ComplaintsforFreeland Painting & Construction

• Initial Complaint

  05/25/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I have a contract with Freeland Painting and Construction for new interior and exterior paint, new siding, new gutters and downspouts, carpentry repairs, replacement deck rebuild, new front porch columns build, staining of deck and columns, new windows throughout home, and three doors replaced. This was stated to be a 2-3 month project, with contract signed 10/19/2021 and work start date of 10/25/2021. Several issues with delays with crew not showing up when stated, wrong products purchased (incorrect paint on interior walls, incorrect deck board size and stain, incorrect door sizes and look, etc.,), deck was built but torn down because no permit was obtained, and overall mismanagement of entire project. When continual issues initially arose, we asked to speak with the owner and we were told by project managers that they were our points of contact and would handle all issues. The owner reached out directly only after they sought payment prior to project completion. The owner repeatedly asked us to be reasonable and stated "trust goes both ways." When I asked how we had been unreasonable, or untrustworthy, his response was our unwillingness to pay for the project. In person conversations, and contract states payment is due upon project completion, and there is no deposit or tiered payments due. We were agreeable to paying for the interior painting (paid 11/21) and deck/columns (paid 2/22) prior to its teardown. All payments were made prior to project completion. Contractor is now stating contract items like repair of nail pops is not included as order of work was advised against (which never happened), and requesting additional payment for front door after installation. Id like the project to be completed in its entirety, as the contract states, for the prices agreed to by 6/24/2022, or be released from the contract without the need to pay more than we already have.

  

  Business response

  06/08/2022

  Although we understand the customer is frustrated with this process, we have been in constant communication and compiling all the information and extra documents they have requested. As they have provided in their attachments you can see we have been transparent and have responded (open communication) the whole time. During the time of this project, we have worked around their schedules (Travel, Holidays,Work, Etc) this resulting in break on completion in a time frame they stated. The constant change in paints/stain and other work being down at the home caused a slow in the completion of project. Material availability also played a role in the amount of time for completion. We also need to work around the weather. We had sent invoices for payment- Interior - separate line items/project and had been paid with no issues. Invoices sent for finished work- per line item had been issued for the completed work- Customer had an issue with this and we had been understanding and simply let them know that due to the nature of the work and per line item we would normally invoice. The Project manager on the project was new to our process and procedure and this caused the confusion. He had been removed from the job halfway through and the owner has been working with them and our crews on this project. We have issued a permit after the deck was built and resulted in being torn down due to county regulations- this has been fixed and the permit is in place. After further communication we had been notified that because the insurance agent had changed, and one portion of insurance was expired- this led to more issues- shutting down project- even though conversations to assure the customer that the insurance is still valid and the policy for that has expired was renewed and sent to customer- they are still refusing us to move forward until 6/12 or later. In an email i have let them know that this will cause a greater delay in completion. We are working to complete this project in the best and business-like manner. 

  Customer response

  06/15/2022

  There are several points to address. Im unclear how our schedule, personal paint/stain choices, other home renovation work, material availability, weather and other factors played into Freeland not meeting several project completion deadlines. 
  
  While there has been communication, after our original point of contact with Freeland was removed from the project, and the second point of contact left the company, most of the communication originates from me (as seen in the text threads with the owner) to see when work would be done. 
  
  Requested documents included current license, Workers Comp (expired 6/13/2022), General Liability (expired 6/13/2022), Auto Liability (expired 5/13/2022), sub contractors insurance coverage and all warranties. Since there was a delay in response from Freeland, I reached out to their broker about COI and was informed that their company no longer wrote coverage for Freeland. As of 6/15/2022 Freeland has only provided an updated COI for Auto and business name registration. I have not received current license, warranties, current COI for General Liability and Workers Comp, and denied any sub contractors proof of insurance. 
  
  Since this project has gone on for nearly 8 months, unfortunately we can not always accommodate day of and/or less than 24 hour notice of work. My increased work schedule was communicated with a months notice in January of 2022, and other out of town days have been communicated via text/e-mail/phone/in-person several times, and with a month to several weeks notice. As seen in the text threads there are SEVERAL times when work was scheduled and then did not happen because subs did not show up, incorrect products ordered or cancelled last minute on Freelands end. There has never been a time where work was scheduled/confirmed and then cancelled/rescheduled on our end. 
  
  I have never changed my mind on chosen paint color or stain. Freeland had a contract to use *******************************, and was unable to obtain that color and needed to switch to Behr (which I approved). There was no issues with exterior paint color. However, as seen in text threads, interior paint was chosen and subs painted the wrong sheen, and then the wrong color to fix sheen issue.  In regard to stain of deck and wooden front columns, our point person offered a color match from several options we sent him. Sample stains ordered were applied to wrong type of wood samples, and did not match the inspiration examples sent. Once applied to correct wood samples, color was chosen.  Incorrect stain was applied to deck, so Freeland had that portion of deck stain removed. When the correct stain was applied to wood, it was not reflective of the approved sample, so we asked for another stain option. I will attach the specific text with approved stain next to what was applied again for reference so that it is clear the problem is not with me changing my mind.
  
  We did have interior bathroom work done in our home, of which was completed in November of 2021, and did not interfere with time or space for Freeland to work from October 2021 to June 2022.
  
  Siding material was delivered to our home and removed in mid November, only to be redelivered nearly a month later when crew was secured to start installation on 12/14/2021. Two weeks after improper deck installation was torn down, new deck material was delivered and has been sitting on our property since 5/16 with no work done. 
  
  Including holidays and weekends, of the 240 days that Freeland has held the construction contract, there has been less than 45 days of rain or snow. While there may have been some weather delays, there has also been six and a half months of workable weather for the completion of a two to three month project.
  
  Freelands contract states that payment is due upon substantial completion of work. Prior to signed contract, when asked if the company worked using deposits or tiered percentages of payments during project, owner stated Nope, you pay when the work is done and you are satisfied. As seen in the texts threads, I was surprised to receive another line item invoice with no prior conversation, as this went against what is in the contract and what was verbally told to us. After having several talks over the phone, zoom and text, we made what we thought to be a reasonable offer and paid an additional portion towards our contacted total (nearly 35% paid prior to completion). When the owner told me he could not trust that I would pay the remaining contract, and they were a week out from completion, I told him to complete the project in a week and I would pay the invoice the day I received it. That conversation happened 2/24/2022, and as of 6/15/2022 work has not been completed.
  
  As of 5/24/2022 Gwinnett County confirmed that a permit had not been issued as Freeland had not submitted site plans, even though Freeland was aware of permit need on 4/1/2022 and stated prior they were waiting on permit approval and secured a crew. As of 06/15/2022 no permit has been provided to us.
  
  In regard to our delay of the project, this is true, on 6/3 I paused work until after 6/12 when I would be in town and have the ability to verify COI. As stated above, when I asked for verification of COI I was told by their original broker that they no longer wrote coverage for Freeland. After 10 days Freeland responded with the name of three separate companies that held their policies.  While I was on a known vacation (and actually at the airport getting ready to board a plane during the time of exchange) and given less than 5 working hours to confirm coverage of COI so that work could be done the next business day, I did not approve work until verification could happen. Upon return, I asked for non-expired COI (since General and Workers comp expired 6/13/2022), I have been actively denied this request.  
  
  As stated above, and seen in provided emails and texts, our schedule availability, material availability, paint and stain choices, other home projects, weather and my choice to wait on work to verify COI does not account for Freeland missing the 2-3 month original deadline of project completion, the first extended deadline of end of March, the second extended deadline of end of May and now the third extended deadline of 6/24/2022. 
  
  It does not seem that Freeland is willing or able to deliver on their contract and are using unfounded excuses to reason their mismanagement.

  

  Business response

  06/29/2022

  We will have no further communication via the BBB with this customer.  These claims are false.  Any further responses will be through our attorney. 

  Customer response

  07/01/2022

  
  Complaint: ********
  
  I am rejecting this response because:

  Freeland Painting has not provided warranties for paid work, has not provided proof of a valid ************* Contractors license, has not provided nor obtained a valid permit for work with Gwinnett County and has not finished the project in its entirety by their extended completion date of 6/24/2022.  There is a difference of not liking the truth and things being untrue. There is nothing false in my claim, and its unfortunate that Freeland has made the choice to work through an attorney rather completing the work they were hired to do.

  
  Sincerely,
  
  *********************

  

  Business response

  07/18/2022

  Warranties are described in the Standard Terms & Conditions of the proposal.  ************ is already in possession of this document.  Warranties also do not take effect until full payment is made for completed work, which ************ has not done. 

  Customer response

  07/18/2022

  
  Complaint: ********
  
  I am rejecting this response because: Freeland Painting and Construction has not been able to complete the project in its entirety by their extended deadline of 6/24/2022. 
  
  Sincerely,
  
  *********************

  Customer response

  07/26/2022

  Better Business Bureau:

  I would like to reject the offer of Mediation for complaint ID ********.

  Freeland Painting and Construction made their stance clear in correspondence dated 6/30 that they would no longer communicate through BBB and only through an attonery. 

  Regards,

  *********************

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