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:10/01/2024

  Type:Service or Repair 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.

  The 1st extension of our upper deck was in 2018 by ** ******* ***********. Mr ***** was engaged as an employee. The 2nd was by MDM owned by Mr *****. A ground level deck was added in 2019 by MDM. MDM also installed a backyard gate in 2019. By summer 2021 we noticed extensions were shifting. Also, the gate shifted so much it could not be opened. This occurred twice. On 5 June 2022 Mr ***** examined the deck. He agreed it had shifted. Asked about the depth of the deck footings, he stated his crew may have “hit a rock and stopped.” But his assessment was we did not have “a deck problem” we had “a drainage problem.” He recommended waiting for the deck to “settle” then maybe using his excavator to improve drainage. He said he would need to be compensated for additional work. On 22 June 2022 a City of Peterborough inspector notified us that he found the deck to be non-compliant with the Ontario Building Code Act (OBCA). The inspector noticed it was “substantially slanted.” An inspection identified issues including but not limited to: (a) Upper-level privacy fencing, (b) Middle deck beam lacking prescribed bearing, (c) Ledger attachment through masonry veneer, not the rim board of the house. We later learned that (c) is a serious contravention of the OBCA and an indication that the builder lacks basic competence. In July 2022 we contacted Mr *****. He reassured us that there would not be serious problems with the deck. He visited us and offered to assist with the City’s deck permitting by completing the technical plans. However, his assistance never materialized. At one point, he told us that the plans were completed but he had to find them “on the pile.” We gave up on this by the end of October 2022 and had no communication from him for 14 months thereafter.

  Customer Answer

  Date: 10/01/2024

  We received no written information from MDM General Contracting about a warranty. However, the issue is not that the decks have deteriorated within their life expectancy. It is that they were not installed to code in the first place. 

  Business Response

  Date: 26/01/2024

  First, the deck was requested to be copied from original contractor. Second I've made attempts to reach do that's a flat out lie. The footings are Infact code and you as the home owner denied having any involvement with the city for a permit! I had very serious family issues arise this summer and was not able to get to alot of my clients. Moving forward you can call me directly and I will resolve the issue and make the changes necessary to make the city happy at no charge to you of course. I've bent over backwards to meet your requirements and needs our entire realationship. I have called and called and I've even msg over Facebook text etc. you also never once! Reached out to me. 

  Customer Answer

  Date: 26/02/2024

  We appreciate that ************** has offered to rectify the contraventions of the ******* Building Code Act (****) that relate to the deck he built. Nonetheless, his offer is problematic for the following five reasons:

   

  1. After trying to work with ************** for several months to obtain the necessary drawings for a permit for the deck, having been contacted by the city about the delay, we retained another company. During the 14-month period that we had no communication from **************, this company successfully obtained a permit from the city to proceed. This company has an A+ BBB rating and appears to have the expertise needed to address the very serious **** contraventions discovered by the city inspector.

   

  2. Although ************** was a party to the construction of the entire deck, he was working with YS General Contracting when the first component was built and solely for his own company, MDM General Contracting, when the remainder was built. Since we plan to request that both companies address the contraventions, the most practical way to do so is by means of a price reduction. The entire deck needs to be removed and reattached to the house and this cannot be done piecemeal by two companies.

   

  3. Given the seriousness of the **** contraventions, we have reservations about having MDM do additional deck construction for us.

   

  4. We have misgivings about future interpersonal interactions with ************** given the lack of professionalism exhibited in reply to our complaint. Among other things, this includes hostile texts to us stating, You now have **** making a complaint to the BBB...Im pretty ****** about that and then you smear my hard work on BBB is disgusting. It also includes his accusation of a flat out lie in his response to the BBB.

   

  5. Mr. ****** insistence that we deal with him directly rather than through the BBB raises questions about why he does not want a neutral third party in place to facilitate a resolution.  

   

  Note that ss. 1.1 of the **** identifies the legal responsibilities of commercial deck builders which include (a) ensuring that construction does not proceed unless any permit required under the Act has been issued, (b) building in accordance with the permits and (c) using appropriate building techniques to achieve compliance. ************** failed to do all three.  

  Business Response

  Date: 26/02/2024

  Hi ****, I would like to start by saying I'm not hostile towards you. I'm upset you wouldn't call me witch I can easily provide evidence you did not try to reach me. I know exactly how to repair deck and make it right and I also have a team with the tools and equipment to do just that. Reason for being upset is that during our working relationship we had become friends and I had helped with many things around your property and it saddens me that you would take a step like this without calling me. I would like to make the changes and repairs as I understand ys is no longer in business and without prejudice I would like to make it right. This being that it's the right thing to do. Please call me to discuss this further I would greatly appreciate it. ********** thanks and have a great day 

  Customer Answer

  Date: 01/03/2024

   
  Complaint: ********
  

  We appreciate Mr. ****** responsiveness to our BBB submissions. We are requesting that he please provide us with the following before we decide if the offer from MDM is acceptable:
  
  (1) documentation of insurance such as is required under the **** for the work to be completed,
  (2) a signed statement (PDF if possible) that MDM will satisfy (i) to (iii) below, within a timeline mutually agreed to (see 3), at no further cost to the homeowner,
  (i) reconstruction of the entire upper deck as necessary to achieve compliance with the ****, and any other applicable legislation, in accordance with the ******************** building permit and approved plans numbered 2023 ****** 000 00 DS, as determined by the assigned Building Inspector,
  (ii) reconstruction of the lower deck such that it does not fall within the jurisdiction of the **** and ******************** Zoning Bylaw,
  (iii) provision of remuneration for repairs of damage to masonry caused by the improper attachment of the deck through the masonry veneer rather than the rim board.
  (3) a statement in its next response to the BBB pursuant to Complaint ******** of when the building can commence and be completed. 
  
  Sincerely,
  
  *********************