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    ComplaintsforHPS Construction Services, Ltd.

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    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      March 8 2023 signed a contract with HPS construction services to replace current decking with trex. Paid deposit with credit card. Contract states 50% deposit and 2 progress pmts and a final balance at completion. Without permission or notification he charged my account 4/27, 4/30, and 5/9. No workmen have been out since early May but there have been numerous promises of completion when I finally get a call back. But since July no response to finish the job. It is an elevated deck attached to a small cottage which makes it quite hazardous. I was told that it only takes 5 days to lay the decking. Contacted them numerous times each month but no response. Contacted *********************** yesterday and said do I have to get an attorney to have you complete the job and he laughed and said you signed the contract and it states HRS 672e. He stole my money and refuses to finish the job after 6 months living with a hazardous situation.

      Business response

      08/22/2023

      There has been a dispute based on level of Trex slected; the Trex client selected in the correct lengths has been out of stock; also it is twice the cost. Nevertheless, we will bite the bullet so to speak and pay the difference and finish the install as soon as we can get the special Trex client wants.

      In the overview, this imprecise description of the Trex at the contracted price is our fault, and we apologize.

      *********************** HPS Pres/GenMgr

       

       

      Customer response

      08/23/2023

       
      Complaint: 20507603

      I am rejecting this response because:  1. He and members have lied for 5 month.  2.  I dont see the materials he has charged me for.

      3.  Promises were made that work would be completed in time for my events I May, then June, and now August.  4. He did not notify me of the additional charges until I confronted him.  I had to cancel my credit card.  5.  He messaged me that I threaten him.  6.  In June he said he would give me high priority.  7.  There was only 1 ********* working with an occasional helper that wasnt a qualified ********* but he charged me $70.00 an hour per 8 hours per 5 days.  They didnt work 5 days. 

      I will not continue with HPS and want a full refund for the lack of performance and failure to complete the project as promised.

      Sincerely,

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

      Business response

      08/25/2023

      There is only the top layer of Trex to install to finish the job. Much work has been done to prepare the deck to receive the new Trex; much repair and replacement/additional structure because Trex requires a stronger underlying frame and the existing frame was not adequate and had damage, in fact more damage than could be seen upon original inspection thus necessitating an Addl Work Order. We would never laugh when citing HRS Regulation 672E, which is automatically in effect when there is an impasse.  Client cannot pretend that nothing was done. (Please see original and Addl Work Order below."

      We implore the client to allow us to install the now in stock more expensive Trex  from Honsador even though the original contract states "Install new Trex or other national brands composite deck, standard color from in stock at ********** or Lowes; "

      THEREFORE, THIS ENTIRE REPRESENTATION THAT CLIENT DEMANDS TREX TOP OF THE LINE SPECIAL ORDER FROM HONSADOR AND HAVE US SWALLOW THE APPROX $2000 UPGRADE IS DISINGENUOUS AND WOULD NOT STAND UP LEGALLY. THUS, WE ARE STILL WILLING TO SWALLOW THE UPGRADE IF CLIENT BACKS OFF FROM ATTACK MODE. THE LAST TIME CLIENT CALLED ME, I TRIED TO EXPLAIN BUT SHE UTTERED SERIOUS PROFANITY AND HUNG UP ON ME. CLIENT CAN CHOOSE TO ACCEPT OUR WILLINGNESS TO ABSORB  ADDL $2000 BY ACCEPTING THIS RESPONSE VIA THIS COMMUNICATION STRING,  WHICH WE ATTEST WILL SERVE HER INTEREST BEST. I WAS PREVIOUSLY WRONG IN ACCEPTING OUR RESPONSIBILITY TO ABSORB THE UPGRADE BECAUSE I HAVE NOW REREAD THE SPECIFIC CAVEAT DESCRIBING THE ***** OF TREX OR OTHER THIS CONTRACT SPECIFIES WITHOUT QUESTION.

      *********************** HPS PRES/GEN MGR

      __________________________________________________________________________________________________

      ADDL WORK ORDER:  April 28, 2023 UNFORESEEN DECK STRUCTURE WATER DAMAGE ADDL WORK ORDER

      1.Additional unforeseen water damage couldn't be accessed entirely until the flooring was removed. So, there was more damage than I saw.Unforeseen damage.

      2. ORIGINAL SCOPE OF WORK:    3. Install new 2 x 4 sister joists on 12 joists 1 foot long each, and install plastic caps on the joist to prevent further water rot; (12 LINEAR FT OF REPAIR)

      4. THIS AWO:  370 LINEAR FT OF NEW STRUCTURAL SUPPORT TREATED LUMBER (3 EA 2 in. x 10 in. x 12 ft. #2 Hi-Bor Pressure-Treated Lumber / Y $31.98 $95.94 R12 ************ 28 EA 2 in. x 4 in. x 12 ft. Standard Better Hi-Bor Pressure-Treated Lumber / Y $9.48 $265.44 MERCHANDISE TOTAL:$610.1 )  ADDED FOR THIS AWO:  $95.94 + $265.44 = $361.38; + CONNECTORS (N/C FOR CONNECTORS) + SOURCING + TRANS  +ADMIN HANDLING 25% ($90.34) = MATERIALS TOTAL: $451.72 + LABOR 

      ORIGINAL EXPECTED UNDER DECK WORK BEFORE DEMO OF THE TOP LAYER EXPOSED MORE SERIOUS DAMAGE MARCH 6, 2023:

      DEMO WOOD DECKING; DEMO SHED ON DECK; DEMO SMALL STAIRWELL; DEMO WOOD ROT TWO BY FOURS; SAVE all existing handrails,

      Scope of Work (A): Wood Rot Decking Replaced

      1. Replace the decking with new Trex or other national brands composite deck, standard color from in stock at ********** or Lowes;approx. 600 square feet

      2. Install new spacers between the floor joists

      3. Install new 2 x 4 sister joists on 12 joists 1 foot long each, and install plastic caps on the joist to prevent further water rot

      4. Install new Trex or other national brands composite deck,standard color from in stock at ********** or Lowes;

      5. Remove and replace the 2x4 angle post brace. (all wood to be treated lumber; primed and painted)

       

       

      Customer response

      08/26/2023

      1.  mr. Petersstatement that there is only the top layer of Trex to install to finish the job is incorrect.  They have railings to make with redwood as well as install with stainless steel wiring.

      2.  There are a couple of beams that still need to be sisterly.

      3.  The beam next to steps as well as the steps need to be removed and replaced.

      4. They never end honored their statements in May, June, July, and August that the job would be completed.  That created additional costs to us as well as family who were planning on coming to the Islands.  Therefore I am very hesitant in moving forward with *************** as there is no guarantee that the job will be completed.  

      5.  There is no statement nor any proof that the different stages of work were completed for him to charge my account.  I only approved the deposit and he never contacted me either on the phone or by message that these charges were going to be made.  It was only after I confronted him did he try to justify it.  He never verified that the work was actually done- which it hasnt.

      6.  He had only one *********- the other kid left as he wasnt being paid as promised.  His additional bill- which I never signed- and wich he charged my acct in full - states that the charge for his two carpenters was ***** an hour and the hours totaled 40 hours each.  There were not here for 40 hours and I dont believe there were two carpenters.  I know for sure no one was here on Friday of that week.

      7.  *****, back in May, gave me the authorization to go to Honsador as ********** did not have the grey colors and shipment was not guaranteed and could take up to 6 weeks to come in.  Honsador had the product as well as the 16 feet.  When ***** told me they would be delivering the Trex I called Honsador and they said there was no order for delivery.

      8.  Yes I was angry at *************** as he kept throwing his contract in my face and whatever his  HRS 672e is and would not tell me when the crew would come out to finish the job.  He kept referring that ***** was in charge but ***** would never return calls.  I was very frustrated that my yard was a mess and still had no deck after 5 months and added expenses as family could not stay in the guest house.  
      9.  I never said nothing was done- it was always when are you going to finish.  All the promises were lies as I truly believe he is using the money for other jobs.

      since ***** and *************** have stated that the job will only take 5 days, the only way I will continue with this company is that I have a written document that will hold up in court that states HPS Construction will complete the job within 10 days from Monday July 31, 2023 to my satisfaction.

      Customer response

      08/31/2023

      I will agree as long as he completes the deck by September 12.  I contacted Honsador and the 16 foot decking is in stock as well as the square edge planks for the perimeter of the deck.  
      I just received my letter back yesterday from the post office which I mailed August 8, 2023 which he either ignored or his address is wrong on all his contract sheets.  

      Business response

      09/18/2023

      Good Morning BBB:   ********************* and ** worked out a mutually satisfactory answer to her inquiry. We will finish the deck by end of Sept.

      Please note that we waived the $2000+ upgrade she chose for the Trex over what the contract specified, but it wasnt entirely her fault. So we agreed and will absorb the additional cost ourselves. 

      Mahalo, *********************** HPS Pres/Gen Mgr

      Customer response

      09/23/2023

      Now Im learning from ***** , the contractor, that the trex I picked does not have gruves so that the can nail the trex on an angle using the clips.  I am trying to reach Honsadore so I understand what they are saying as they want me to change from the island mist boards that I selected.  When I got the quote back in May  it included the price of the clips and nothing was said about nailing the boards down.  I cant get a response until Monday, September 25th as they are closed.  I am not on the Island and wont be back until October 10 but will try to talk with them on Monday to figure this out.  

      Customer response

      09/28/2023

      I am not home right now - traveling- but my son said they started working on the deck on Tuesday and plan to continue until it is finished.  I will have to tell you if it is completed according to the contract when I return October 10th.
    • Complaint Type:
      Order Issues
      Status:
      Answered
      HPS Construction Services was contracted to provide construction and related services on Sept 20, 2021 to replace bathtubs, bathtub walls, plumbing fixtures and install shower doors to two bathrooms and to replace one toilet at my condominium located in ******, ******. It's been approximately 15 months since the contract was signed and HPS has not completed the project and has not provided a date as to when the job will be finished. Furthermore, HPS failed to provide its services to order and acquire materials for the project and left it up to the client to order most of the materials. A subcontractor hired by HPS installed the shower walls in Sept 2022 but the work was so defective that all the installed panels had to be removed. Damage was caused to the unit's new flooring, freshly painted walls, bathroom vanity, and additionally a coat of fine white dust was left over the entire condominium due to them sawing quartz in the interior of the unit.HPS charged client for 50% of the contract when it was signed in September 2021. Another 25% was charged at the end of December 2021 after the existing bathtub walls were demolished and one of the bathtubs and toilet were removed. No work was done on the unit from the end of Dec 2021 until July 2022, however the client was charged a 15% progress payment on March 8, 2022. An additional work order was agreed to in June 2021 which was charged upon agreement. On Sept 20, 2022, the final payment due of 10% was charged to the client despite the job not being completed.As of today Dec 12, 2022, the quartz panel walls, fixtures, and shower door have not been installed and a pile of rubbish/debris remains in the unit which has been there since Nov 7, 2022. No contact has been received from HPS since Nov 30, 2022. The contract states the work is estimated to be completed in ***** working day; it's been over 300 business days since the contract was signed and no completion date has been provided.

      Business response

      12/13/2022

      This is ************************* HPS Pres/GenMgr. ************** is justified in running out of patience. However, the unemployment rate of in ****** is only 3% as tens of thousands of people left the State during the Pandemic. It is well acknowledged that the construction industry is particularly affected by qualified worker shortages as well as the supply chain crisis. This is particularly true regarding vendors and fabricators of manufactured stone panels like counter tops and shower panels. Man y fabricators have gone outof business.

      There is another "more of the story" item which ************** omitted. That is that he wanted a not in stock special tub for one of his bathrooms. He and we chased this item for months, but to no avail via any of the Big Box home improvement centers located here, online and all were nationwide, suffering in this case from a not in production status.

      So, finally, the client and we decided on a drop in tub, with a custom surround, including a stone sitting ledge. We fnally got it scheduled from a subcontractor fabricator. However, the workers that company used were not capable of doing the job right, although they declared it finished, which led me to run the final 10% charge before I knew it had to be rejected, completely removed, and replaced at our full expense.

      This meant scheduling another demo, obtaining replacement panels, and finding another fabrication source. This process is ongoing at this time.

      ***************** rental unit is, and has been, unoccupied. He is remodeling it to get it ready for sale, as it is quite old. He has never complained about the 10% charge ($1,401.05), nor asked for it back, which we were, and are, quite willing to do for a situation like his.

      We are positively willing to do that, and/or discuss a reasonable delay compensation with **************, who is a quite nice gentleman.

      Our contract Disclosures covers product shortages, design change orders, subcontractors and vendors delays out of our control. We agree with ************** that our good faith effort to get his project done but then have to reject it due to poor panel installation by the fabricator hit us both very hard. We apologize for his consternation,and are suffering the financial consequences of losing money on his project as well.

       

       

       

       

       

       

      Customer response

      12/14/2022

       
      Complaint: 18564095

      I am rejecting this response because:  The soaker tub and lack of workers do not justify the delay.  My primary objective of this complaint is to get the project completed but I would also like to receive compensation for the lost rent due to this unreasonable delay (the unit rented for over $2,000/mo pre-pandemic and before the recent upgrades).

      There was delay due the unavailability of a 48-inch soaker tub,but the tub was picked up in early June, over six months ago, after I researched the availability of a suitable tub and ordered it from ********** without any assistance from HPS.  This process could have been started sooner if the operations manager handling my project would have been forthright and responsive to me regarding the status of the soaker tub.  I had been inquiring on the status/availability of the tub since December 2021, and on 12/27/2021 in a reply to my inquiry on a start date for the job he said Waiting on the soaking tub should be here any day now.  What followed for the next several months was me inquiring on the status of the tub and him replying that hed check on it and get back to me which he never did.  After it became apparent that HPS could not find a suitable tub, I requested the Additional Work Order for the drop-in tub and it was executed on 6/3/2021.  The soaker tub was picked-up and delivered to my condo on June 12, 2022 and can not be used as a reason for the job delay beyond this date.

      The reasoning that the company cant find workers does not justify them taking 15 months and counting to complete this job, a job that is not that complex and does not require relocating any pipes or fixtures.  Does HPS have any other pending jobs from contracts signed in September 2021?  Why are they completing work on other more recent jobs when my project is at a standstill?

      I have been inquiring about when the job will be done since December 2021 and HPS has been continually telling me that they will start and complete my job and they do not live up to their promises (I requested and they agreed that the job could start with the master bathroom/tub and finish the other when the soaker tub comes in):

      1/28/2022:  Operations Mgr *********************** states in text message that Will start next week
      2/22/2022:  ****** texts that h*** get the plumber in next week
      4/15/2022:  ****** texts yes we can start other bath if you would like
      6/15/2022:  ****** texts that the build out will begin on June 20, 2022
      6/27/2022:  *********************** texts me that they should be starting back on project in a few days
      7/13/2022:  ****** says Hopefully looking at finishing by next week
      7/28/2022:  ****** says drywall will be finished tomorrow and wall fabricators there on Saturday to measure, so looking to go up next week
      8/18/2022:  ****** says that install should be next week
      8/26/2022:  *********************** tells me that hes guessing end of next week or first full week of Sept right after Labor day
      *The initial panel installation, which was defective and unacceptable, was done from 9/13/2022 to 9/16/2022.
      11/2/2022:  After repeated inquiries throughout October, ****** texts me that shower doors will be removed on Friday 11/4/22, fabricators will be removing defective panel walls the following week, and is aiming to have job complete in two weeks (which is 11/16/22).
      11/23/2022:   After repeated inquiries about job completion and when trash/debris will be removed, ****** responds that trash will be removed Friday 11/25/22 and that theyll have an installation date on Friday as well.
      11/30/2022:  ****** texts that trash will be removed tomorrow 12/1/2022 and that panel guy can do the install Wednesday (no date given but assumed it meant following Wednesday 12/7/2022).

      No installation date has yet been provided by HPS.

      There are inevitable delays in construction, which have been exacerbated by supply chain and labor issues.  However these factors do not rationalize my project taking 15+ months to complete. 


      Sincerely,

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

      Customer response

      12/16/2022

      Please revise opening paragraph:

      I am rejecting this response because:  The soaker tub and lack of workers do not justify the delay.  HPS could have taken actions to complete the project much earlier but did not plan and take action at several points since the contract was signed 15 months ago that would have led to the project being completed months ago.  My primary objective of this complaint is to get the project completed, and at this point I would accept as a resolution that the project be completed in five business days and a 15% reduction in their price for their services.  Although I'm appreciative that HPS quickly realized the work of the subcontractor was completely unacceptable and needed to be re-done, I had no part in the decision to use them to install the panels and completion of my project should have priority over any project that was contracted after my contract was signed in September of 2021.  

      Business response

      01/05/2023

      I just received the BBB response from **************. I have forwarded his request to our Chairman, ********************, and to ************************************** for review. We will most likely approve his request, although I may be instructed to counteroffer. 

      *********************** Gen *** HPS Const Svcs, President ************************

      Customer response

      01/09/2023

       
      Complaint: 18564095

      I am rejecting this response because:  It is not clear whether this is an offer to resolve the complaint.  The proposal was for the company to finish the job in five business days and provide a 15% discount for their services.  The response from the business is that it will consult within its organization and possibly accept the proposal, which was made in mid-December.  Is the proposed resolution being accepted?  Please confirm.

      Also note that in order for me to consider the job completed, the damages caused within the unit by any one person affiliated with HPS and their subcontractors will need to be professionally cleaned/remedied and returned to its condition prior to any services performed by HPS. These damages include scuffed and stained flooring, dried water spots on the vanity faces, and surface dust from the cutting of quartz and drywall within the unit.  It is noted that the company has removed the rubbish and debris from the unit and has set aside my equipment neatly in a corner of the condo.


      Sincerely,

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

      Business response

      02/07/2023

      Thank you for your patience. It took until today, Tuesday, Feb 7, to arrange the replacement panels work which the number one fabricator (who I wish would have been available for your project) says he will be starting on this Thursday or Friday and might complete over the weekend.

      Regarding "pain and suffering" compensation:  It's still difficult financially in this inflation scare recession. And we are not a big company, but we will agree to compensate you $1000 upon your approval of the final work.

      Again, apologies for the delay.

       

      **********************;

       

      Customer response

      02/13/2023

       
      Complaint: 18564095

      I am rejecting this response because:  As with my past experiences with HPS, they have said they are going to do work and have again failed to complete any work.  In the response on 2/7/23 **************** states that the fabricator will start the project on Thursday (2/9/23) or Friday (2/10/23) and might finish over the weekend.  As of this morning 2/13/23 there has been no work done on the panel installation.  There is only drywall in both showers and not a single quartz panel has been installed.

      The original installation was done in mid-September and was rejected due to defective work.  I was told on 11/2/22 that my project would be completed in two weeks and every time I just get another excuse about why it isn't done but that as soon as the fabricator is lined up they'll get right on my job.  Per last week's statement it sounded like the fabricator was available and ready to proceed but yet again no work has been done.

      Furthermore, my original proposal for settlement was made on 12/16/22 for the project to be completed in 5 business days with the 15% reduction.  It is nearly two months later and it still does not appear that the completion of my project has any priority.

      Sincerely,


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

      Business response

      02/28/2023

      ****************** latest response is incomplete & slightly inaccurate. Says our stone panels subcontractor no showed on Thursday, but in fact the sub did go to site and take all necessary measurements. Then they came back two days later and did the installation. ************** has by now inspected and approved the re-do and I believe comunicated he was pleased. Today we are doing some minor touch up to finish completely.  *********************** HPS Pres/Gen Mgr

      Customer response

      03/15/2023

      This dispute is not resolved.  As of today 7/13/23, the job has not yet been completed.

      **************** sequence of events is not accurate.  He stated 2/7/23 that the fabricator was lined up and that they would start 2/9/23 or 2/10/23 and possibly finish that weekend.  The fabricator may have taken measurements earlier, but the panels were not installed until 2/23/23.  The panel walls are now installed correctly, but the job is not complete as the shower doors and curtain rod need to be installed, the affected drywall needs to be repaired, and the damage done by the subcontractor hired by HPS needs to be rectified.  

      **************** states in 2/28/23 response that "Today we are doing some minor touch up to finish completely", however today, nearly two weeks after saying the job will be finished completely, the job is still not done.

      Regards,
      *********************

      Business response

      03/17/2023

      As we explained previously, availability of stone panel fabricators has been terrible for two or three years, & still is. Nevertheless we completely removed the poorly installed stone panels in both bathrms & purchased new ones & paid the latest fabricator for installation earlier this month. We then went back & finished touch up for both bathrooms this week & are finished. ************** told our Supervisor that he is very pleased. *********************** HPS Pres/Gen Mgr

      Customer response

      03/24/2023

       
      Complaint: 18564095

      I am rejecting this response because:  The job is not finished and at no time did I ever use the words "I'm pleased".  I scheduled a walkthrough with the operations supervisor Thursday 3/23/23 but he pushed it back to 3/24/23 and now it looks like he can't meet until Saturday 3/25/23, which I'm not sure I can meet him yet (need to juggle some things).   There are several items that need to be rectified, including the secure installation and caulking of the fixtures and the clean-up/repair of the damage done during installation.  I will discuss further with the operations supervisor during the walkthrough

      The quartz panel walls look to be installed correctly and I texted the ops supervisor that it looks good, I did not say I'm pleased with the job as the job was paid in full six months ago and I'm still trying to get HPS to finish the job correctly. 


      Sincerely,

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

      Business response

      03/24/2023

      We apologize for the 3 day delay this week. One of our crew members suffered a broken arm during recreational time on Sunday. We understand why ************** is frustrated at us having to redo both bathrooms in a pandemic induced labor shortage time period. We are running help wanted ads every week.

      *********************** HPS

      Customer response

      04/03/2023

       
      Complaint: 18564095

      I am rejecting this response because:  seeking final resolution

      The job has been substantially completed with only minor corrections needed.  There was previously an offer by the business owner to discount the cost by $1,000.  Is this offer still available?  If so the $1,000 will be acceptable and the complaint can be closed out.


      Sincerely,

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

      Business response

      04/06/2023

      ************** has used an old rejection message BUT HAS ACCEPTED OUR OFFER FOR $1000 INCONVENIENCE PAYMENT. We will send him the $1000 next week upon return of our bookkeeper, who is out sick with *****. Thank you very much *****!  *********************** HPS Pres/GenMgr
    • Complaint Type:
      Billing Issues
      Status:
      Resolved
      On May 14, 2020, unnecessary plumbing work was performed to try to fix an ongoing problem with vanity drains in both bathrooms. Project manager, Lenny W*****, used *** ******** in an attempt to snake the drain with a camera. Lenny was not present when the plumber showed up. The head of the camera was to big and they did not have a smaller one. He went ahead and tried anyway. It did not fit. The service came with a 261 dollar price tag for 15 minutes of nothing. I met with Lenny several days later, and after a detailed discussion on how to move forward, he said that his company would take care of that charge. On May 25, 2021, one year later, I get a call from *** ******** about this outstanding bill that was about to be turned over to collections. I paid all the rest of the plumbing services except this one. Called Lenny W***** and left voicemail along with a text message on May 25, 2021. No answer or reply. I'm going to pay the bill of 261 dollars and try to get reimbursed from HPS.

      Business response

      06/01/2021

      Even though we are not contractually required to pay for Licensed Plumber charges, which are not subcontractors, but are direct billing, no markup no commission, we understand *****'s consternation and will send him a reimbursement check for $261. *****, sorry for your trouble. *** billing department is very disorganized and their company is going through management issues. Sincerely yours,  Gerry P***** HPS Pres/GenMgr

       

      Customer response

      06/02/2021


      Better Business Bureau:

      I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.

      Sincerely,

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

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