was doled out payment on a daily basis at the projected rate of $1,500 after the work done that day was inspected.
Client insisted that I sign a new contract written by her which I received but never signed. Client made two payments and then withheld the third until I provided an email with a recap of the amount of work done. Payment was made the next day but then stopped on that Friday and withheld until check for $2,000 on November 1, 2013 was released and all additional work had been completed. All of this was for work already completed.
The client also asked us to fix the drain blockage. We pointed out that we had informed the plumber when he came out that there was a drain blockage before we had done any grout or mortar work. When we exposed the drains for work, they were immediately covered and remained covered until we completed our work. I have witnesses besides myself to that affect.
I spoke with the plumber who snaked the drain and he said there was an old plastic cup in the pipe with a hole in it that indicated that it had been there a while as it had a hole in it. He removed the cup. He said there appeared to be mortar in the line but could not tell how old it was. The house had tile flooring in it that we replaced that appeared to be less than 5 years old. Since we kept all drains covered, it is impossible that the mortar in the pipe was ours.
Also, the plumber stated that the city ran their equipment up the line and found it to be clear.
As to the cracked tile, I informed the client we would fix it after we were paid in full.
Having documented the extras and having provided receipts for everything, I feel that the cost of the extra materials and labor is within reason for the additional work performed.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept the response provided by Home Restoration Service for the following reasons:
1.Mr. ****** provided a contract with an estimated labor range $18,400 to $20,500 and material was $6,000 to $7,100. Since I have paid for 95% of the materials using my personal credit card, we are disputing on the labor amount. We have paid Mr. ****** $28,500 as of Nov. 2, 2013. That is over $10,000 his estimate that he provided which more than taken into account the $2500 upgrade in electrical panel & other minor tasks. The only reason we agreed to pay him additional $10,000 to the original contract was so that he would complete building the new bathrooms. *** agreed to the total amount of the project to be $30,000 on Oct. 13, 2013. A few weeks later, he invoiced us $9,401. That is when I contacted the BBB. He is trying to scam more money from us.
2.I disagree with the size of the conversion area being 50% larger than the original conversion area. It was larger but nowhere near 50%. With his years of experience, he should have measured the room and told us prior to demolishing the room that it was not going to work. Instead he demolished the room and charged us several thousand dollars to put the room back is absurd.
As for the specific items listed in his response:
Item 1. As stated above, the upgrading of the electrical panel was the only major item not covered by the work order and was considered in the final cost of $30,000. Furthermore, although Mr. ****** invoiced me and we have been paid for the electrical work performed that he has given us the invoice. A copy of the check in which it showed he deposited to his bank account can be provided by us, if needed. He has failed to pay the electrical company (Light It Up) as of today, December 4, 2013. He instructed them to contact me directly for payment. I have spoken to the contractor and provided them a copy of the invoice I received from HRS for the work electrical they performed and I have given them a copy of the payment I made to HRS for that specific invoice. They agreed to pursue payment with HRS (*** ******).
Items 2-6. Materials and Labor were covered in the estimate range provided by Mr. ******.
Item 7. Item was included in $30,000 final cost.
Items 8-12 - Materials and Labor were covered in the estimate range provided by Mr. ******.
Item 13 - Clogged sewer drain was caused by his work crew's negligence in allowing grout and mortar in drains while installing tile in 1 shower/tub and 1 shower area. I took the time to be present with the plumber who cleared the drain. There was never a "plastic cup" in the drain. And the drain was not slow or clogged prior to HRS installing the tile. There was piece of PVC in the upper portion of the drain pipe and the obstruction was created by the mortar and grout build up on the bottom of the pipe. Even after the piece of PVC was removed by the plumber, which was confirmed by video inspection, the drain was still clogged. I had to hire Roto-Rooter to finally have the drain cleared and operational.
The bottom line is Mr. ****** agreed to the $30,000 total cost on October 13, 2013 and his lack of performance and not meeting objectives affected the payment schedule. He not only failed to meet the deadline he told me when the work would be completed, 10/17/2013, he did not even complete the job with the additional 3 days, since I gave him until 10/21/2013.
Deducting additional expense I have now paid to have the sewage drain clogged by his workers cleared, the original balance of $1225.19 that I owed HRS is now reduced to 1000.19.
In conclusion, Mr. ****** provided a contract with an estimated labor range $18,400 to $20,500 and material was $6,000 to $7,100. Since I have paid for 95% of the materials using my personal credit card, we are disputing on the labor amount. We have paid Mr. ****** $28,500 as of Nov. 2, 2013. That is over $10,000 his estimate that he provided. Now, he is asking for additional $9,401 is absurd. I am showing that we owe him $1,000.19 which we will pay as long as he replaced the broken tile in the kitchen and removed the pipe that has the mortar and clean the pipe so that I won't further clogged the pipes. We have paid him over $10,000 from the agreed contract and we do not plan to pay him the $9,401 he invoiced us. Furthermore, he needs to take the $28,500 that we have paid him and pay the sub-contractors that did the work on the house instead of sending these sub-contractors to me to get payments. I will be glad to share with BBB all the invoices, checks cleared, pictures of his crew smoking all day long on the job, and written communication between *** ******, ******* (his assistant) and myself. I do not want anyone to go through what I have gone through with HRS & *** ******. It is stressful enough to have your house remodel, but to deal with a dishonest contractor is unnecessary and potential clients/customers should be warned on his unethical business practices.