Complaints

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• Initial Complaint

  Date:01/02/2025

  Type:Order Issues
  Status:

  AnsweredMore 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.

  Got A Hand (California contractor license: ******** material breach of contract, non-performance of its contractual obligations, gross negligence / damages to property, and fraud In January 2023, we were victims of a mudslide/mudflow incident at our home, causing substantial damage. We were required to build a retaining wall and re-grade the failing hillside. Once permits were received, we contracted with Got A Hand in August 2024 to perform the work for $300,000 to execute on city approved plans. The contract states that the project will take 90 days, and payments are to be made upon phases of the work as they are completed. We made the Phase 1 payment of $45,000 for work to commence. Three weeks later, despite no payment being due, ******* ****** (*****) of Got A Hand LLC demanded more money. This conduct was consistent -- *** ****** took advantage of our catastrophic situation and consistently demanded advanced payments or threatened to stop work (and has stopped work for extended periods) if we did not make advance payments knowing that rains are forthcoming and there are now nine 25+ foot deep holes dug behind our hillside house as part of the unfinished project. We have paid $150,000 - half of the contract amount - and he has not even finished phase 2 of the agreement (there are 15 phases). Based on the August 19, 2024 contract payment schedule, only Phase 1 ($45,000 payment due) is completed and Phase 2 ($25,000 not yet due) remains unfinished. We have been in contact with vendors for our project who were used for heavy equipment and materials, and Got A Hand and ******* ****** have not been paying monies owed to them despite us paying him $150,000 (including $115,00 of advance payments). It has become clear they did not spend $150,000 on our project with the vast number of unpaid and outstanding project items, as well as limited progress on the project since August. Got A Hand LLC has remained in breach of contract and unwilling to perform.

  Business Response

  Date: 01/12/2025

  Comprehensive Summary of Woodstock Dispute: Misconduct, Legal Violations, and Breach of Contract by ******** ***** and ***
  This summary consolidates all documented instances of misconduct, unethical behavior, and legal violations involving ******** ***** and *** during the Woodstock project. Events are presented in chronological order, please see below.  We are disputing claims filed by ****** and *** *********, and this is clearly one more defamation of our company done by them as part of the threats and intimidation from them.
  
  1. Lack of Clarity and Transparency at Project Start
  Description: From the beginning, *** was the sole point of contact with Got A Hand and concealed ******** Runges role as an attorney. *** did not disclose ********** involvement during contract negotiations, nor did ******** reveal his dual role as an attorney and client.
  Impact: This lack of transparency deprived Got A Hand of the opportunity to address potential conflicts or consult legal counsel before signing the contract.
  Legal Issue: Violates California Rules of Professional Conduct Rule 1.7, requiring disclosure of conflicts of interest.
  
  2. Complaints and Payment Delays (Day One of Work)
  Description: From the first day, the clients raised unfounded complaints about minor project details while delaying the release of initial payments for several days.
  Impact: Disrupted progress and strained Got A Hands resources.
  Legal Issue: Delaying agreed-upon payments breaches contractual obligations under California Civil Code 1549.
  
  3. Discovery of Distress Wall and Suppression of Risks
  Description: Early in the project, Got A Hand identified a distress wall near the excavation site. The wall was not included in the risk assessment or impact calculations by the structural engineers. Got A Hand communicated the risks of heavy machinery and drilling vibrations, but ****, the structural engineer, dismissed the concerns, stating it was on the contractor to find the means to proceed. *** instructed Got A Hand to avoid disclosing the wall to engineers to "avoid opening a can of worms."
  Impact: Suppression of critical information delayed risk mitigation, increased liability, and endangered workers and the property.
  Legal Issue: Negligence by engineers and suppression of risks by clients may lead to liability under California law. Suppressing material facts violates the implied covenant of good faith and fair dealing.
  
  4. Intimidation and Suppression of Risk Disclosures
  Description: *** and ******** threatened legal consequences if Got A Hand disclosed the distress wall or sought to revise project plans. They pressured Got A Hand to proceed with the project despite known risks and demanded that liability remain solely with the contractor.
  Impact: Created a hostile work environment and delayed necessary safety adjustments.
  Legal Issue: Threats to suppress disclosures constitute bad faith and may qualify as abuse of process.
  
  5. Alternative Solutions for Excavation (Mid-Project)
  Description: To address the distress wall risks, Got A Hand explored alternative methods, including hydro excavation. After negotiations with C-Below and approval from ***, Got A Hand proceeded with this safer option. However, the discovery of rock obstructions halted progress, rendering the method infeasible.
  Impact: Clients accused Got A Hand of breaching the contract despite approving alternative methods and failed to acknowledge increased costs incurred by the contractor.
  Legal Issue: Clients refusal to absorb agreed costs for alternative methods breaches the implied duty of fair dealing.
  
  6. Modifications to Signed Contract
  Description: *** requested an editable Word version of the signed contract to correct minor typographical errors. During this time, Got A Hand had limited internet access due to being on a mountain trip. The returned contract included undisclosed material changes favoring the clients. ******** was later revealed to have participated in these changes.
  Impact: The changes altered obligations and shifted risks to Got A Hand without consent.
  Legal Issue: Fraudulent misrepresentation under California Civil Code 1572 and Rule 8.4(c) of the California Rules of Professional Conduct.
  
  7. Discovery of ******** Runges Role as an Attorney
  Description: One to two months into the project, Got A Hand discovered ******** Runges role as an attorney. His dual role and influence on the contract were not disclosed during negotiations or signing.
  Impact: Created an imbalance of power, allowing ******** to use his legal expertise to favor himself and ***.
  Legal Issue: Concealing a material conflict of interest violates Rule 1.7 of the California Rules of Professional Conduct.
  
  8. Refusal to Approve Necessary Change Orders
  Description: Throughout the project, clients consistently refused to approve change orders, including costs to address unforeseen challenges such as distress wall risks. Got A Hand absorbed these costs to maintain progress.
  Impact: ******************* strain on Got A Hand and undermined the projects flexibility.
  Legal Issue: Refusal to honor valid change orders violates California contract law principles of fair dealing.
  
  9. Collusion with Vendors
  Description: Vendors informed Got A Hand that ******** ***** had conspired with them to discredit the contractor and avoid responsibility for project complications. This included shifting liability and delaying payments.
  Impact: Damaged Got A Hands reputation and vendor relationships.
  Legal Issue: Tortious interference and defamation under California Civil Code 45.
  
  10. Intimidation Through Legal Threats
  Description: ******** used his legal expertise to intimidate Got A Hand with baseless threats of legal action for proposing contract revisions or raising safety concerns. The clients falsely claimed that contract restructuring requests were breaches of contract.
  Impact: Created a hostile environment and delayed necessary adjustments.
  Legal Issue: Abuse of process and bad faith behavior.
  
  11. Payment Delays and False Claims
  Description: Clients delayed payments and made false claims about vendor balances, such as inflating owed amounts. Despite these delays, they accused Got A Hand of breach of contract.
  Impact: Disrupted project timelines and created financial instability.
  Legal Issue: False claims and delayed payments breach contractual obligations under California law.
  
  Timeline Summary
  Day One: Complaints and payment delays begin.
  Early Project: Discovery of distress wall and suppression of risks; refusal to approve change orders.
  Mid-Project: Hydro excavation attempts fail due to rock obstructions; intimidation and collusion with vendors.
  One to Two Months In: Discovery of ******** Runges role as an attorney.
  Throughout Project: Legal threats and refusal to address valid adjustments.
  Later Stages: Attempts to transfer permits and blame Got A Hand for delays.
  
  Legal Implications
  Negligence:
  Engineers failure to assess the distress wall risk.
  Clients dismissal of liability concerns.
  Fraud and Misrepresentation:
  Suppression of material risks (distress wall).
  Modifications to the signed contract without disclosure.
  Breach of Contract:
  Refusing valid change orders.
  Delaying payments and making false claims.
  Abuse of Process:
  Using legal threats to coerce compliance.
  Defamation:
  False statements to vendors to harm Got A Hands reputation.
  Tortious Interference:
  Colluding with vendors to shift blame.

  Regards,

  Gotahand