Complaints

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• Initial Complaint

  Date:11/08/2022

  Type:Service or Repair 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.

  Breach of contract. Builder refuses to provide adequate documentation for material increases. It is stated in our escalation clause for building materials that any cost increase will be backed up by a written notice that would be delivered by the builder to us stating the increased cost, the building material or materials in question, and the source of supply, SUPPORTED by dated initial quote, invoice or bill of sales. My bank (underwriting) is also requesting these documents in order to increase our loan amount to cover such charges. He refuses to send anything. However, where our issue stems from is that he has inside people within the bank, our appraiser/inspector who is giving him confidential information including our appraisal value. Once he realized what this cost was, he has been demanding and up charging on things that we have already paid for and adding misc. charges and no such charge was mentioned until months later AFTER finding out our appraisal. It came from Owners mouth that we have nothing to worry about our house appraised higher than what we are paying.... but it does matter.. i have to get approved for a loan for these increases and adding hidden charges is UNACCEPTABLE. Owner has also added in a land survey to our change order list that we provided to him in the beginning. He has also charged for a change order for upgraded flooring, ordered 12 cases to many and we asked them to be left at the house so we could return them after speaking to the store to get a credit back. instead he took them and pocketed the money and told us he does not do credits and kept the money for himself. This is not ok. We have had nothing but issues with this company from the beginning, our bank will not even deal with them because they are tired of Owner & Gf harassing them. Its extremely unprofessional and we have had enough of it. Our Loan is sitting in underwriting pending documentation so we can pay them for work that has been complete.

  Business Response

  Date: 11/16/2022

  All documentation that has been provided to our client is attached. Our contract is a turn key price and financing is to be paid by Buyer. At some point early into the build, the Buyer's needed to finance a portion of the contract price. We were under the impression that the decision to finish the bonus room was why the financing was needed. Which would result in a very small portion of the contract price to be financed, so we agreed to move forward in good faith without an amendment to the contract for this. Our contract was signed in October 2021. The bank's security deed was secured in February 2022 for a much larger portion of the contract price than we anticipated. At this point, the bank required all funds to be processed through them. Although we were not thrilled at the change of financing we trusted that the terms of our contract would be honored and funds would be paid by the Buyer as requested.

  We did send cost increase letters from vendors and let our clients know these cost increases would effect their contract price per the escalation clause in our contract. At that time a loan increase was initiated by the Buyer with the bank despite not being billed for it yet. To date, no change orders or material cost increase has been agreed upon and no amendment to our contract has been made. However, invoices, bill of sales, or dated initial quotes were immediately demanded by the Buyer's. We were told by the Buyers ALL funds would be tied up until this loan increase was closed out. To accommodate the bank's requirements for this loan increase and not tie up funds, we emailed unsigned change orders, an unsigned price increase notice, and the dated initial cost estimate to the bank. After providing this information to the bank we were still told by the Buyers that the bank was lacking documentation. However, to our knowledge everything that was required had been provided to the bank.

  The accusation that the bank refuses to communicate or deal with us is false. The accusation that our company has inside people at the bank feeding us confidential information is false. Not only is the accusation that I pocketed money for returned flooring materials false, but I have already addressed this accusation and explained to them that I am not billed by the box nor do I order by the box. I am billed for sq. ft. that is laid and the flooring company makes the decision on how much material they will take to the job site. The flooring company took their materials from the project after it was complete. That material was property of the flooring company, not ours.

  Here is where we are now. The Buyers are demanding additional documentation at the banks requests, which has been unsubstantiated by any proof that the bank is requesting it. They are claiming that no funds can be paid until such documentation is provided. Again, all documentation has been provided to our knowledge. And against the terms of our contract, they are claiming that we can no longer requests funds. It has been said that the only funds moving forward will be paid after the final walkthrough. As of today, the house is 90-94% complete by my estimate and I have requested funds for this by the terms of our contract. Against their authority, the Buyers are only approving that ~82% is complete.

  Our company has offered to discuss any disputes with proposed change orders and work with them on those. The only communication for any disputes of the proposed change orders has been through this complaint. The dated initial quote and supporting documents have been provided for the material cost increases. All of those are attached. I'll state again, the unsigned change orders and unsigned notice of price increase was provided for the purpose of satisfying the bank's loan requirements. To date, no price increase or change orders have been agreed on.