ComplaintsforFoundation Repair of CA

• Initial Complaint

  03/11/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We signed the contract with CA Foundation July 10 2023. At that time I applied for and was granted funding from the funding agency "***************", the CA Foundations recommended funding agency. Work Stated in September and 2 beams were installed under the house and all pins were replaced. We were hoping that would do the trick, unfortuantly when the house was raised another beam needed to be put in, in another part of the house. Third beam was installed in October. This lead to a fouth and final beam being installed in Feburary of 2024. Before the final beam was installed, I was asked to pay in full before the permit was applied for. I said no, that I would be happy to pay in full as soon as the final permit was approved. CA Foundations then asked if they could write me a check for $500, and I could release funding while waiting for the permit. I declined. Then CA Foundations said I should have been paying in stages. I reminded them that I was using their funding agency and that the agency does not pay draws and only pays in one lump sum at the end. CA Foundations, then said they would not apply for the permit addedment for the final stage until I paid all funds, save the $500. I replied I will happily pay all funds when the permit is finalized. I then found out that the second stage permit had not passed. I was then emailed a one page "updated" contract, that at the top said it was 18 pages. I requested the rest of the contract to read before I signed. The next business day, ** Foundations put a Mechanics lien on my house. I have been happy with the work, the funds are secured and waiting, I just want the permit approved before I release funds as per #** page 4 of our contract. Substantial completion all necessary permits and approvals....

  

  Business response

  03/18/2024

  We do recommend the services of *************** as an optional funding agency. Securing financing through *************** is ultimately the homeowner's choice and only one of many financing options they could have chosen. ******************** asks the homeowner to sign a completion certificate upon funding, however they are a 3rd party agency and they do not supersede or replace the terms of our contract.  

  On Page 4 line item #**, it does specify that completion of the project is defined as when all permits have been signed off, but that does not affect or dictate our company's payment structure requirements. As part of our contract, we have a separate payment structure that was signed and agreed to on 7/10/2023 which outlines when each payment is due. On page 7 line item number 17, the contract states "contractor shall have the right to stop work if any payment shall not be made to the contractor when due; contractor may keep the job idle until payments due are received."

  Since *************** supplies all funds in one lump sum, we informed the client we would reimburse her the final $500 fee as that portion of the progress payments had not been satisfied. In order for us to be able to move forward with the final inspection, however, we do need to collect the balance that is currently outstanding in the amount of $26,485.92.

  To date, we have only collected a deposit and partial permit fees.

  As for the "updated contract" being referenced, we are required to update the first page of the *** to include all permit fees and change order amounts to meet their requirements for funding. We are also required to make sure any payments made outside of funding are not included on this as *************** needs the amount being funded by them to match the amount on the contract. This updated form does not replace the agreed upon contract and is solely used to meet ********************'s funding requirements. 

  Customer response

  03/18/2024

   
  Complaint: 21419399
  
  I am rejecting this response because: as per the contract, page 2 #5, the $500 fee is the remaining balance due after final inspection. You are wanting me to pay in full, minus $500, without a final inspection. As I stated before, I will be happy to pay in full once the final inspection has been completed. 

  Back to the funding, the original contract was signed first, once the contract was in place, we applied for the funding. When the first installment was due on August 24th, I recieved an email, I responded that we had applied for and been approved for credit. The response back was "My apologies. I was not aware that your project was financed. Thank you for bringing this to my attention. I will work with ************************* and I will take care of the paperwork on my end. No other installments were asked for. 

  
  Sincerely,
  
  *****************************

  

  Business response

  03/25/2024

  We would like to apologize the confusion on this matter.  Unfortunately, succuring financing does not negate our original signed contract. We suggest a financing partner solely as an option to aid our customers with obtaining the financial resources to complete their projects. We apologize for the confusion caused by the email you received from our office stating we would take care of the "paperwork" on our end. The "paperwork" referenced was not referring to a new payment structure or revised contract. It was simply communicating that we would update our internal notes regarding payment as a lump sum rather than incremental so you would not be asked again about lack of payment.  If there were to be an updated payment structure, a change order would have been issued to revise the original contract agreement. While we make every effort to work within ***************'s payment structure, including lump sum payments and refunding the $500 payment that is not yet due to stay within our contractual agreement, we are not able to move forward with a final inspection without payment for the work performed.  We hope this helps clarify the matter so we can find resolution and move forward to complete this project.

  Customer response

  03/25/2024

   
  Complaint: 21419399
  
  I am rejecting this response because:

  In your response, you are saying, the company realises that payment will be made in a lump sum. Great, that we can agree on. Now you are asking me to pay the lump sum minus $500 to stay within the contractual aggreement. But the contract states, all of the money is due except for the $500 after the final inspection. No inspection has yet to take place. You are asking me to pay the lump sum minus $500 before the final inspection, contrary to our contract. I am more than happy to pay all monies due including the $500 after final inspection. The money is approved and sitting with the finance company and I too would like to move forward and complete ASAP.
  
  Sincerely,
  
  *****************************

• Initial Complaint

  12/09/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Foundation Repair of Cal. (them) were unable to fulfill their contract with me. Signed a contract with them to ************** my front porch as per agreement.Workers came to my place of residence at ********************************************************. on June 11th, 2022 Workers were not able to make repair. Concrete cracked more during attempt to repair. They advised me that if the concrete did crack they would stop, which it did. They stopped told me they could not make repair without more damage being done. So they packed up and left. I called Foundation multiple times requesting a return of my down payment of $150.00 10% of estimated cost $1,500 .00. To date I have not received my refund. I spoke with the salesman who took my order. I spoke to a **** and a ********. ******** tried to tell me my window to cancel my order had past. I informed her I did not try to cancel. I fully expected the work to be done. Their own workers stopped the work and left. That, that clause she refereed to, did not apply to me. I read the entire contract and no where is it stated that I would forfeit my down payment if the work was not completed.

  

  Business response

  12/13/2022

  Hello *******,

   

  I'm glad our team was able to connect with you yesterday and resolve your concerns. Again, we apologize that you had not yet received your refund. I have attached a copy of the receipt showing your refund has been initiated. You should see it in your account soon. Please let us know if you have any other questions or concerns.  

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