ComplaintsforValenchi Construction LLC

• Initial Complaint

  05/25/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 9/21/22 contract entered into w/ Valenchi, for consolidation of 2 small bedrms n 2 a larger rm, w/ bath (total cost $25,000). $17,500 required at signing w/ completion date 11/22. $10,000 was agreed for outside wk. As of 5/23(9 mos,) very little to nothing has been satisfactory completed. Alex G** requested 2 draws with very little to no work done. 3rd draw request was refused, as $22,500 had been paid, w/ NOTHING satisfactory completed. Valenchi reptd tht if they didn't rec draw, Lien wld b plcd against property. The Lien filed and the reasons std are false: Alex G** wld show up w/out blueprint or design. However he told/ask to follow thru w/ Design by Marchelle w regular tub. They allege that b'cause we request regular tub, we changed the original contract. Original contract states" tub of her choice". Valenchi has been advised not to engage w/ Wkrs. Comp, but they continue, as justification for not completing this job. Wkrs. Comp has refuted claims. The contract states tht draws are allowed "at such times, as contractor completes each items....". The Lien says we now owe $52,260, an unpaid balance of $32,260, plus late charge rates of 5% per day from 9/21/22. This is truly Exploitation & Scamming of Elders.

  Business response

  05/25/2023

  The truth of the matter is sad really.   We met this couple and tried to help them do some improvements to their home.   We generally charge between 20-30% for ***, however you can see we did not even do 10% in an effort to help them.  As we started the project we soon became aware that this couple was involved in a worker's comp lawsuit.  We became aware of this because we were asked to work directly with their representative for the claim and the worker's comp insurance.  We worked with them to bid for a walk in tub with jets, per Mr. ******'s physician's request.  This was outside of the scope of work we had bid.  However, our bid was to do a bathroom remodel, so this walk in tub became the focus of our remodel.  It would require additional electrical and plumbing to accommodate.  The home is quite old, and is not to code on the electrical and plumbing to accommodate such a tub.  We worked with electricians and plumbers to get a bid for the worker's comp claim.  All of this was done without any compensation from the homeowners.  We bid the project for the worker's comp insurance and in the end, worker's comp went with their own contractor.  We were then contacted by worker's comp contractor's to work together on our portion of the remodel and their portion of the tub installation.  During this time, Mr. and Mrs. ******s repeated emailed and called us telling us to simply install a regular tub and that they did not want to wait on the walk in tub from worker's comp.  We advised them that they would need to make this clear to worker' comp because we were being told to hold up and work with worker's comp to accommodate a tub for a gentleman that could not step into a regular tub.  We became concerned that we were being asked to put in a regular tub, all the while they are pursuing litigation stating Mr. ******s cannot get into a regular tub and must have a walk in tub, so we began to feel that their claim was somewhat fraudulent.  We asked that they put something in writing releasing us from any liability if we were to install a regular tub, but they refused.  During this time, we had the electrician out to perform work on our portion of the remodel.  During his work he identified that the addition to the house had been tied into an outlet junction box and the entire wires were hot.  The electrician went over this finding in detail with Mr. and Mrs. ******s who saw with their own eyes the issue.  They advised the electrician repair this immediately, which he did.  This constituted a change order, as it was never in our scope of the remodel project.  The homeowners refused to pay the additional charges.  In addition, our contract states draws are due upon request and payable within 48 hours.  Labor costs occur every week technicians are on job.  We asked for a $2,500 draw to cover the labor expenses and the change order.  Both were denied with the homeowners stating they would not pay another penny until the end of the project.  This is a breach of our contract.  The homeowners tried to repeatedly "get out" of making any more payments, signing any change orders they had made, even if those change orders had no monetary value, but just relocation of closets, etc.  They refused to sign anything, thus making us very nervous that we might be the next "lawsuit victim".  The homeowners advised that we were trying to exploit the elderly, that if their skin color were different we would not make them wait, etc.  All of this was uncalled for and very concerning.  We gave them numerous warnings that we needed to pay for the change orders.  We met with them on numerous occasions, all to no avail.  We then filed a lien, which is our right to protect ourselves.  We have never discriminated, but rather work for the homeowners against exploitation of the elderly and in fact have testified in court and at mediation against insurance companies and other contractors who have taken advantage.  This is an absolutely bogus claim by the homeowners and we were on the job right up to the day we filed the lien.

   

  Customer response

  06/06/2023

  I concur with the stmt " the matter is sad", but that is all.  Could it be that they only charge 10% for *** because they scam by request draws, to which they are not entitled.

  My contract states "at such times as the contractor completes each item, contractor shall submit a written draw request."  NOTHING HAS BEEN COMPLETED!

  
  

  Valenchi was originally given permission to speak with a subcontractor, about the walk-in-tub, however they were cautioned that 3 Bids were required, and there was no certainty who wld win the Bid.  There is no law suit between us and Wkrs. Comp. We were waiting for the prescription only.  Since Valenchi only made promises, or lied,

  about the onset of our renovation,we decided they would not be involved with the walk in tub. 10/22 Valenchi was requested to move forward with a regular tub, as stated in the contract. They were also requested to cease any further contact with the subcontractors of Wkrs. Comp,  since the electrical & plumbing for the walk-n-tub wld be financed by Wkrs. Comp.; So why, what was the reason for us suffering for 9 months, on this small renovation?  If they so called worked with electricians /plumbers ref the walk-n-tub,, it was against  our  request.      During the electrician's visit, hedid sharee that a fan was warm to touch, whereby he proceeded to run a line from  the electrical panel.  If David, electrician, relayed that we prompted him to repair this issue to the ceiling fan, as he was installing outlets in bedrm (nothing to do with nthe walk-n-tub).,  siHow can Valenchi consider us fraudulent, whereas no permits were pulled for the so-called work they did?  Since we signed the contract, it appears that Valenchi was more concerned with Wkrs. Comp., than the people who were paying them.  This was a stall tactic, not to start & finish this small renovation, to fleece more money, regardless of the negative impact it has on me(being elderly) & my disabled husband (SHAMEFUL).   The Breach of the Contract culminated because Valenchi, failed to complete all work in a reasonable period of time.  There has never been a racial comment on our behalf, however it seems that there are some deep sealed convictions on Valenchis' part, about our trustworthiness. Why??

  
  

  We have sustained property damage, and yes, litigation is seriously being considered. 

  Business response

  06/08/2023

  
  I am saddened that Mr. and Mrs. ******* wish to use the “elderly abuse defense”. Valenchi Construction has been involved in numerous mediation, arbitration and legal actions where we were the expert witnesses on behalf of elderly homeowners who had been taken advantage of by contractors and insurance companies alike.  I must state that in each of those situations all our customers prevailed.  We pride ourselves in working for the homeowner and protect our homeowners’ interests.
  
  We charged 10% as a courtesy to Mr. and Mrs. *******.  Draw requests have nothing to do with our operation and profit.  We will ask for draws all along the way in all our contracts whether they pay 10%, 20% or 30% to operations and profit.  To us the “elderly abuse defense” when we gave them a discount due to their senior citizen status is simply ludicrous.
  
  If you look at invoice 1 and invoice 2 you will clearly see that these invoices show on the bottom of each page that remodeling has unforeseen circumstances and if an unforeseen is found, it will result in a change order, payment is due immediately prior to any work continuing.  It also clearly states that draws are due upon request and payable within 48 hours.  The contract has a draw schedule attached and shows the same thing.  Online, the ******* have viewed these invoices on eight separate occasions.   Additionally, the ******* were notified of these issues in writing, email, phone, and certified mail on numerous occasions.
  
  The contract also states that draws will be requested as set forth in the draw schedule, please see the draw schedule attached to their contract.  Further it states that draws will be requested for an AMOUNT EQUAL TO THE PERCENTAGE OF THE CONTRACT PRICE to each item of construction, then completed.  EXAMPLE:  A draw is a request for money payable for the work that has been done to date.  Labor is paid as labor is performed.  We ask for a “draw” to cover the costs associated with the amount of labor that has been done.  EXAMPLE:  If we have a line item for rough in plumbing, and let’s say 60% is done, but we have to stop to allow another subcontractor to come put in a tub.  We are, by all means, entitled to request a draw from the homeowner for the amount of labor and materials that has been completed to date.  We do not have to wait for the subcontractor to come in, set his tub, then we go back and finish before we get a draw.  A draw means money to be drawn from the homeowner for work that has been performed or completed thus far.  Otherwise, it would not be called a draw but rather final payment.
  
  Valenchi Construction was not given permission to speak with the subcontractor about the walk-in tub, but rather the agent working on behalf of Mr. ******* contacted Valenchi.  We then engaged in bidding for the installation of the tub as we were already in a remodel.  Mr. and Mrs. ******* NEVER told us there were other bids, but that is completely irrelevant.  Worker’s Comp Insurance decided to utilize their proprietary contractor to install the tub, but they requested we work with the other contractor so we could finish up to the tub install, let the other contractor install the tub, complete the specific plumbing and electrical needs and then we would take over to close it in.  The ******* refused to understand that necessity and demanded we put in a regular tub.  Worker’s Comp Insurance stated that would be extra work for us to put in the regular tub and then rip that out to install the walk-in tub.  This was repeatedly explained to the *******.  The ******* demanded again that we put in the tub, or they would fire us.  We stated the only way we would do that would be for them to sign a release of liability to Valenchi Construction that we would in no way be liable if he fell or slipped in the tub and that if Worker’s Comp pulled out and decided not to pay for a walk in tub due to the fact the entire claim was based on the fact Mr. ******* could not step up into  a regular tub, needed a walk in and needed jet therapy which had been prescribed by his physician.  Valenchi was not going to be responsible to the *******, to Worker’s Comp Insurance, for the potential loss for a walk-in tub or for any liability should Mr. ******* slip and fall.  The ******* REFUSED to sign any such waiver, and they refused to sign any Change Order.  Valenchi will not be put into the middle of an ongoing insurance claim and defy what we have been told by that insurance company. 
  
  Valenchi Construction has no knowledge of whether there is a lawsuit or not, nor does Valenchi Construction care.  WE have nothing to do with this.  However, Valenchi was hired to do a remodel project and was put in the middle dealing with other contractors, physician orders and worker’s comp insurance companies and we will not overstep what those professionals have asked us to comply with.  The prescription for the tub was issued, the walk-in tub was approved, and worker’s comp insurance set the parameters for Valenchi to follow.  Valenchi Construction made no promises, implications or lied to the homeowner in any fashion.  We were put into the middle of multiple parties to do a portion of a project and all the parties must work in conjunction with one another.
  
  Regarding the renovation…and the ******* statement they decided not to go with the walk-in tub.  That is an outright false statement.  As of today, June 8, 2023, Worker’s Comp Insurance is still putting in the walk-in tub.  The ******* have signed no release for Valenchi to move forward otherwise, nor has Worker’s Comp Insurance, its agents or contractors received any stop notices.  The ******* have an attorney for this non-litigated claim, so I am not sure what wool the ******* are trying to pull over all our eyes.  Valenchi asked for a release and waiver to move forward.  The ******* declined.  Valenchi pulled off the project and filed the proper lien paperwork.  Valenchi was NEVER asked to stop contact with Worker’s Comp subcontractors, however, Valenchi was contacted by subcontractors, Valenchi did not reach out any further but only answered questions given to them.  Again, since this is a Comp claim with Comp’s own subcontractors for a specific area and Valenchi Construction was hired to do a separate remodel but involved the same room and a crossover of professional subcontractors, it would only make sense that all professionals would work in conjunction with each area of the project to streamline the processes.  The ******* ARE NOT CONTRACTORS, SUBCONTRACTORS, ATTORNEY’S OR WORKER’S COMP AGENTS, so in this situation, the homeowners do not have full authority to demand any of us do anything without a plan in place for all parties to collectively fulfill the remodel, the claim, etc. otherwise I would think the homeowners could be sited for fraud given the fact they have claimed that Mr. ******* had to have a walk-in tub with jets and it was approved by his physician yet Valenchi is being told to bypass that and install a regular tub.  Without a release, this contractor WILL NOT move forward, as we will not be put into the middle of the shenanigans in any way.
  
  Regarding the change order with the electrician…The ******* home has had numerous additions.  None permitted or to code that we can see.  We have no idea who performed these additions, but the homeowners were concerned about “opening a can of worms” with permitting.   Valenchi Construction only required a permit to change the exterior door in the laundry room and to add a window.  That work has not started so we have not applied for the permit.  The electrician identified, not a fan warm to the touch, but A COMPLETE FIRE HAZZARD as that fan and all other lines were connected improperly to a single outlet.  Those lines were running through that entire section of the home.  The fact a fire had not occurred already was a God given miracle.  The electrician identified and showed this to Mr. and Mrs. ******* who were relieved he found the situation. At that time the electrician told Mr. and Mrs. ******* that this was a change order, this was not in our scope of work, but it was a fire hazard and needed to be repaired.  They adamantly agreed to the repair, when the invoice was presented for payment, they then REFUSED to pay the bill for that service, claiming “elderly abuse.”
  
  Let it be clear, VALENCHI CONSTRUCTION has no concern with the WORKER’S COMP claim, no do we care whether or not we did it or someone else did it.  That was NOT our scope of the remodel.  However, when that claim crossed our scope and collided with our remodel, it forced Valenchi Construction and Worker’s Comp, their affiliate, subcontractors, agents, attorneys, etc. to work in conjunction with one another to resolve the issue.  Valenchi Construction simply asked for a RELEASE AND WAIVER, and we would have installed the regular tub and let them hash it out as to whether or not, given we had just put in a regular tub at the ******* insistence, whether or not they had a valid claim for the walk-in tub.  WITHOUT THE WAIVER AND RELEASE there is ABSOLUTELY NO WAY Valenchi would move forward with that portion of the remodel.  Without PAYMENT FOR OUR DRAW REQUEST AND THE CHANGE ORDER, Valenchi FILED A LIEN on the ******* property and will move to foreclosure.
  
  Quite honestly, it disgusts me to see an elderly couple using such a great protective section of the Florida statutes for elderly abuse to manipulate a situation in which they benefit potentially fraudulently.  That is what is truly SHAMEFUL!!!!!  The breach of this contract was caused by the ******* and is listed below:
  
  1.     Failure to work in conjunction with Valenchi Construction, and an open Worker’s Comp Insurance claim that directly affected Valenchi’s portion of the remodel.  The areas in question were the regular tub versus a walk-in-tub, electrical and plumbing for a walk-in tub with jets.  Further the ******* refused to sign a Release and Waiver authorizing Valenchi to move forward relieving Valenchi of any wrongdoing should the installation of a regular tub cost the ******* their Worker’s Comp claim, as the need for a walk-in tub would not be supported with them ordering Valenchi to put in a regular tub.  This could potentially cause Worker’s Comp to deny the walk-in tub claim that had been ordered by Mr. ******’s physician.  Further, the ******* would not sign a release, releasing Valenchi Construction from liability should Mr. ******’s fall, as he has physician orders specifically for a walk-in tub with jets.
  2.     Failure to pay the change order for the electrical hazard which was outside the scope of Valenchi’s remodel.
  3.     Failure to pay the draw request in a timely fashion (48 hours) as indicated in the contract and on invoices,
  4.     Refusal to pay anything further until the project was completed, which is a direct breech of Valenchi’s contractual agreement with the *******.
  
  There is no property damage, but rather a stalled remodel for the reasons listed above. 
  
  At this time, Valenchi has filed the mechanic’s lien per Florida Statues and is moving forward with the foreclosure process. 
  
  ATTACHMENTS:
  1.     Conversations with the ******* medical equipment specialists
  2.     Conversations with Worker’s Comp subcontractors
  3.     Conversations with Mrs. *******
  4.     Invoices

  5.     Signed Contract

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