Contractor will not complete foundation repairs agreed on signed contract. He is requesting additional fee(under-bid)before completing job.
Two different estaminets were conducted by this contractor on 5/31/13 & 9/9/13 I signed second contract. Work started 9/30/13, contractor returned on 10/12/13 to completion work. That afternoon contractor contacted me and waited for my arrival. He mentioned that a lot of work already been performed and he would need an additional fee to complete this job. I mentioned this was not on the contract agreement and I did not approve of any additional work to my house. They left that day without a final date of completion. I have contacted the contractor on many occasions to schedule a date of completion, will not commit to a date. On 11/19/13 I rec'd another contract that includes the additional fee($3840.00), and a request for half of the balance to start and final payment at completion. Contractor is not fulfill his obligations agreed on original contract. As of yet holes are exposed around the house with only wood board placed over them, this is a liability to me. They left shrubs removed piled in front of my house,large pile of dirt on my driveway, garbage scattered around my house (empty bottle, pieces of carpet, broken cement blocks, broken cement pieces. Damage to the entry of my driveway were the cement truck left deep tire holes in the yard which is now caused an erosion to front yard.
Completion of the job, replacement of shrubs removed. New sidewalk(damaged)in the back yard by patio, replace French drain with all new materials add new sub-pump. Replace damaged gutter with new gutters. Replacement of ivy (greenery) removed on west and south side of house. Replace damaged faucet and fill in holds left by cement truck in front yard.
Up-Rite Foundation Repair Co.
XXXXX **** ***** ****
1601 ELM STREET, STE 3838
DALLAS, TX. XXXXX
ANSWER TO COMPLAINT: 12-31-2013
RE: CASE# ********* ******** ********
Up-Rite Foundation has a A + record with the BBB sense 1994.
We take great care on every job we are contracted to do. We do
over 100 jobs a year. ***** ******* the owner meet with home
owner ******** ******** on XX-XX-XXXX and went over (extra
Up-Rite Foundation had found there were plumbing leaking and
causing big voids under house that was unforeseen. I could not
do void fill for the original $ 1,800.00 dollars estimated on start
date of job. ******** and I talked and agreed that with the two
extra 2 holes added and some tunneling we had to do to install
piers that was not in contract. The labor and material on drain, I
explained to ******** that after plumbing repairs were done that
there would even be more voids under house were dirt was
going to be dug out. Also what dirt that has washed out do to
leaking pipes, that the extra drain work and piers. The void fill
was going to cost extra $ 2,750.00. This was the reason we meet
on the 10-12-2013. She owns the house and agreed to pay for
the extra work needed . At that time on the XX-XX-XXXX the job
total charges left for her to owe was $7,800.00 dollars. At the
time she paid half of which was $ 4,000.00 she owed. We
continued to work on leveling and patching back concrete to
make ready for void filling. We both agreed that after plumber
was finished repairing leaks under slab, ******** would call us
back when plumbing was fixed. To repair drain and finishlandscaping around drain pipes, an void fill under slab. The
drain repair for labor and material was not included in contract.
The contract states that it would be extra charge. We have not
been paid for drain work are the two extra piers, an extra sand
and Portland needed to complete job. I waited (6) weeks for
plumbers to complete there job. Up-Rite Foundation was
scheduled to return on XX-XX-XXXX and finish foundation repairs
on XX-XX-XXXX per conversation by email on 11-15-2013. ********
call on XX-XX-XXXX and cancelled work said she was not paying
for extra two piers and labor an material drain an for any extra
void fill needed to finish job. She also said she was going to get
another estimate on void filling then let me know what other
estimate was. Before she had done this she filled a complaint
.The contract started out at $ 10,210.00 plus extra for drain
replacement which came to the amount of $12,900.00 she has
paid only $9,120.00 of which the other owed is $3,800.00 to
complete job and finish paying for piers and drain and extra
sand, dirt for void filling around pipes and under house where
repairs were made after contract was signed. Also gutters
where not on contract for any repair. We have done over
$9,100.00 worth of work. Up- Rite was scheduled to do extra
work on 12-21-2013. ******** ******** is the one who canceled
the day before and stated she could get the work done at a
cheaper price. I told her no company could do it cheaper. I asked
her consult with another company. She filled complaint on 1222-
2013 the day after Up-Rite was to complete work.
(The consumer indicated he/she DID NOT accept the response from the business.)
Up-Rite Foundation Repair has not represent to be honest nor trustworthy as stated by advertisement Mission Statement.
On, May 31, 2013, Wes ******* visited my house, in order to evaluate the condition of the foundation and to provide a proposal for foundation repairs, if warranted. He conducted a complete floor elevation of my house, while using a Compu Level (zip level) equipment. Up-Rite recommended the installation of 16 interior piers throughout the central portion of the house, as well as the garage for a total of $9,700.00. On September 9, 2013, Up-Rite (Wes *******) re-visited my residence at my request, to provide an additional proposal for additional foundation repairs, for a total of $10,210.00, contract was signed and repairs commenced on September 30, 2013, and continued for four days. Up-Rite returned on October 12, 2013 for the final repairs and completion of the exterior of the house. I was notified that afternoon while at my grandson game, Up-Rite owner ***** ******* was at my residence waiting to talk to me, I left the game to meet with Mr. *******. When I arrived he introduced himself and said "I am at your mercy", can we talk in private. Mr. *******, quoted "we underestimated the bid and it's going to take more time and money to complete this job". He repeated multiple times that the equipment (Compu- Level) that Wes ******* used must be defected is why the number are way off. He mentioned Void-fill fees, additional piers. I do not posses any information as to the locations of these reported additional remedial piers. He requested an additional $3460.00 on which he hand scratched on the original contract. Original contract includes the void-fill fee for a total of $1,800.00. Original contract total $10,210.00, in which check for total of $5120.00 was paid, September 30,2013, second check for $4,000.00 was paid October 12,2013. On, October 17, 2013, Plumbing Services visited my residence to perform testing of the sanitary waste system following the recent foundation repairs conducted, breaks were located and repaired. ***** ******* initially mentioned that Up-Rite Foundation had found there were plumbing leaking and that was causing big voids under house that was unforeseen. I contacted my house insurance for an evaluation of the residence they hired a plumber and structural engineer to conduct an evaluation of my residence. November 13, 2013, I notified Up-Rite foundation that I wanted to schedule a completion date for the repairs at my residence. Up-Rite would not commit to a date until I talked to ***** *******. Up-Rite mailed me an additional contract for me to sign and include half of the amount for mud-jacking for a total of $3,840.00. After receiving contract in the mail I called and spoke to Mr. ******* about the original contract agreement, his respond was I can not come back out to your house and complete the work without the additional fee, I am losing money and can not complete it for the $1,800.00 on the original contract. I never cancelled the contract with Up-Rite foundation. Up-Rite foundation none respond to complete the foundation repairs is why I contacted BBB to file a complaint. Mr. ******* inconsistencies with the various reason the money is due, has me confused, first it's for the additional piers, then mud-jacking and now drain work and now he claims I cancelled work with Up-Rite when they were going to complete work (XX-XX-XX). This is not a true statement by Mr. *******. Instead, I waited for his respond to BBB, to reply after BBB made a second attempt is when he replied. Up-Rite has no loyalty to the customer, but I guess when you repair over 100 houses a year one unhappy customer is acceptable. Thanks Up-Rite foundation I had to cancel all of my family plans this holiday season due to the unfinished foundation work (holes, dirt piled on my driveway and entryway unfinished) at my residence.
Final Consumer Response