ComplaintsforAvsten Construction, LLC

• Initial Complaint

  05/13/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  As stated in my cancellation letter to Avsten Construction, I was given a very strong reason to believe that my insurance company and I were about to be taken advantage of, due to the fact that I agreed to a specific amount of roof work to be done for a specific price, which my contract will confirm, and was later blindsided with an inflated price! I contacted Avsten on 4/13/2023 to confirm our contract and installation for 4/17/2023. It was at that time I was informed by Avsten that the contract had been changed without my consent, and when I asked why? I was told that they left items off of the job, which nearly doubled the cost, from the original contract $14,632.76, to over $21,000.00. I immediately instructed Avsten to put the job on hold until I consult with other professionals in the industry to get quotes for the same job, and they all confirmed that even though 14,632.76, was still at the high end, it was closer to a realistic quote for this job, which also confirmed to me that I was being taken advantage of, and that this was an unprofessional and unethical practice, especially the way in which I learned of the price hike! Avsten, should have contacted me, the same way I contacted them, to get a signature as confirmation of any changes, in which I would have stated "NO THANK YOU!" And even now, after asking for a full refund of my deposit ($3,538.00), due to lack of trust of Avsten, and it's unprofessional and unethical business practice in my case, they continue this inappropriate behavior, by attempting to (EXTORT/BLACKMAIL) me for the return of my deposit, by refusing to return my deposit unless I sign an agreement stating that I will not speak of my experience with Avsten, which is my legal right to do. And it is also my right to request the return of my deposit under these circumstances! And as of this day 5/13/2023, they are still refusing to return my deposit (3,538.00), even though no materials have been accepted, and no work has taken place!

  

  Business response

  05/26/2023

  Mr. ***** ***,
  CC: BBB
  I would like to start by saying I am truly sorry that you feel this way.  We understand that through this claim process regarding the damage to your home, things could have been misunderstood. As a homeowner, this is not something you probably have to go through very often.
  On 8/31/22, you reached out to Avsten Construction to request services.  On 9/1/22, one of our sales representatives came to your home for a scheduled meeting.  You informed us that you believed you had storm damage to your home, and you voluntarily signed a service agreement with Avsten Construction to start the repair process. On 9/16/22, an Avsten representative met with your insurance adjuster, as you called us to inform us of that scheduled appointment.  Your insurance company requested that your roof be repaired, and not replaced.  Avsten and it’s representatives could not identify the existing shingle manufacturer.  Avsten asked you, and State Farm how to proceed.  State Farm requested for a shingle to be removed from the roof so that it could be sent to a 3rd party company for identification.  An Avsten rep then came out, pulled the shingle and installed a tarp on the roof in the area where the shingle was removed to prevent any leaking.  Once the insurance companies 3rd party identified the shingles, we schedule a time with you to come out and replace all of the damaged shingles on 10/7/22, as requested by you and State Farm.  The shingles installed, were Owens Corning Onyx Black.  After completing the repairs, Avsten documented and took photos of the repair.  You were not happy with the repairs, as they did not match, so a full replacement request was sent to State Farm.  After Avsten sent the documentation to State Farm and communicated with them over the phone multiple times, State Farm agreed to a full replacement on 10/17/22.  After Avsten received a copy of the State Farm replacement estimate, the Avsten rep again met with you on 11/3/22 to go over the estimate and enter into a formal contract for the replacement of the roof.  During that visit, the Avsten rep went over the estimate and noted multiple missing roofing components within the estimate. These missing components were critical components in regards to your roofing, interior, and structure (for example a full replacement of the OSB underneath the shingles that was not up to building code requirements).   We explained to you that we would be sending more documentation back to State Farm, which is known as the “Supplement Process”.  We also noted these supplemental items on the contract in writing, and is also explained in the contract that that would of course change the price as items would be added upon approval by State Farm.  Next to those noted items on the contract, you signed your initials stating you understood the supplements and price changes.  On 11/4/22, our estimator, ******, in the office, called you and went over her supplement estimate and the price differences.  After speaking with you, she sent the supplement to State Farm and copied you on the email at 9:49am.  After ****** went over all of the supplements with the State Farm adjuster via multiple follow-up emails and phone calls, State Farm revised their estimate to include the requested supplemental items, with the new total APPROVED by State Farm in the amount of $23,360.44.  On 12/6/22 at 9:08pm, we received that copy of the State Farm estimate via email from you.  On 12/15/22, we notified you that the revised estimate finally included all of your roofing and interior components.  We also informed you that we needed to wait until the weather was above 40 degrees to install, due to manufacturers guidelines.  At that time, you confirmed that you understood the scheduling, and Avsten then ordered the materials and stocked them in our warehouse.  A few nice days came and went in January, February and March, but each time we tried to schedule the install with you, we were told you wanted to wait until spring.  On April 3, 2023, you then stated that you were not happy because you were not informed of the supplement process and/or price changes and/or work order changes.  You also asked the owner of Avsten if the job could be done for a cheaper cost.  All of Avsten’s supplemental estimates were written with the same estimating software that State Farm uses, and these costs were verified (and approved) by your insurance adjuster. Avsten’s owner informed you of this being the reason our price would be exactly what was approved by your adjuster.  You then said you would like to get bids from other companies.  The owner stated that he understood, and also asked that you provide the other companies with a list of ALL of the components that needed replaced, so that you would not be provided with just a generic shingle bid.  Avsten also asked to see the bids, so that we could make sure they were quoting replacement of all of the components, and not reusing items, such as flashing's, ventilation, etc.  You then called the owner of Avsten back and stated that you found someone cheaper, but would not elaborate.  You then demanded a full refund.  Avsten’s owner explained all of the costs incurred during your repair process (labor and materials), and administrative hours fighting for you to get a full replacement of your roofing and interior, instead of just repairs.  Avsten never asked for you to pay a dollar over your deductible. Avsten did not extort or blackmail you.   Avsten did not take advantage of your insurance company simply due to the fact and Avsten Construction and State Farm came to an agreement on a price that was in between Avsten Construction’s estimate and State Farm’s estimate as what is owed to restore your property to “pre-storm condition” and bring it up to code. 
  Yes, there are companies that will do it for “cheaper”.  Some other companies also reuse components, cut corners, do not provide warranties, and use minimal quality products.   If Avsten were to “do it for cheaper”, we would have billed your insurance company for exactly where the corners were cut, and fully disclosed all changes.  The job cost on insurance claims is ALWAYS the cost approved by insurance. To do it for “cheaper” than what the adjuster approved is insurance fraud.  Avsten is a member of the American Policyholders Association and we fight for hundreds of homeowners every year to make sure the repair process is done properly per building code standards on each and every project.
  We handle help numerous amounts of customers work with their insurance company per year to make sure that each and every customer receives a full roofing system on every install. If you contact different insurance companies, I am sure that each and every one could explain the “supplement process” as stated above. This is a common practice in our industry and should not be labeled as” Fraud” or “Taking Advantage” of a customer or insurance company. We use the same industry pricing software as 95% of insurance companies, a change in total price would reflect the additional items added to the original estimate that were not included on the original insurance estimate
  
  Sincerely,
  Donovan M******
  Owner
  Avsten Construction

  Customer response

  06/01/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ** ********, and have determined that this does not resolve my complaint.  For your reference, reasons for rejection are included below.
  

  I've already had this conversation with the owner of Avsten, and as I explained, I was told by the sales representative of Avsten, that there was no charge for the process of working with insurance companies to submit a claim. It was part of the process in giving a free estimate, so whatever the process is to submit a claim, it also is part of the free estimate as well. So if the process requires removing shingles, testing shingles, or working with the insurance company in any way, then that's between the requirements of the insurance company an Avsten.
  I was informed by the sales representative that this entire process was part of the free estimate, and that I would not be charged for any portion of this free estimate, which every roofer does when working with a customer and their insurance company, which is why it's called a (Free Estimate). So if I were to be charged for any portion of this process, I should have been informed that the estimate was no longer free, and given the option to move forward or decline.
  I also did not acknowledge any correspondence emails due to the fact that I would be contacted by the estimator ******, by phone whenever Avsten had questions or needed information, with the one exception of course, where the price was changed, and cleverly unmentioned, until I questioned it. And at this point, the contract was already signed and established, waiting for scheduling.
  And as for (fraud), It is very fraudulent and unethical of Avsten, or any other company to establishing a contract at one price ($14,632.76) claiming that everything will be up to code, and later attempting to manipulate the insurance company and the customer, claiming that now ($23,360.44) is needed to meet code, especially when other contractors can meet code for under ($14,632.76).
  So if ($23,360.44) was truly necessary to meet ode, then why would Avsten ever agree to a contract of ($14,632.76)? This is fraudulent and unethical, or incompetent at best, but either way, this isn't a company that can be trusted.
  Furthermore, I was informed by my insurance company, that I am solely responsible for the company that I choose, and that they (my insurance company) would not partake in any aspect of the process, including hiring, coordinating, follow-ups or disputes. 

  The only resolution offered by Avsten, is the extortion letter, to silence me. I still have not received the return of my deposit ($3,538.00), 

  
  Regards,
  
  ***** ***
  

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