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K.E.M. Construction

Phone: (717) 235-1648 Fax: (717) 227-0100 711 Pumping Station Rd, Hanover, PA 17331 http://www.kemconstruction.com

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BBB Accreditation

A BBB Accredited Business since

BBB has determined that K.E.M. Construction meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised the rating for K.E.M. Construction include:

  • Length of time business has been operating.
  • Complaint volume filed with BBB for business of this size.
  • Response to 1 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

1 complaint closed with BBB in last 3 years | 0 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 0
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 1
Total Closed Complaints 1

Additional Information

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BBB file opened: November 20, 2006 Business started: 04/01/2004 in PA Business incorporated: 04/01/2004 in PA
Licensing

This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.

These agencies may include:

Office of the Attorney General-PA
Strawberry Square, 14th Floor, Harrisburg PA 17120
http://www.attorneygeneral.gov
Phone Number: 800-441-2555
The license number is PA037410.

Type of Entity

Limited Liability Company (LLC)

Business Management
Mr. Kenneth Martz Jr., President
Contact Information
Principal: Mr. Kenneth Martz Jr., President
Business Category

Home Builders


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Complaint Detail(s)

3/15/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: On July 28, 2012 we entered into a contract to build a 23 foot by 32 foot two story addition onto our existing home costing approximately 2 hundred thousand dollars. I hired you *** *****, a custom builder, to get the professional quality we expected and someone with the experience to do the job correctly. Unfortunately, your building services were inadequate and lacked professional quality. You made building mistakes due to your lack of planning or ability and passed those costs on without accepting any responsibility on your behalf. You consistently provided oral quotes for work changes that were made during the building process but increased those costs by as much as 40 percent when the final paperwork was provided for signature. Your allowances for lighting fixtures, bathroom vanity and top, front door, and painting were all inadequate to do the job properly. You promised to build a brick walkway from the front porch of the addition to the driveway because your construction activities turned the area into nothing but mud and hang the dining room light. I do not have a walkway as promised and walk through mud on a daily basis. I do not have a dining room light, also as promised. I would like to know when you plan on completing these two remaining tasks. I look forward to your reply in resolving these issues. I would appreciate a written response by February 15 before seeking help from the Better Business Bureau.

Desired Settlement: Outcome defined in body of letter sent on February 1, 2013 and shown above in Problem section.

Business Response:

We provided an extensive contract that specified the 23’ x 32’ addition. The contract specified the work that would be performed and the materials that would be used. The contract also provided the specifications for the improvements to your existing home. Each time there was a change to that contract a change order was provided with the cost. When questioned on the spot for a rough estimate, how much a new idea to the existing structure was going to cost I gave a rough estimate and proceeded to figure the actual cost and presented a written change order for approval before work was performed. Many of the change orders are for extra improvements to the existing structures.

Change order #1-tear out existing oil fired
furnace and tear down existing chimney-$1,700.00
In the contract it was specified that a new heat pump would be installed but to remove these old features from the existing home was your preference

 
Change order #2- front door-$2,774.00 extra
For example-on the just Home Depot web site alone there are 34 choices of entrance doors with 2 sidelights that would be adequate for your home under the allowance of $1000.00. The door you chose was much more ornate with elegant trims and nickel finish

 

Change order #3-dig and install ***** door-$2,600.00
This was not in the original contract to provide an exterior basement entrance into your existing structure. The addition only has a crawl space

 

Contract for 20’ x 30’ block manure pit
-(unrelated to addition of home)
You requested this work be done and a contract was provided

 

Change order #4-rain gutter on horse barn, stone
& drain tile around manure pit, hook up barn spouting to drain pipe, add
flood light, screenings to bury propane tank, tile kitchen floor in existing
structure, 80 gallon hot water heater -$4,536.00 

All things added for barn had nothing to do with our original contract.
The Flood light was not in the contract and added for convenience
Burying the propane tank was by choice
Tile of existing kitchen was not part of contract it was by choice
80 gallon hot water heater was added to replace your worn one

 

 

Original Contract                      $171,750.00

Change order #1                           $1,700.00

Change order #2                            $2774.00

Change order #3                            $2600.00

Change order #4                           $4,536.00

Credit (lighting & vanity)             - $800.00

Manure pit contract                     $7,725.00

 Total due                                  $190,285.00


 

Payments received

7/16                                                   $1000.00 partial deposit-ck #655

7/24                                                   $2000.00 remainder of deposit-ck #658

8/13                                                   $33,750.00 1st draw-ck #662

8/15                                                   $4474.00 change order #1 & #2-ck #201                      

8/27                                                   $30,000.00 partial  2nd draw-ck #1001

 

9/20                                                    $64,700.00 remainder of 2nd draw, 3rd draw, contract price for manure                     

                                                                                  pit, change order #3-ck #1007

10/9                                                    $33,750.00 4th draw ck #

1/8                                                       $5569.00 change order #4 & part of 5th draw- ck #667

1/8                                                       $9925.00 part of 5th draw-ck # 1030

Total paid                                           $185,168.00

 

 

Total due                                            $190,285.00

Total paid                                           $185,168.00

Still owed                                              $5117.00

 

 

I have not received full payment for the work that was already performed. I pride myself in providing quality workmanship and feel I have definitely provided that on your home. I do not see how I provided a lack of planning when the extras are obviously for work that was added and unrelated to the original contract. Each of these extras made improvements to your home but were not necessary for the completion of your addition. I was told repeatedly how satisfied you were with the work and yet each time I requested the scheduled draws, it was met with a delay.

 

The allowance for lighting fixtures, vanity and top are adequate for most people but you desired more high end products. The painting is specified in the contract to be painted white. You later desired custom colors which increases the work involved. Each room had to be painted by hand and all edges trimmed around instead of standard spraying as planned. The less expensive front door could also have been chosen as stated above in the description of change order #2.

 

The dining room that you want a light installed in is part of your existing house and not part of the addition. When asked if I would install one, I said that I could and gave a quote. There was also never an agreement for a side walk. When we planned the job it was uncertain what you wanted to do with the landscaping & walk way. It plainly states in your contract that the disturbed area would be graded and seeded. That work was performed. When asked if I would install a brick sidewalk I gave you a quote for it. A solution to this problem could be placing the patio blocks that we moved from another location on your property for you into that area. I have requested to meet with you several times to discuss this matter in person but you have declined my requests and relayed the information back and forth for most of our working relationship through your partner. Since you have not completed the original payment and I have concluded the work designated in the contract and change orders, I am not inclined to perform other jobs for you at this time.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me.  I have no interest in additional work being performed by the business. I have added the following comments below to clarify the circumstances that occurred.

Your invoice has been paid in full. You adjusted change order number 4 to a cost of $3086 dollars which is not included in your accounting. A four hundred dollars reduction was made for a faucet allowance (we purchased all faucets). A reduction was made for sand not included for the propane tank, the kitchen tile floor, and a reduction for stone/drain tile for manure pile drainage. You agreed to all these changes and that I did not have to pay for your mistakes or costs you neglected to include. Also, you asked or should I say insisted the payment of $3086 dollars be made out directly to *** ***** and not K.E.M. Construction, LLC. The lack of planning is evident in the number of errors you made that you tried to pass on to me. The largest error occurred at the top of stairs. The stair landing could not be done in hardwood because you miscalculated the angle making the stairs not within building code requirements and therefore an occupancy permit would not be granted. That problem was resolved by adding a carpet runner up the stairs and onto the landing to increase the height of the top step. You agreed to the reduction in payment for the carpets that we never wanted because it was your responsibility. These changes demonstrate payment in full at $188,254.

We agreed to do the landscaping but we did not want a mud entrance to the front to our home and mud being tracked into the new addition. This type of foresight is why people hire a custom builder because they are experienced enough to include these items in the planning stages. You suggested moving the patio block from the side entrance of the house to the front.  Do you really think that is a solution?

Our new dishwasher is still leaking because you pulled it from under the counter without removing the mounting screws which my wife observed. I should be sending you a bill for that repair.  We paid for the paint with no allowance applied and you put one coat over new unprimed dry wall.  The rooms need to be painted again, already. I could continue with other issues like our driveway damage but to what avail.

You stated most of the working relationship was handled by my partner. The partner you speak of is my wife. She was there most days to help with all the last minute decisions and run to the store to buy faucets, paint, or whatever you didn’t think to come with. Thank God she was there. I can’t imagine the outcome, if she wasn’t.  I chose not to meet with you because of the condescending way you treat people and because my son *******s died in a car accident on September 26, 2012. I was in the process of grieving over my son ******* death and had no interest in arguing with you. I made payment to you on October 5, 2012, just 9 days after my son death because of your relentless pressuring for money and again on October 11, 2012 just 15 days after. You should be ashamed of yourself.  

I have no interest in having you perform any additional work. I have almost finished the repairs you walked away from except for the leaking dishwasher.  Your invoice has been paid in full. I have added an image of the check that you so conveniently neglected to include and had me make out directly to you.

Regards, ***** ********


BBB's Final Determination: Consumer accepted resolution offered by the business.

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