Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:09/12/2024

  Type:Order Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We purchased this home from Max Building Innovation LLC. The sole owner is Vilmos aka Bill P*****. We did not hire him to build this home we just happened to find it as soon as he finished it. We purchased it November 9, 2022. After a few months we started noticing it was falling apart. We contacted him because we signed a 2 year warranty with him. He told us off, refused to come look at the issues, & said they were cosmetic. It wasn't until we called & had all of the county inspectors come out and look when he finally did anything. He started removing dirt away from the house & we noticed the structural damages. I can name numerous issues but the big ones were we could see outside & to the dirt underneath our house from inside. Our gas line continues to shift because the house is moving. We had plumbing issues weekly. Electrical tape was his only "fix". He finally told us he didn't know what's wrong & that we need to use RV toilet paper. We found the dirt under/around our house was not compacted so gravel &everything washes away into our neighbor's yard. He was "updating" ***** & ****'s home which is in shambles(they filed a complaint with BBB).He told them he would file bankruptcy if they sued. We have found (through our lawyer) he has done that other times in the past.He built the house next door to us that has similar issues.Previous tenants let us walk through/around the house. He blames the buyers saying they are the"crazy/picky ones. Clearly that is not the case. He uses the same inspector for all of his buildings. The inspection listed certain "requirements" that were supposed to be done and approved before we would/could purchase the house. They were not completed and yet the inspection was still approved. He attempted to "fix" things but we found he was only covering up. We gave Bill the option to pay for a contractor to do the correct job or he fixes things under the supervision of an engineer of our choice. He refused. Bill sold his house and moved away.

   

  Well in the state of Colorado there’s a law on new builds that have a 2 year warranty. There is not contract. We had no idea about it until Bill told us when we purchased the home. ***********************************************************************************************************************
  
  When he told us off about things being “cosmetic issues” we had the county come out. They called him up and said he needed to fix everything going on. It wasn’t until then he came to try to “fix” the issues that he said he would extend our 2 year warranty because they were on his butt about it. Of course we don’t have that in writing unfortunately because it was all in person. But the 2 year Colorado warranty should have been upheld. Please let me know if there is anything you need. I have our engineers NOC report and our inspection report. The files were too big to upload on the website. Not sure how in-depth these complaints can be. 
  Thank you,
  ******
  
  

  Business Response

  Date: 10/06/2024

   

  DEAR MADAM / SIR

  ABOUT *** **** ** ******** COLORADO COMPLAINT

  i BUILT THIS HOUSE IN 2022

  AT THE TIME OF PURCHASE BY GOOD FATE I GIVE THE BUYERS $35,000- DISCOUNT TO HELP THEM TO OBTAIN THE MORTGAGE

  ALSO, I LET THEM MOVE IN TO THIS HOUSE 2 WEEKS BEFORE THEY COMPLETED THE PURCHASE BECOSE THEY PREVIOUS LEASING WAS EXPIRED

  AND THEY HAD NOVER TO MOVE WITH A CAT AND DOG AS WELL

  AFTER THE WINTER THERE WAS A PROBLEM WITH THE SNOW MELT WHERE THE CONCRETE WALKWAY AND AROUND THE HOUSE THE FILL / DIRT / MATERIAL WAS SINKING

  WE HAD 2 NEETING WITH THE LA PLATA BUILDING DEPARTMENT OFFICIALS TO TALK ABOUT THE CORRECTION

  ALSO THE STRUCTURAL ENGINEER ADVISED ME THAT THE LANDSCAPE RETANING WALL IS NOT CORRECT

  HE WANT ME TO COMPLETE AN APPROX. 55 FEET LONG 5 FEET HIGH FUNDATION STILE CONCRETE WALL WHICH WILL RE DIRECT THE SNOW MELT TO THE EXISTING STORM CHANEL 

  ALSO WE AGREE THAT I WILL CORRECT THE DEEPNESS OF THAT STORM CHANEL BEHIND THE HOUSE

  IN THE 2 MEETING FIRST I WAS ALONE IN THAT OFFICE SECOND TIME WITH MR ******

  I DID AGREE FOR ALL CORRECTION AND TOLD MR ****** THAT BECAUSE OF THE VALUE / EXPENCE / OF THIS CORRECTION I NEED A MINIMUM OF 3 MONTHS TO START THE WORK WHICH WE WAS AGREE

  COMPLETED WORKS AS FOLLOW

   

  - REMOVED THE CONCRETE WALKWAY , STAIRS AND LANDING 

  -DIGG AROUND THE HOUSE FUNDATION REMOVED THE OLD PERFORATED STORM PIPE

  -INSTALLED NEW SOLID WALL STORM PIPE COVERED WITH 3/4 INCH GRAVEL AND STARTED THE BACK FILL  WITH COMPACTION

  - WE WAS ABLE TO SEE THAT THE WATER ALMOS IMMEDIATLEY STARTED TO FLOOW / WHICH IS A VRERY GOOD THING /

  -THE HOUSE WAS BUILT CLOSE TO A HIGH BANK WHERE NOT JUST THE SNOW MELT WAS PRESENT ALSO THE UPPER STREET RAIN RON OFF WAS UNDER GROUND

  -ALSO I HIRED A CONCRETE COMPANY WHO COMPLETED ALL FORMS AND REBAR READY TO CALL FOR INSPECTION AND CONCRETE

  INSIDE THE HOUSE MR ****** TOLD ME THAT HRETHINKS THERE IS A CRACK IN THE SLAB

  WE STARTED CAREFULLY REMOVE THE BASEBORD AND SOME FLOORING MATERIAL TO INSPECT THAT AREA

  AFTER I TOLD HIM THAT THERE IS A SMALL NORMAL CRACK RIGHT BY THE FUNDATION HE STARTED JELLING AT ME AND DISTROYED A BIG PORTION OF THE HALLWAY FLOOR ALSO HE TOLD ME SEVERAL TIME INFRONT OF MY SUBCONTRACTOR THAT HE WILL END UP IN JAIL

  I HAD NO IDEA WHATN HE WAS MEAN ABOUT THAT I NEVER FIGHT DONT LIKE TO HAVE ANY INCIDENTS SO I WAS MAKE SURE THAT NEVER SHOW UP AT HIS HOUSE ALONE

  ONCE WE GET TO THIS POINT HE WAS VERI ARROGENT WITH ME AND TOLD ME TO LEAVE OTHERWISE CALL THE POLICE ON ME

  I WAS 2 DAYS A WAY 2 COMPLETE THIS CORRECTION / EXEPT INSIDE THE HOUSE FLOOR REPAIR / 

  THAN HE CALLED AND TEXED ME TO LEAVE IMMIDIATLEY

  MY COMPANY WAS THERE ALSO MY EXCAVATOR READY TO FINISH THIS CORRECTION

  I ADVISED MY SUBCONTRACTORS AND THE CONCRETE COMPANY ABOUT THE SITUATION THAN THEY DECIDED TO REMOVE THE COMPLETED CONCRETE FORMS. REBAR, ETC AND LEAVE

  NOT TAKING PART OF THIS SITUATION

  I HAVE EYE WITNESS WHAT HAPPEND THERE ALSO, ALL PICTURES  AND TEXT MASSAGES TO PROOVE WHAT HAPPEND THERE /WHICH WILL COME ON THE NEXT EMAIL

  BEFORE I LEFT I WAS TRYING ONE MORE TIME TO TALK TO MR ****** TO LET ME FINISH THIS CORRECTION HE DENIED IT

  I TOLD HIM THAT HE IS CREATRING HIS OWN DESASTER AND MAKING A REALY BAD CHOICE 

  REGARDS

  BILL P*****

   

  Customer Answer

  Date: 10/08/2024

  Complaint: ********
  
  
  
  I am rejecting this response because:
  
  Bill had been telling us for months that he was going to be coming out to make these corrections. He would show up one day and then we wouldn’t see his for weeks at a time. It was finally getting close to fall (which snow can start falling that early here). We kept asking if it was going to be done before then? Finally, he started showing up consistently (a whole 5 days) and we asked when he was going to pull the dirt away and expose the foundation? We had a feeling all of these issues had something to do with the foundation. Once he exposed it we saw that we could see all the way outside from our living room. We can poke a 2 foot wire down to the ground and touch dirt. His excuse was “that’s just the house settling.” I have watched centipedes crawl up through the cracks. We told him to stop all repairs until we got an engineer out to look at it because we no longer trusted him. We had a contractor come out and said Bill had to of poured the cement in 2 pours and you can tell it was done incorrectly. Our neighbor (who has now moved) used to be a contractor and he witnessed Bill doing the same thing. 
  

  We were going out of town for a week and we said do not touch the house until we get an engineer of our choice to show us exactly what we need done and how Bill will have to fix it under this engineer's plans. He said ok that he won't touch the house, which we have text messages, and said he would have to bring his excavator down to the house but ONLY to stamp the dirt because it was not compacted correctly. Which is why no gravel stays on our driveway. It washed away after the snow melted. Now our driveway is a HUGE mud pit every time it rains or snows. He agreed to not touch the house. Luckily, we had cameras outside (which he was aware of because he asked us about them). We caught him (on video while out of town) trying to shove the dirt back around our house to cover up the mistakes which he obviously was aware was a big deal. So we called him and told him to get off our property until we returned back to town. We have a video saved with the conversation and we said the concrete guy who was building the retaining wall did not have to leave but Bill needed to. And he told the concrete guy we were “firing all of them.” Which we 100% did not say. We did not have the concrete gentleman’s number to notify him of that. Thanks to Bill's photos, he already provided all of that proof for us with his photos. We did not want him on our property covering up his huge mess until we had an actual professional show up and oversee his work. So he decided to “permanently remove himself” after we had those requests. He tries to cut corners on every aspect of this house so "permanently removing himself" allowed him to not have to pay and CORRECTLY work on/fix the house. 
  
  Also I must say, he was trying to get this all done in a matter of a week or so. We had 3 local contractors come out and they all said with the dirt work and foundation issues it’s going to be at least $200,000 to fix. Money that we don’t have because we spent it on our first home. The local contractors know about Bill and they said they would help us in anyway but they don’t want their name tied to any of his work. They said our best bet is to get someone from outside of Durango. Again, we couldn’t afford. We had to have the gas guy come out at least 3 times to tell us our gas line was safe (see photo). He said for now it is but we need to purchase a carbon monoxide monitor that is closer to the ground because we will never know when the line is no longer safe because we will be dead before the monitors high up go off. Very comforting to hear. He said he can continuously come check on our gas line because he was genuinely concerned. 
  
  We have the engineer’s NOC report (see photos) comparing Bill’s work with the inspection report. Many things that were said MUST be done but were not. Also, he uses the SAME inspector **** ******** for all of his projects that happen to pass but fall apart in a matter of months. Please reach out to ***** and **** and our neighbor. **** was their inspector as well as our neighbor's inspector.
  
  We gave him the chance to fix things. We gave him almost a year and he never tried to fix ANYTHING correctly. Yes “Mr ******s” was upset because we could immediately see how screwed we were once we saw the foundation. He has seen his fiancé cry almost everyday because I knew we were ruined financially after this. By the way, the house is in my name. Any right man would feel the same seeing his wife or partner this upset. This man has ruined our lives. 
  We’ve asked him multiple times to buy the house back since he sees nothing wrong with it so he can do whatever he wants on his terms. He refused.
  We were going to sue but per our lawyer, “he has hidden ALL of his assets under one of his family members names because he has done this same thing and filed bankruptcy at least 2 times.” Which you can obviously look at **** and *****’s BBB complaint- he isn’t afraid to threaten bankruptcy because he has gotten away with it in the past. You can google his name and find all of his previous judgements. It’s public records. 
  We have tried to sell the house, with everything disclosed, but no one wants this house that’s falling apart. They can see the engineer and inspection report themselves and make their own judgement without knowing all of this going on behind the scenes. 
  So now we are foreclosing and filing bankruptcy. We put all of our money we had saved to buy our first home into this and expected to start a family here. This man is a con artist. And we don’t think we will ever be able to buy another home. I had to pull money from my retirement for this house and I’m still paying it back with nothing but a piece of crap home to show for it that we will be walking away from. I guarantee it will be condemned. We will be lucky to be able to even rent an apartment without asking someone to help sign for us. I've had perfect credit my entire life. So thank you Bill for opening my eyes to people like you who take advantage of hard working middle class people who pay their taxes and don't file bankruptcy to avoid doing the right thing. 
  If I can upload 100 pages of photos, videos, reports I will happily do it. We can keep this going for a year if we have to. Bill has been getting away with this far too long. As a person who claims he is "a man of God" he most certainly does not show that in his everyday life.
  
  Regards,
  
  ****** ********
  
  
  
  

  
  

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

  Business Response

  Date: 10/17/2024

   

  I will not repeat my self again 

  The home owners should let me finish this correction on that time 

  Not Chace me a way and call mi a *****

   

   

  Customer Answer

  Date: 11/04/2024

  Date Sent: 10/25/2024 5:54:07 PM
  

  Complaint: ********
  
  I am rejecting this response because:
  
  Bill,

  anyone in their right mind would feel that way towards you because you have ruined what was supposed to be the best years of our life. This was supposed to be where we started a family. Our first home. Again, I took out of my retirement and now we can no longer purchase a home because of you. How about you come fix this electrical work that you did so we aren’t out another $4,000. Then maybe we can talk. Attached is my email I sent you. You won’t even have to deal with ****. Make it right. This is absolutely disgusting you are taking it this far. Again, we are still under warranty. Or do you not stay true to a signed document? Does your word mean nothing? You got called a mean name? I’m a nurse, I get called nasty names every single day. Way worse than ***. I still have to treat and care for patients. Maybe grow up a little and own up to your mistakes. Again, NO CONTRACTOR around here will deal with our house because they don’t want to be tied to YOUR work. You are our only option at this point. Make it right. 
  
  Regards,
  
  ****** ********

  Business Response

  Date: 11/05/2024

  I was at your house to complete the work what was indicated by the La Plata County Building Department 

  Only 4 hour a way to complete the dirt work

  the concrete form for the Retaining wall was completed for the inspector ready to poor the concrete 

  I been told to pack and leave otherwise the police will be sent by you guy's 

  The concrete company charge me for the full contract

  You guys should let me finish that work

  Not telling me that you go with a different direction 

  As I told you the same day on my text

  YOU ARE CREATING YOUR OWN DISASTER 

  I sent all the pictures previously my team was there also with the concrete company 

  Customer Answer

  Date: 11/07/2024

  Complaint: ********
  
  
  
  I am rejecting this response because:
  
  
  
  Bill,

  you know darn well we told you to leave because you were covering up our foundation when we specifically said not to. You said you would not cover anything up but you were bringing the excavator down to the house to “stamp the driveway.” You did zero stamping and you were burying our foundation before we could get an engineer out because we knew it was NOT built correctly. stop with the lies. You tried to do a 2 month project in a matter of 4 days. We 10000000% told you the concrete guy did not have to leave but YOU had to leave because you were going against our agreement. We have the conversation on video Bill. So yes police would have been called because what you were doing was illegal. I’m glad he charged you as he should have. You wasted his time. He told us the wall wasn’t even going to be to code anyway. Because you didn’t want to pay more money. He did not have great words to say about you in the first place. We had him look at our foundation as a concrete professional and he said 100% it was not poured correctly. You told him not to talk to us because we were “crazy.” Sounds like the other people you are getting sued by. Yes we are all the crazy ones. Why did they have to have their deck completely torn down and spend $20K to rebuild it by another contractor? Because you don’t know what you are doing. You are a crook and a thief. I will continue this argument for years if I have to. Own up for once Mr P*****. You should not be able to build homes and everyone who looks you up should know that. 
  
  
  
  Regards,
  
  
  
  ****** ********
  

   

  
  

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

• Initial Complaint

  Date:02/08/2024

  Type:Order Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Max Building Innovation, LLC (Max), owned by ****** ******, provided services at **** **** ***** ****** ***** ********* ** ****2 in 2023. Contracted services included removing/rebuilding wooden deck, installing new concrete foundation/walkway under deck, building attached carport, new exterior staircase, staining home/outbuilding, installing driveway, removing/replace fireplace with a new, construct a closet, complete drywall work, add ½ bath addition, and install EV charger. Max was paid in advance. ** ***** County Building Dept. approved project with understanding that Max comply/perform work IAW stamped project comments, which Max failed to do. Max also failed to comply with County inspection findings of poor performance, errors and substandard workmanship. This led to contract termination on 12/05/23, despite uncompleted work. Work performed prior to contract termination has several defects, inadequacies, and/or deficiencies - carport roof construction are not IAW County approved construction drawings and are not structurally adequate. Existing deck/carport roof structure requires additional improvements and strengthening, and additional deck structure and earth retaining wall must be removed/re-built. Defects/deficiencies have caused/will continue to cause consequential property/other damages, including: rip/tear damages; harming abutting materials; dis-elevation, cracking and premature deterioration. Additionally, improper construction has caused/will continue to cause structural problems. On 12/21/23, Max was sent a notice of claim pursuant to CRS § 13-20-803 (CDRA) and given 30 days to inspect property, another 30 days to submit proposal to repair/settle this matter; Max has done neither. A demand letter is being prepared to identify damages caused to property and how much it will cost to have new contractor repair/complete project. See attachments for further details.

  Business Response

  Date: 02/29/2024

  EVER SINCE WE SIGNED THE CONTRACT TO COMPLETE YOUR COMPLEX RENOVATION AND ROAD UPGRADE MY FULL OBLIGATION WAS AND STILL IS TO COMPLETE IT BY MY CONTRACT AND THE COUNTY ENGINEER APROOVEDAND STAMPED BUILDING PERMIT

  
  UN FORTUNATLEY THIS IS NOT THE CASE/ YOU WANT TO HAVE A LOT MORE WORK DONE FIGHTING AND FORCING ME WHICH COST TENS OF THOUSANDS OF DOLLAR EXTRA SHOULD BE A CHANGE ORDER
  
  LET ME EXPLANE CUTTING TREES
  
  - ASK ME TO CUT SOME TREES OUT AFTER WE CUTED IN SMALLER PIECES/ PAID MY PROFESSIONAL GUY/ YOU COME OUT AN COMPLAINED THAT BRANCHES WAS STILL THERE
  
  SO WE LOADED UP MY TRAILER AND TAKE IT TO BONDAD LAND FILL BY NM BORDER AND PAID FOR THE DUMP. " NOT ON MY CONTRACT"
  
  -PROPANE TANK EXCHANGE
  
  YOU ASK ME TO BUILD AN APPROX 20 FEET NEW DRIVEWAY CLOSE TO THE PROPANE TANK SO THE SERVICE GUY CAN REMOVE THE OLD ONE AND INSTALL NEW.
  
  AFTER THAT WAS DONE YOU ASK ME TO CARRY DOWN THE OLD TANK BY THE MAIN ROAD WITH MY EXCAVATOR. ONCE THAT WAS DONE YOU ASK ME TO REMOVE THAT 20 FEET DRIVEWAY AND REPAIR THE DIRT BACK TO ORIGINAL CONDITION. AFTER THAT WAS DONE YOU ASK ME TO GO DOWN WITH MY EXCAVATOR AND MOVE FURTHER DOWN THE OLD GASTANK. "NOT ON MY CONTRACT"
  
  -COMPLETE DECK PAINT
  
  YOU COME TO ME AND TOLD ME TO PAINT THE WHOLE DECK MATERIAL BEFORE INSTALL ALSO COMPLETE PAINT AFTER THE DECK BUILDING IS COMPLETED
  
  COST MANY THOUSANDS OF DOLLAR "NOT ON MY CONTRACT"
  
  -EXTENDED PARKING LOT
  
  WE EXTENDED THE PARKING AREA PROBABLY BY 35 FEET AND BURRIED THE DEMOLISHED CONCRETE UNDER THE NEW DIRT PARKING AREA
  
  UNFORTUNATLEY YOU GUYS NEVER KNOW THAT PART OF THE LAND IS BELONG TO THE NEIGHBOOR PROPERTY
  
  IT IS LOOKS LIKE NO ONE FAULT.
  
  SO YOU COME TO ME TO REMOVE THAT NEW PARKING AREA AND TAKE ALL CONCRETE OUT AND TAKE IT A WAY FROM THE PROPERTY
  
  WELL I BUILT THIS PARKING REMOVED AND DELIVERED THE DEMOLISHED CONCRETE OUT OF PROPERTY COST THOUSANDS OF DOLLARS "NOT ON MY CONTRACT"
  
  -DRIVEWAY ELEVATION WORK BY THE HOUSE
  
  FIRST APPROX 6 WEEKS AGO I REMOVED WITH MY EXCAVATOR 2 FEET DIRT BESIDE THE HOUSE SO IT WILL BE MORE SAFE TO PARKING ON
  
  RECENTLY YOU COME TO ME THAT YOU WANT TO RAISE THE ELEVATION OF THE DRIVEWAY TO THE
  
  CARPORT APPROX 40 FEET LONG SO IT WILL BE EASIER TO DRIVE UNDER THE NEW CARPORT AREA.
  
  ONCE I COMPLETED YOU GUYS ASK ME TO WIDEN THAT PART OF THE DRIVEWAY SO I DID IT AND YOU STILL HAVE CONCERN TO DO MOERE ON THAT
  
  COST THOUSANDS OF DOLLARS "NOT ON MY CONTRACT
  
  -CUSTOM METAL RAlLLING AND 2 GATES
  
  THE DIFFERENCE IN BETWEEN THE SIMILAR WOOD RAILLING TO BUILD WITH METAL MESH /ON MY CONTRACT/ OR TO BUILD A CUSTOM STEEL RAILLING WITH 2 GATES
  
  $7,500- "NOT ON MY CONTRACT"
  
  -NEW ENTRANCE DOOR WITH STEEL SECURITY DOOR PURCHASE AND INSTALL $2,450- "NOT ON MY CONTRACT"
  
  -FRONT OF THE HOUSE BASMENT EXTERIOR COMPLETE NEW CORRIGATED METAL INSTALL "NOT ON MY CONTRACT" /ZERO CHARGE @ $3,500-/
  
  -CONCRETE BLOCK WALL
  
  IT IS BUILT PROFESSIONALY WITH REBAR ATTACHED TO THE HOUSE EVERY 16 INCH APOXY IN
  
  ALSO 3 PCS OF 20 FEET REBAR BENT IN THE CONCRETE WALKWAY 12 FEET AND ERECTED 8 FEET IN THE BLOCK WALL FILLED IN WITH CONCRET
  
  4 INCH SOLID SCEDULE 40 PIPE WITH 2 ROLLS OF HOLES ON TOP 16 INCH GRAVEL ON TOP AND FILLED WITH DIRT COMPACTION STILL REMAINING
  
  EXACT SIZE AS THE OLD BLOCK WALL WAS IF YOU NEED AN EXTENSION ON IT THERE WILL BE A CHANGE ORDER
  
  ***** *****
  
  THIS IS MADNESS FINANCIALLY UNSUSTAINABLE I DON'T KNOW WHAT YOU GUYS WAS THINKING
  
  RIGHT NOW FOR ALL THIS HUGE ADDITIONAL WORK
  
  THERE IS A MINIMUM $37,500- CHANGE ORDER WICH IS HAS TO BE TAKE CARE OF IT ASAP
  
  ****
  
  YOU WAS ANGRY AND FIGHTED WITH ME FOR 2 MONTH WHILE WE WAITED FOR THE COUNTY BUILDING DEPARTMENT PERMIT
  
  YOU DIDN'T WANTED THE PERMIT AND WANT IT TO DO THE WHOLE JOB DONE ILLEGALLY I WAS TURNED OUT TO BE RIGHT THIS PERMIT IS YOUR SAFETY NET
  
  FINALLY WE HAVE THE
  
  COUNTY BUILDING DEPARTMENT ENGINEERED STAMPED APPROOVAL NOW IT IS NOT ENOUGH FOR YOU? AS I MENTIONAED AT THE BEGGINING
  
  MY OBLIGATION IS TO FOLLOW EVRY STEP OF WAY THAT COUNTY PERMIT AND MY CONTRACT
  
  IF YOU WANT TO HAVE ADDITIONAL ENGINEERING DONE THIS IS YOUR HOUSE I AM NOT GOING TO STOP YOU JUSTMAKE SURE YOU UNDERSTAND
  
  ANYTHIG DIFFERENT COMES OUT FROM THAT REPORT COMPARE TO MY COUNTY APPROOVAL THERE WILL BE A CHANGE ORDER GIVEN TO YOU
  
  SO HOW WE MOVE FORWARD? MY ADVISE
  
  CALL INSPECTOR **** TELL HIM THAT YOU FINE WITH THE COUNTY ENGINEER APPROOVAL SO HE CAN LET US GO BACK AND FINISH OUR JOB
  
  TO BUILD THE DECK , CARPORT WITH ROOF , RAILLINGS AND ELECTRICAL BEFORE THE BIG WINTER WEATHER IS COMING
  
  **** ******
  
  MAX BUILDING INNOVATION LLC

  Customer Answer

  Date: 03/05/2024

  Complaint: ********
  
  
  
  I am rejecting this response because:

  ******* Response:  The county approved the project with the understanding **** comply with the written notes/comments provided on the Stamped building project.  **** did not comply with these.  Additionally, he did not obtain the services of a structural engineer and submit new plans as noted in the courtesy county inspection nor has he addressed the findings of our independent consultant’s findings.  
  
  The additional work needed is due to the fact that the county required it and that the initial work was not done in accordance with the county stamped permit.  The additional work required is based solely on the fact that Max Building Innovation, LLC (Max/****) did not follow his own plans, nor the guidance, instruction or recommendations from the county.  The “tens of thousands of dollars extra” are a result of ****’s construction defects/deficiencies identified to date and his own failure to comply with county - not his contention that we “want to have a lot more work done fighting and forcing” him to do more work.  
  
  ******* Response: **** was not asked to cut trees.  ***** asked **** for recommendations on companies that cut down trees because we intended to have two dead aspens removed so they wouldn’t be a hazard to anyone on the driveway or from falling onto the new carport area.  **** told ***** that his neighbor cut trees so he volunteered to reach out to his neighbor and have him cut down the trees for us, and we agreed.  **** told us he paid his neighbor $100.  We asked for an invoice to pay it; however, he never provided a request for reimbursement.  
  
  The branches **** said we “complained about” were not as a result of the two aspens being cut down.  The branches (actually roots) were from the demolition **** did with his excavator to the front yard to get fill dirt to construct the carport.  We have photographs of the “dead branches” - they are not aspen branches.  And, there is no justification or proof the branches/debris were transported to the NM border, or anywhere else.  
  
  ******* Response:  We did not ask **** to build a 20-foot driveway to access propane tank.  ***** **** Propane Manager came to inspect area where new tank would be set.  He said that because of the slope, he couldn’t remove old tank (and put in new tank) without flattening the area.  **** was present and overheard what was happening.  He volunteered to flatten the area since he had his excavator onsite; it was apparent to everyone at the time this was voluntary.    **** asked the Manager what was needed for access to the tank and was told the area adjacent to the tank need to be scraped and flattened to allow truck access.  In order to flatten the area, **** told us to go buy some plywood and he’d take care of the rest…which we did.  After **** flattened the area, we asked if he could roughly slope it back to its original condition.  At no time (during or after), did **** ask for reimbursement and it was understood this all was done as a favor to the ***** **** Propane Manager, not us.
  
  ******* response:  Painting/staining of deck wood was part of the initial expectation as discussed between **** and **** regarding the deck construction. **** told **** that deck boards should be stained to match the freshly stained house that **** was doing; obviously, for aesthetic reasons as well as for new deck preservation.  **** agreed he was going to stain the new deck, along with the house and it was considered part of the scope of work.  
  Any further painting or staining **** complains about is the result of not finishing it all prior to onset of winter.  We never requested anything beyond what was promised.  At no time did **** ask for a change to the contract, or demand additional compensation for painting, as this was already part of the contract costs.  Of note, while the submitted plans by Max stated that the deck wood to be used was to be “pressure treated”, the county discovered that the wood used was NOT pressure treated but rather ordinary pine; Max substituted substandard material, contrary to contract requirements (see page 1 of contract).
  
  ******* response:  First of all, there never was a “parking area” on the west side of the property.  It was merely a clearing on our neighbor’s property.  We did not ask for, nor give permission for **** to “extend” or build what he refers to as a “parking area.” This “area” was created while we were out of state and **** never mentioned he was going to do this.  Additionally, we never gave permission for demolition material, concrete and debris to be buried on the property.  Nevertheless, **** moved and buried the demo material to that site. When we returned, we requested the concrete and debris be removed and properly disposed of, since disposal of renovation demolition, to include removing the demolished concrete, was understood to be part of the cost of doing the project.  **** said he would remove the buried concrete later, as he needed to use it for staging of delivery vehicles.  Of note, **** sold the old deck material, and kept the proceeds.  Contract states that “demo” would be done, which would necessitate removal of concrete and other debris.  
  -DRIVEWAY ELEVATION WORK BY THE HOUSE
  
  ******* response:  The dirt was not removed to make an area “more safe [sic]to parking on” as **** states.  The dirt was excavated by **** so he could create the carport base and approach.  After digging up the existing driveway and front yard to create the carport base, **** had left only a narrow driveway and approach that was dangerously steep.  We asked **** several times to stop scraping anymore dirt from front of property as he was damaging the grade and destroying vegetation.  We also repeatedly asked **** to bring fill material in, which was desperately needed to accomplish the construction of the carport and driveway, rather than dig up the property more. Material is still needed to replace the extensive amount of dirt initially removed.  Currently, we are left with a steep narrow approach and transition, with a dangerous drop off.  **** repeatedly told us he would repair/fix the driveway and the transition and return area to its original state.  Removal of the dirt created the dangerous condition that still exists. 
  **** said, “I’ll compact it with my compactor.  That was my plan…so it will be a safe driveway.”  We emphasized that filling the driveway with fill dirt (to repair damage he caused with his excavator and his trailer) was part of the expense of the job.  **** agreed.  And, when **** told **** that he needed to bring in some material (fill dirt) **** stated, “Ya, of course.”  **** reiterated that he would fix the driveway and the transition.  
  
  ******* response:  We did not request or ask for custom metal railings.  **** included, as part of his submitted/approved drawings the installation of an all-metal railing.  He told **** that installing metal railing would not only be pretty for the new deck but less costly than installing wood railing.  At no time did he mention “custom” and that it required an additional cost of $7,400.  To now claim metal railing is not in his contract is false.  In addition, **** removed the access gate to the backyard and told us a new gate would be provided in its place. The other gate is a safety measure and required per code for the new stairs being installed. At no time did **** state there would be additional charges for anything.  Regardless, nothing has been installed as per contract.
  
  ******* response:  No new entrance door with steel security door was requested, proposed, purchased or installed.  This is completely false.
  
  ******* response:  We did not ask for new corrugated metal to be installed; the original metal was acceptable.  Installation of new corrugated metal was not part of the contract requirements and was presumably removed as a matter of course required during deck construction.  Nevertheless, we were away from the property when the replacement began, and when we asked why old siding was being removed, **** told us that he replaced it with new since he did not think old metal would look good with the new deck he was building.  
  
  ******* response:  We paid separately, an extra $5,000 to have a concrete block retaining wall installed.  This $5,000 also included electrical work (which also hasn’t been done).  **** failed to include this block wall in any updated drawings to the county, a glaring omission.  We requested a courtesy inspection by the county and per the county inspector’s findings, the retaining wall could never pass inspection and needs to be demolished and re-built.  Three separate construction experts evaluated what was done with respect to the wall and all opined that it was not constructed properly.  We now have a written, professional engineer’s report that states this retaining wall should have been longer due to erosion issues, should have had a footer and was not backfilled properly.  Obviously, the wall was not “built professionally.”  In fact, when installing the retaining wall, **** repeatedly told **** that it was not being done correctly and asked that he re-evaluate, but he would not listen.  Of note, **** used free concrete blocks from our property to build his wall.   
  
  ****, *****
  
  ******* response: There is no change order totaling $37,500.  This was a fixed price contract. Max has been paid a total of $110,000.  The “huge additional work” **** is alleging needs to be done is not the result of any “change orders.”, or any kind of out-of-scope request from us.  He failed to work in accordance with his own submitted plans, he did not comply with the county’s written directives on approved plans and failed to comply with subsequent county inspection report requirements   We did not ask, request, or demand additional work be done.  We did expect the work be done correctly and in accordance with approved plans and the county’s directives/requirements, which as we continue to reiterate, were clearly spelled out and provided to him.  
  
  On November 13, 2023 we met with **** and had the following conversation.  **** told **** we paid a lot of money already and **** has a lot to work with.   **** told us:
  “Let me tell you something, when I’m done with the deck and all metal, and everything else,  don’t need a penny from you guys.  Sleep well all the way into the winter.  I don’t want $1 from you.”  “Ok?  Everybody happy?  I don’t want anything from you.  I just wanted to finish this the right way.”  
  During this same conversation, **** also said, “You can’t argue with the inspector.  You never going to pass.  It’s very simple.  **** was right.  I totally forgot about the lag bolts and everything.  Because it just is what it is.  I’m not going to get into my life.  And my issues or whatever.”  “And I forget many things.”  “Everything went so sideways. It’s just like man. This is not me, and this is not my company…believe me most of this stuff is my fault.”  
  We had another discussion with **** on November 27, 2023.  When asked if he would comply with a structural engineer’s findings, **** said, “Absolutely.  There is no other way around it.”  In this conversation, **** also told us, “I’m going to have to do whatever the engineer or inspector tells me.  No matter what.  There is no argument on that.”  **** asked that we keep him posted regarding us hiring an independent structural engineer and that he will come out when the engineer is on-site.  He reiterated, “I’m not running away.  I’m not going to walk away from nothing.  I’m going to finish it up, put roof, finish the deck, railing …and I don’t need a penny from you guys.  Honestly, you have a nice chunk of money to start with in the spring.”  
  
  ******* response:  Permitting for new construction and improvement is a requirement in ** ***** County.  I had complained to **** about the timing of his permit application and the delays he created with regard to it.  The county permit with approved drawings dated October 6, 2023, contain several areas of concern that required ****’s attention and were to be addressed during construction.  These approved drawings with additional county requirements weren’t followed.  Nothing with regard to the county has been addressed; quite simply, the ** ***** County’s inspection and corrections report dated November 15, 2023, lists the areas of failure to be addressed.  The report stated, “Please consult with registered design professional onsite to review current framing and submit revisions to ** ***** County Building Department.”  Effectively, the project was “redlined” by the county.  Max was given this inspection report, however, he failed to take any action despite saying it was his obligation to “follow evry [sic] step of way that county permit and my contract.”  This has nothing to do with it “not being enough” for us and certainly does not constitute any change order costs.  This is a failure on Max’s part and any costs to repair, correct or fix areas of non-compliance are solely ****’s responsibility.
  
  ******* response:  ****’s advice that we “call inspector ****” and tell him we are “fine” with what he did so far is ludicrous, dangerous, and completely inaccurate.  The county is the sole authority on whether the project can proceed and how.  The county has made it abundantly clear that **** cannot proceed with this job without doing what they wrote during their inspection of November 15th.  We have no authority to authorize/allow continuation.