Complaint Category: Failure to honor a contract or agreement
Complaint: The service that we paid for was never started after waiting appthe file was approved. ******** chose to back out of the apartment because she was unhappy that her name would not be listed as a lease-holder, just as an occupant. roximately 1 1/2 months.
During 2012, ****, from A Unique Home Contractors came to our home located at **** ********* *** ******* **** XXXXX. He and my husband, *******, spoke about the work we wanted done. However, due to health issues, we were unable to follow thru on the project in 2012. In April 2013, ******* contact **** and he came to our home and done measurements and etc. and again spoke about the partial basement we wanted to add. **** returned a couple days later with an Excavator that he sub-contracted work to. Again, a conversation with details of the work we wanted was discussed. On April 11, 2013, **** again returned to our home and a contract between **** and us was signed and we paid $3,089.00 (Half) down payment. On July 1, 2013, the City of Dayton approved all prints and issued Permit # RESXXXX-XXXXX. At that time, ******* again contacted **** and advised him that we were able to move forward with the basement addition. A few weeks went by, the work was not started. Numberous phone calls between ******* and **** took place and each time we were told that he had not heard back from the Excavator and that he was looking for another Excavator to do the job. Again, days and weeks went by. Same conversation occured between ******* & ****. Finally, on August 7, 2013, I spoke with **** myself and was told the same thing (Can't find an excavator). He asked for a little more time. I agreed that if nobody was found by Fri. Aug. 16, 2013, I would like to meet at my home to discuss the situation. On Aug. 16. 2013, **** arrived at our home shortly before 4:30 p.m. At that time, he advised us of the same situation but added that the original Excavator that did the estimate had "under-bidded" the job and no longer wanted to do the job for the quoted price. **** then stated if we gave him an additional $2,500.00 he could have an Excavtor at our home with no problem. Or, for the amount we had already paid ($3,089.00) he could have someone dig (excavate) and we would have to finish the block work and basement our selves. At that time, I was very upset and explained to **** we have been waiting since July 1, and had no idea about the issues HE WAS HAVING with the original Excavator he sub-contracted with until the time of the meeting. AT that time, my husband and I requested a refund. **** then stated that according to the contract, if we cancelled the work to be done, he only was required to refund us half the price. At that time, I became more upset and explained to him that actually he broke the contract by not having the work done and requesting $2,500.00 over the original quoted price and that the issues with HIS sub-contractors was not our fault. Additionally, if the job was under bidded, the work would NEVER get done because "as he stated" nobody wanted to do the work for that price so there was no way it would ever get done and that we should receive a complete refund as this was not our fault and we been patient and waiting for somebody to do the work because we wanted it done. **** agreed to refund $2,500.00 of the $3,089.00 but said he was keeping the $589.00 for coming to our house, the phone calls he made to TRY and get another Excavtor and for the blue prints he submitted to the City of Dayton. (which was part of the job in order to do the work because that is a City of Dayton requiremnt. I just feel that if we wouldn't let the work be done or cancelled the contract for an invalid reason and cheated his company out of the money, I could see him refunding half the money. But, it wasn't our fault. He knew from the beginning that his original excavator supposedly under-bidded the work and never told us. Instead, it was a reason week after week to put us off knowing it wasn't going to get done in the first place. We wasted a month and a half and still didn't get the work we was promised and paid for and I don't feel he was entitled to $589.00 for phone calls to find somebody to do the job. Thank you.
Business' Initial Response
I explained to ******* and ****** ********* the terms for canceling our previous agreement. They both signed and agreed to the cancel the contract for the refunded amount of $2500. I can provide this agreement with both of their signatures upon request.
Consumer's Final Response
(The consumer indicated he/she DID NOT accept the response from the business.)
**** did explain the conditions of cancelling the contract. I myself did sumbit a copy of the ORIGINAL Contact, a copy of the signatures voiding the contract, as well as phone records and copies of checks for your review with my initial complaint. My husband and I even advised **** that if he could find someone to complete the work as promised, we would be willing to enter into a new contract with him. As of this date, we have not been contacted by ****.
However, as I stated in my original complaint, **** also stated that his sub-contractor underbidded the work to be done and NOBODY would do the work for the quoted price which is why the work had not been started. We were not aware of this until our meeting on Friday, August 16, 2013. He said the work could be started right away if we gave him an additional $2,500.00.
Therefore, I feel **** (A Unique Home Contractor) broke the contract that was originally signed because we was never going to get the work done as quoted anyway. With that said, he charged us because his company was unable to full the terms of the contract.
Additinally, **** wrote out the check to us on Friday, August 16, 2013 but stated the funds to cash the check were not in the bank and that we had to wait until Monday, August 19, 2013 to cash the refund check. Why wasn't our money in an escrow account since the work we paid for wasn't even started and if his company is doing business legitimatley, why did we have to wait to cash a check written by ****?
In closing, I just feel **** should have told us immediately that his sub-contractor underbidded the work and gave us the opportunity to work out an agreement in early July instead of waiting until the day of our meeting (Aug. 16) to cancel the contract. He knew all along that nobody would or was willing to do the work for the quoted price so why keep us waiting and giving up false hopes of it getting done. We were patient and gave him a month and a half to get somebody to honor our contract and that was never done.
We were chared $589.00 for cancelling a contract that was really already cancelled by **** because the work wasn't going to be done at the quoted price as **** himself stated. We would still be waiting on **** to get a contractor and would still be getting lied to if we hadn't agreed to the cancellation on August 16, 2013.
I want my $589.00 back and I feel he should be responsible for the other contracts we had with other vendors who were also waiting on **** to full his end of the contract.
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.