ComplaintsforFirst Choice Contracting Corp

• Initial Complaint

  03/31/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We entered into a contract with *********************** of First Choice Contracting Corp in 3/21. He was to add a rear and side addition for $135k. He told us the job would take 3-4 months. We have texts promising completion by certain dates. We took out a construction loan with ******* for $135k to pay for the work & the loan closed in 5/21. He signed the breakdown with ******* listing how the $135k would be budgeted and the disbursement sheet agreeing to the schedule. After false promises as to when we would start, he began work in 9/21. Once we started, he would rarely show up and we would go weeks without him coming. He would make excuses as to why he wasnt there. He worked sporadically but kept saying he couldnt wait for bank disbursements and that we had to pay funds out of pocket for the job to progress. We gave him a total of $55k, which he said would get us framed, roof on, water tight and ready for doors and windows. In 3/22, he supposedly finished framing, roofing and scheduled us for an inspection. I say supposedly because the framing is still not complete. Also, all of the material to complete the framing is still not on site. On 3/19/22, we failed inspection because the wrong nails were used for the straps and the sheathing nails were incorrect and must be redone. Also, the roof rafting straps were not installed. We chose to terminate the contract because 1) the inability to complete the project within the promised time or a reasonable time frame, 2) his refusal to follow the disbursement schedule, insisting we continue to lay out money and our belief that the job would go over budget and 3) the poor quality of the work evidenced by the failed ******************* left unfinished. We sent him a termination letter on 3/22/22. We need him to sign *************** final lien waiver but he is extorting us by refusing to do so unless we pay him an additional $10,750. Without him signing the waiver, the bank will not disburse any more funds and our job cannot proceed.

  Business response

  04/05/2022

  
  CONTRACTORS RESPONSE TO COMPLAINT: 
  
  This is a 100% breach of a contract. The homeowners complaint is completely false. The homeowner, *************************, is trying to make false allegations to  break the contract and to put money in his pocket because he is going to go over budget on his end. This has nothing to do with FCCC . They are stating that the job would take 3 to 4 weeks. This is an unfair time frame due to the inspections. The real reasons of the extended time to complete the job moving  forward was : 
  - Lack of money 
  - No foundation under part of the rear extension needed the architect to design a dutch wall 
  - Added an egress window without me knowing 
  - Plans called for 2x10 floor beams the homeowner didnt want to lose the 2 of ceiling height in the basement so the architect had to redesign new floor system with 2x8s and add an additional girder with a lolly column   
  - Side addition came into the existing electric meter. I suggested to the homeowner it would be cheaper to move the extension in 10 to avoid moving the meter but he wanted to move the meter. 
  - So the above items cost the homeowner $6,800.00 dollars in additional work. 
  - I let the homeowner pay the electrician directly which the homeowner  decided to put a hold on the electricians check without telling  me or the electrician because he wanted all the old breakers moved over.  So basically that was making the electrician do double the work because he was getting all new breakers when we did the kitchen and bathroom.
  Besides the above reasons causing delays I had issues due to : 
  - I had Covid which lasted 3 weeks 
  - I was in an accident with my work truck and it was impossible for the body shop to get parts to fix it 
  - Rain 
  - Two snowstorms which we were up to the roof and it was unsafe to work with snow on the roof. We shoveled the ********** times to try and  work. 
  THAT SHOULD SUM UP THE ***** PART OF THEIR COMPLAINT 
  
  NEXT THE STRAPPING INSPECTION 
  - One of the requirements is an exterior strapping inspection which failed, the homeowner stated to me that the inspector said they all have to be removed which was false. I emailed the inspector and he said just to add a couple of 2 nails to the empty holes but do not remove them.
        NEXT THE CONSTRUCTION SHEET FROM TD: 
  The homeowner states that my numbers are off from the TD cost sheet. I spoke with TD and they know those numbers are a rough cost sheet to get the number to the amount the homeowner is applying for. 
  
  NEXT THE DISBURSEMENT WORK SHEET: 
  That is not my signature on that form. I told the homeowner from day one Im not going into my pocket for money for this job and that they needed money ahead of the bank to keep the job moving forward.
  NEXT I RECEIVED A TOTAL OF $55,000.00 
  - ******** gave the homeowners more money but they reimbursed themselves for money they laid out. This was $16,000.00 for cabinets which were not needed at the time
  and  $4,000.00 for flooring that was also not needed 
  - $1,500.00 deposit / $750.00 of that went toward additional  insurance 
  Requirements 
  - $13,500.00 
  - $5,000.00 
  - $20,000.00 
  - $15,000.00 
  
  Which does not cover the work performed 
  - Demo 
  - Excavation 
  - Foundation 
  - Lumber 
  - Labor to frame 
  - Roofing and labor 
  
  - There is no outstanding work unfinished. The homeowners are saying that to try and make my company seem like we are incompetent. This is 100% untrue. I offered to even remove the dirt that I was not paid yet to do, add the nails to the straps, and get the inspector back to pass it and they said no. 
  - Im asking for an additional $12,525.00 which I lowered to $10,750.00. I asked to sit down and talk this out and they refused. I broke the job down for them and showed the homeowners my cost.  There is $9,000.00 in extra money after paying me the $12,000.00 which I lowered to $10,750.00. I requested cash or a bankers check as payment because they put a hold on the electricians check and I cant trust that it wont happen to me. The homeowner told me that the TD lawyer was going to come after me. I called the bank they said they wouldnt do that. They have nothing to do with the homeowner and me. The TD  contract is with the homeowner and the bank. Also, the bank said they would stop the loan payments immediately which they did.  ******** also told me to put a mechanical lean on the job. I was trying not to do that in hopes that we could work this out. That does not seem like its going to happen. I tried and am still willing to end this. My final offer to end this is $9,500.00. 
  
  Sent from Mail for Windows
  

  Customer response

  04/05/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  The only person who has breached our contract is ***********************.  We have ample text messages with **** as well as pictures of the job site to prove this, which we are happy to provide. He is the one who failed to complete our job within a reasonable time frame, mismanaged and misappropriated the funds from our job and produced an extremely poor quality of work including failed inspections and incomplete work.  Unfortunately, we are not the only people who **** has defrauded. After we posted a review on a local website, we were contacted by other customers of Troys who have shared eerily similar complaints. Attached is one such complaint from another homeowner. 
  
  Troys claim that there will be money left in our pockets is completely false. In order to complete the project, including fixing all of Troys errors, we will have to pay other contractors over $127k (not including the cost to pour foundation which we have not been quoted yet). We will now be forced to spend significantly more than the original price quote to complete the project. Again, invoices and estimates are available and can be provided if helpful. 
  
  Troys statement about the job taking 3-4 weeks is untrue. He did however, promise the job would be complete in 3-4 months and we have ample text messages to prove same. Regardless, it has now been over a year since we signed with **** and he was nowhere near close to completing the project nor could he provide us with an estimated date of completion. To respond to Troys excuses point by point:
  
  -There was never a lack of money to complete the job. Each time **** asked us for a check, we would provide same despite the recommendations of the bank not to do so. Further, if **** were to simply comply with the disbursement schedule that he signed, he would have been timely paid once work was completed. 
  
  -In regards to the dutch wall, we are not architects or contractors and were unaware a dutch wall would be required. However, **** came to the site on several occasions and should have seen there was no foundation under the rear extension and as such a dutch wall would have been required. Regardless, we paid this cost out of pocket and this was not a source of the delay as it was poured the same day as the walls.
  
  -In regards to the egress window, this is required by building codes and has been for years as per ************* for any new construction or renovations. 
  
  -In regards to floor beams, the plans and contract indicate that the new basement ceiling height was to match existing basement.  Plans were changed multiple times due to **** cutting corners to save money, first going from TGI beams to 2x12s to 2x8s.
  
  -In regards to moving the electric meter, the plans were drawn such that the extension would protrude past electric meter and needed to be moved. All knew this before he started. Troys advice after the fact was to shrink the addition to save money on his end. We did not agree to do this. 
  
  -In regards to the hold placed on the check to the electrician, the hold was placed because the electrician did not complete the work properly. Per code, leaving an accessible electrical panel above an oil tank is not permitted. Once the work was completed properly, the electrician was immediately paid in full. 
  
  -Troys excuses about being sick, being in an accident and the weather contradict the messages he sent us previously. We offered to pay for a rental truck from ********** out of our pocket when **** was allegedly in an accident. There were days and days of good weather where **** was nowhere to be found. 
  
  **** acknowledges that we failed the strapping inspection due to his inability to follow the building codes and plans. 
  
  We spoke with ******* and they deny the statements **** is attributing to them.
  
  Troys signature is on the disbursement worksheet. While he now claims he told us he wouldnt pay money out of his pocket, this is exactly how a construction loan works. **** should have not have taken on this job if he knew he couldnt comply with the terms of the construction loan. 
  
  Based on the work **** claims he has completed, he should have been paid at most $39,500 per the cost breakdown (assuming he actually finished the work- which he didnt). Of the work he claims he performed, all was faulty and or incomplete.  Specifically: 
  
  -In regards to demo, only a fraction of the total demo has been completed to date. In addition, much of the demo debris is thrown all throughout our yard.
  
  -In regards to excavation, this was done incorrectly. The hole was not dug wide enough resulting in foundation being incorrectly poured, not matching the plans.  The side addition now has a cantilever where it was supposed to have additional square footage in the basement. Further, mounds of dirt were left on site. While doing excavation, **** shattered our bay window which we now have to pay to replace.
  
  -In regards to foundation, it was poured incorrectly as stated above. We still do not have a slab poured. The foundation that is there is already cracking resulting in water pouring into basement. See attached.
  
  -In regards to lumber, any increase in material cost should be Troys burden. Had the wood been purchased when we paid him in November like he promised he would, we would not have been subject to such increases. In addition, all of the lumber is still not on site and we have been forced to purchase more to finish the job.
  
  -In regards to framing, this is still not complete: ceiling joists are missing, ceiling joist hangers are missing, subfloor is incomplete. Also, as mentioned above, strapping was incorrectly installed at the wrong time. **** tried to fix it by using a crowbar to pry up sill plate and slide straps under sill. This led to damage of the sill plate, ****** sill and cushion where it is installed. He then left the broken piece of crowbar in the framing, which we only recently discovered. See attached. Also, **** incorrectly read the plans while framing window and now work needs to be redone and plans adjusted again. 
  
  -In regards to roofing, fascia board was not installed at all and we now have to pay to have this done.
  
  In general, **** left the job site in a hazardous conditionnails everywhere (we have two young babies and a dog), garbage and debris all over yard, central air lines improperly cut with bolt cutters releasing Freon into the air.
  
  Troys statement that there is no outstanding work unfinished is completely false and nonsensical. The pictures we have and are happy to produce show otherwise. The entire project is unfinished and what has been finished is incorrect and needs to be fixed. **** is not owed another dollar for the work (or lack thereof) that he completed. If anything, we should be entitled to a refund of at least $15,500 for overpayment ($55,000 minus $39,500 = $15,500). 
  
  Finally, Troys statement that we refused to talk to him to resolve this is untrue. We had multiple conversations where we asked him to sign the banks release form. In exchange, we would waive our claims for overpayment and breach of contract. He refused that and instead is now trying to extort us for more money by holding our job hostage. The bank will not disburse any more money until Troys improper claims is resolved. He is placing us in duress and leaving our young family in an untenable scenario. 

  (Photos are not sending and as such, we will fax same.)

  
  
  
  
  
   
  

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