ComplaintsforGerker Construction, LLC

• Initial Complaint

  03/06/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 8/26/22 I executed a contract with Gerker Construction LLC. Month 1 too busy studying, months 2-3 no child care, months 4-5 hurricane no trades available, month 6 can't find a designer. I said I would hire another, within 2 days had a designer. Plans approved within 36 hours. Waited two weeks with multiple promises of pulling permits to no avail. Fired contractor. I had paid a $3,000 mobilization fee on 8/26/22. I then paid $1,800 plus an upcharge of 25% of $450 to contractor for my designs. I asked on 1/31/23 for my $3,000 refund as the contract designated this fee encompassed "Start date to immediately follow the receipt of $3,000 mobilization payment". Contractor is not responding. I have now lost 6 months, and $3,000 deposit.

  Business response

  04/05/2023

  Dear Ms* ** **
  
  I too share your disappointment with the timeline of your project and was looking forward to working on your remodel.
  
  I mobilized on August 31st by hiring an engineering firm to produce Signed & Sealed drawings. These drawings (or materials) are required by Florida State Law before any site work can begin. An extended lead time for blueprints was communicated to you at the time of signing, based on the ongoing boom of construction activity in our area.
  
  Thirty-three (33) days after signing our agreement Florida was struck by Hurricane Ian, and forty-five (45) days later by Hurricane Nicole. (Ian- 9/28/22, Nicole- 11/11/22)
  
  After major storms, preservation supersedes new work for most engineers, draftsmen, building departments, etc, so we were delayed for many weeks.
  Please refer to paragraph three (#3) of your contract:
  “Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, or general unavailability of materials.”
  
  I am willing to let you out of our contract. But only as a courtesy, and with the understanding that you are in breach of our agreement.  As such, no refund is due.

  
  Sincerely,
  Timothy J. G*****  

  Customer response

  04/06/2023

  
  Complaint: ********
  
  I am rejecting this response because: after my constant review of building permits in general being submitted both at the City and County level for non hurricane related work by multiple contractors, along with the frequent outreach by myself for status updates that included an abundance of personal reasons as to why the work could not commence, I then finally had signed and sealed plans at which point I received three separate reasons as to why a permit was not applied for due to personal reasons by the contractor. After learning from a tradesman that I was not the first I realized I needed a new contractor and asked for my deposit back. 
  
  Sincerely,
  
  **** *******

  Business response

  05/02/2023

  Dear Ms. ** **
  
  Your original statement of complaint is riddled with inaccuracies and innuendo. Please refer to the date that the plans were signed and sealed. Your rejection of my response seems to be based on misconceptions and gossip.
  
  Many people misinterpret the term “work” to be site work such as swinging a hammer. As a contractor, much of my work is office work revolving around procuring plans, documentation, and specifications. Without this paperwork a permit cannot be issued, and site work is unlawful.
  
  Furthermore, three months have elapsed since you released me from your project. The city does not yet have an application for work at your address (per phone call this morning 5/2/23). I helped you compile the necessary documents for permitting. It seems illogical that the application has not yet been submitted by your “new contractor”. I am left to wonder what this is really about. It would seem that you have no intention of moving forward with your project.
  
  If you would like to proceed, please reach out to me directly.
  
  Sincerely,
  Timothy J. G*****

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