ComplaintsforRJ Gorman Marine Construction, LLC

• Initial Complaint

  08/08/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Our experience has been awful with RJ Gorman. We signed the contract with them in early December 2021 to complete a dock on Lake Powel and as of August 8, 2022 - they have still open county permits. Why? They've explained to us that they were supposed to use a licensed roofer but they didn't and were hoping to not rip off the roof but yet find someone to "sign off" on it. Furthermore, at the first big rain - our walkway was under water. Yep, first big rain and days later and you couldn't access it. Totally normal, I'm sure... Next, they give you a quote where you can't control when they purchase the materials, THEY decide not to purchase until THEY want but if it goes up in price (which ours did by thousands) guess who is responsible for paying it - the homeowner. Oh and guess what, they didn't know the code required an Engineer report - guess we get to pay an additional $750 for that as well. We've paid them over $30k - we've withheld the last $9k until they can finally get approval with the county and meet the county's code and guess what - they've put a lien our home - so now we have to hire an attorney to fight for them to do their job per code. Oh and it gets better, we have in writing that the project finished on May 2nd, they sent us final invoice on May 3rd and we have documentation it was completed May 3rd in a time/date stamped photo - they let the 90 days past for a mechanics lien so they made up a completion date of May 9th - even though it contradicts their own project manager and accounting records. So now we have to get attorneys involved and since they haven't been able to pass inspections since May 2nd - we are forced to hire another company come and inspect the work ourselves because they haven't been able to pass county inspections in three months and we are now not for sure if the work was even performed correctly.

  Customer response

  08/08/2022

  Please note all we've been asking for since May 3rd was for RJ Gorman to complete the final permit, which would thereby leave our title on our property in the same condition they began with. Without this, the title to our home is "cloudy" and unwarrantable by title, which causes us financial harm. While RJ Gorman would like for us to trust them, there have been many inconsistencies and we prefer for their work to get approved by the county prior to releasing the final payment of $9,760.68. Please note that we've paid multiple installments in total of approximately $35,000 and all payments were timely and we are not trying to delay, we are trying to ensure their work was up to Walton County's code and the permit is properly closed out so we would not be left with a cloudy title. This is pretty standard in the building world, hence why they are required to open a permit in the first place.
  
  I was able to find RJ Gorman's license online today, they are General Contractors. What I found out from the building department is that General Contractors in Walton County are not licensed to install metal roofs. The three gentlemen from ** ****** who worked on our dock in April/May of 2022 did the following tasks: drove the barge, installed the pilings, created the decking and railings, installed the metal roof and installed the boat lift. Which leads me to question - why did they install my metal roof if they don't have a license to do so?
  
  I was also able to find out more details about the permit that RJ Gorman has open regarding my dock. Please note they filed a lien against my property on August 5th, 2022 the SAME day that a company named ***** *** ******* from Tallahassee opened a roofing permit for my dock. Let me repeat, our dock was complete on May 2nd, 2022 yet a permit was opened on August 5th, 2022. I have reached out to that company via email to see what warranties I would have since I don't believe they've ever stepped foot on my property (at least none that myself or our builder have ever seen and we are there almost daily). I have yet to hear back. Furthermore, they haven't even paid for the permit and have a balance outstanding. (attached below from the county)
  
  We have contested the lien with the county. I'm so disappointed in a company that would file a lien on the same day they applied for their roofing permit. Clearly the job isn't finished if they haven't even applied for final permit or paid for their roofing permit. Please see attachments below showing the fee due for the roofing permit and that they are not even 50% complete towards the final permit.
  
  Please note that the dock was installed on May 2nd and the first big rain occurred on May 26th, and yes we immediately brought it to their attention. (Screen shots below). Furthermore Jared Gorman, stated on June 25th, that he would come take care of it for us. (Screen shots attached). Now that we've clearly debunked another untruth in the response, let me say that what homeowner would pay over $45,000 for an expert and then not take their advice regarding placement? What company would have a homeowner go against their advice and not put something in writing. I would estimate that very few to none. There is nothing in writing regarding placement because this never happened. If what they are claiming was true, they would have something in writing and they don't.
  
  Now, I know they think I haven't read the contract but I have and I do know that it states under the section of RJ Gorman's responsibility: "When our work is completed we, along with you or your representative, will jointly conduct a final inspection of our work. If there are any discrepancies with our work and the Scope of Work, we will work to correct them." No one from RJ Gorman has contacted us to schedule a final inspection. Please provide written proof that you have attempted to schedule a final walk-through inspection with us. It doesn't exist because it hasn't happened. We assumed that this would occur after they passed their county inspection and had their final permit but since they are stating we are 90 days past due - does this mean they are in breach of their contract?
  
  We have patiently waited since the dock was completed on May 2nd for the final permit but with these new discoveries of not having the proper licensing, we have lost our confidence that this was completed properly. We are looking to some advisors on next steps on how to handle this legally.
  
  Thanks,
  
  Lindsay *********
  

  Business response

  08/08/2022

  It seems that this is all about sour grapes, as there were no social media posts or complaints to the BBB, about anything, to the customer's point, for over 90 days, until we field a lien on Friday, which is the only legal recourse a business has to protect from non payment, and perfectly legal based on Florida's Construction Lien Law. Our numerous polite and professional attempts to collect were ignored.
  The permit fees have been paid, and the permitting process in underway, exactly as we notified the homeowner last week. The lien was only filed as a result of the homeowner's failure to make payment on an invoice that is over 90 days old. Our email to the homeowner notifying them of our intent to lien was clear about the process. The lien will be removed once the homeowners has satisfied their obligation to pay the amount they contracted for. The lien can be removed tomorrow with receipt of a check in the full amount.
  We have no alternative but to complete the permitting process, and have no reason not to complete it, as there are legal obligations and implications if we don't.
  With regards to the "big rain", the dock was placed exactly where the customer's husband asked us to place it, even though we recommended that the dock start 10' higher than requested. We are more than happy to extend the dock, for a fee, after they meet their financial obligation and pay for what they have already received.
  The final inspection falls under "your responsibilities", and we have no record of you contacting our office to arrange that, but we can do it at your earliest convenience. Please call the office at 850-769-7747 to schedule.
  We are very anxious to remove the lien. And get paid.
  

  Business response

  08/08/2022

  RJ Gorman Marine filed a lien on this customer for non payment of a debt on a completed project. The unpaid invoice is over 90 days old and the sum of the unpaid debt is $9760.68. There have been zero attempts to pay the balance or any portion of the balance. There were no complaints filed with BBB until we after filed the lien. The location of the dock was dictated by her husband, even after we recommended placement of the dock higher on land to avoid flooding. Her contract states that the location of the project is the customer's responsibility. We have offered to move it, or add to it, after she pays her bill, and the added dock will come with a fee.
  Her contract, which is signed, specifically calls out added fees for permitting and engineering, so she is well aware of that if she read her contract.
  We stand by the timing and authenticity of the lien, and will gladly remove the lien once she decides to pay her debt.
  We are working diligently on the permit, and expect to have that issue resolved this week.
  Please call with any questions.
  

  Customer response

  08/09/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  We have contested the lien with the county and have retained an attorney due to discovering some of work was not licensed and the lien had made up dates and they did not comply with our immediate removal as requested after showing them our documentation. We will let our attorney work on it from here on out.

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