Complaint Category: Failure to honor a contract or agreement
Complaint: Failure to complete work in signed contract agreement although monies were collected for said work.
SHR Construction was hired with a signed contract on April 25, 2012. The agreement according to the contact was for work to be finished in a timely manner and all needs or concerns to be communicated with the assigned job foreman. The scope of work included rental of a POD, removal of furniture and then replacement, some ceiling repair, painting of seven rooms, removal of wallpaper and then paint in entryway and stairs, building a small office area, and electrical work with a finish date of June 11th, 2012. Other repair work was added with change orders after the original contract and were signed by both parties. After seeing that work was not being completed in a timely manner, that licensed elctricians were not being used, and that no one seemed to know who was in charge of the project, I asked for specific things to be finished as the project was now in August/September. My phone calls and emails were not returned in a timely manner or not at all. No one from SHR communicated with me when they were coming to work and would leave and not return for days and sometimes a week or more with no communication of when they were coming back. There were days that I waited for their call to let me know they were coming only to hear nothing from them. This caused me to miss appointments and other important engagements. This prompted me to ask for an accounting of funds as the project was not complete and I had paid them more than the 50% agreed to in the contract.
I requested a meeting to take place at my home on September 24, 2012 with Dan Stanley and * * from SHR, along with my bookkeeper, and decorator on the project so we could come to an agreement on how to finish this project efficiently. I gave them a detail of items not complete along with another request for an accounting of the funds paid to SHR. According to SHR, there was not a job foreman and the project manager was one of their daily work crew. It was NEVER communicated to me that the crew worker was the project manager and yet, * *, who presented himself in the capacity of job foreman(order supplies, delivered materials to job site, gave crew daily tasks, etc.) said at that meeting that he was never given that position and in his words, "I am not being paid enough to do that". I had voiced my concerns and needs with the person they said was the project manager on a daily basis. Their reply to this was that I had been requesting him to do additional work and he was not able to get his job done.
The unfinished work included in the contract called for a desk to be built and installed in a small office area, all electrical work be done, 2 cabinet doors be installed in the kitchen, and furniture moved out of POD and put back in place, and new roof to be installed, painting of foyer & upstairs hallway, and removal of wallpaper. There was some damage done to the hardwood floor in the dining room by SHR's painters and when I pointed this out to them they said they would get someone to take care of it which they have not.In fact, after the meeting on September 24th, they gave me a spreadsheet schedule of when unfinished items would be completed and those items are still not complete. They sent their roofer to talk with me about the work they were proposing to do and after I asked for 3 references from the roofing company, they left and reported to Dan Stanley that they were insulted and offended by the request. I have paid them for the roof work, the electrical work and the desk to be built and they have now communicated their intention of never coming back and finishing although they signed a contract. After having an attorney contact Mr. Stanley in attempts to resolve this matter, his response was that they were no longer willing to finish the work. I have since learned that they crew that worked on my job was not paid and subsequently left his employment.
Business' Initial Response
Before people are allowed to file a complaint the facts should be verified and the BBB has done a poor job of confirming if complaints are legitimate or not. We have forwarded all contracts for this person and the resignation letter for this customer's job to the BBB. This customer was given 4 extra months to make decisions that were supposed to be made at the original contract signing. Without these decisions we could not finish the work and at that point (4 extra months) we could not afford to lose any more money. This customer has a history of running off contractors/workers and it was our mistake to believe that we would get through this project without incident. The only factual data in this complaint are the dates of meetings were we tried to get her to let us finish. The rest is somebody's version of a story. We have over $ 3,000.00 of extra/additional work performed for this customer that we never billed! And she wants to complain? All the bull about the electrician, supervisors, waiting at home, and employees not being paid is a lie, PERIOD! We have the receipts and records. Her quote of our GM is false. He explained multiple times that we had a Forman and to have the GM stand on her job all day, just to be there would be an additional cost. We don't know if this is something against Hispanics or not. We follow our contracts and have always done extra for our clients and in this case contracts were written and gone over multiple times to ensure that this person was getting what they wanted. But from day one, she dictated all work evolutions and is the sole reason that the project did not get completed. She has called the City, the Police Chief, her attorney friends, and we have told them all, that if she would make the final decisions and get out of our way, we would complete the items with the written guarantee that she would pay us the balance owed. We never heard back until she wrote the BBB. That offer is off the table.
Consumer's Final Response
(The consumer indicated he/she DID NOT accept the response from the business.)
To restate the facts:
1. Resignation letter was received on 11/7/12. SHR presented me with schedule to finish work on 9/26/12. Their schedule indicated that work was to be completed on 10/4/12. As of 11/7/12 the roof and electrical work was still not complete. I read reviews on the BBB website about the roofer he had contracted and was concerned as to the quality of work. After being asked for references, the roofers left and reported to SHR that they would not work for the customer. After this, SHR said they sent their workers to finish up when in fact the work to be finished at that point, besides the roof, was electrical and their workers are not licensed electricians. They quit returning phone calls or emails after 10/5/12.
2.The only major decision they were waiting on to be made at this point was an office to be built downstairs. At the meeting referred to on 9/24/12, 2 employees of SHR, myself, and my bookkeeper were present as measurements were taken for the office/desk and details were discussed. They presented a plan on 9/27/12 by email . I did not make a decision at this time because other scheduled work had not been completed. Desk project came in to question as completion date arrived and work was again not done. I would not start the desk/office with a company that could not complete work in allotted time.
3.They had the same 4 extra months referred to, to pull up painter's tape from painting which was complete, remove items from POD and put back in home, install kitchen cabinet door, fix doors/shutters which would not close because they were painted over, have plumber install kitchen sink and finish French drain. Painters tape was not removed and has damaged the finish on my floors, items in POD including furniture, family videos, tapes, food items were damaged due to being left in heat and rain. These items were only supposed to be in POD for a few short weeks which turned in to months. I was left with the responsibility of having to remove items and put them back in my home many of which had to be disposed of because the were damaged. Another plumber had to be called to install kitchen sink and French drain is still unfinished.
4.The letter of resignation referred to in the response, states that "contractors were called in without their(SHR)consent". No other contractors were contracted to do work during the course of this project although the customer did obtain a 2nd roofers quote after reading the reviews on BBB about SHR's contracted roofer. Another plumber was eventually called due to the fact that as of 10/5/12 they had still not called a plumber to install the new sink.
5.SHR claims there is a history of the customer running off contractors/workers and speculated that customer had something against Hispanics. These accusations are an attack on the customer's character and are completely unfounded. Crew workers were treated with nothing but respect. This proved to be true when one of the crew workers showed up at my door in late fall looking for work as he was no longer working for SHR. He enjoyed his time at my residence and was surprised to find that SHR had not finished my project. He was looking for work of any kind and indicated that he had left their employment due to not receiving wages. Would like to know where they are getting their information.
6.In answer to his claim that over $3000 worth of work was done without being billed, let me remind SHR that over 90% of the job was paid for and the roof was not done, the office/desk was not built, the electrical work was not finished, and other finish work was not completed. I paid SHR for contracted work which I have now had to pay someone else to finish to live comfortably in my own home. On 9/24/12, SHR indicated that items that were done outside of the scope of the contract would be in exchange for other items which had not been fulfilled or either changed from original contract agreement. I took them at their word and made note of these items at that meeting. I asked repeatedly for an accounting of fund dispersal as work had been paid for and was not being completed. These requests were met with a simple sheet of how funds were applied to what invoices. No receipts for supplies, contractors , etc. were ever produced. Their answer to that request was that it was strange for a customer to ask for that type of accounting of funds.
7. The first GM assigned to the project acted in the capacity of job foreman and was present on the job site to direct workers. He was fired and during the transition there was no communication between SHR and myself as to who would be assuming the daily duties of job foreman. It was stated in the original contract that there would be an assigned job foreman; it was not communicated to the me who this person was. It was not until 9/24/12 that SHR stated that one of the daily crew workers was the assigned job foreman. I had, in fact, been addressing issues with this person and also the person SHR states was the general manager.
8. As to the statement that the customer would not "get out of the way" so they could complete the project, I lived in my home during the course of the project so I would not have been able to "get out of the way". I tried to continue with my life as usual and did spend the better part of many days waiting for the crew to show up or for the general manager to communicate with me about their schedule. I did miss meetings and was late for appointments because of this lack of communication. When I saw communication was not present I started asking questions as I did not see things being completed in the time agreed upon.
9. I lived at my home during the project and was not aware of the owner of SHR showing up to communicate with me or the crew. He was hard to reach by phone or email and rarely returned calls or messages. This left gaps in good customer relations and lack of good communication. There were days the crew would not show up and when I addressed this with the general manager I was told that the crew had been pulled off of my job to work on another project in another town although my job was not complete.
10. I did contact members of the community in order to gain instruction on how to go about handling a matter such as this, where a company is contracted to do work and does not complete it. I tried every avenue I knew to avoid having to lodge a complaint with the BBB and resolve this outside of the public eye.
Business' Final Response
Please furnish the BBB with an itemized list of all purchases made for the projects and all work that was completed.
Complaint Resolution: Company failed to resolve the complaint issues through BBB voluntary and self-regulatory process.