Complaints

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• Initial Complaint

  Date:06/26/2023

  Type:Order Issues
  Status:

  UnresolvedMore 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.

  A contract was signed on 3/30/2024 for Mr S**** to demo and remove a barn located at **** ******* ** ********* ** ****** .I paid Mr S**** a deposit of $3762 on 3/30/2023 and $4300 as a draw on 5/5/2023. Mr S**** dropped the barn to the ground in June but refused to do anymore work (debris removal etc)unless I agreed to pay a lot more money above the $10,750 agreed price. He floated a prices upwards of $19,000 for him to complete the work. When I paid the $4300 draw Mr S**** guaranteed that there would not be any additional cost to me beyond the original contracted price of $10, 750.

  Business Response

  Date: 06/28/2023

  Mr. ******** altered the contract without prior permission from Mr. S**** resulting in additional work, and a longer time frame and additional costs. Mr. S**** agreed to attempt to meet a previous price given to him by another contractor who had ripped Mr. ******** off by stealing $3,000 of the original contract, by taking a deposit and not doing any of the work, further lowering the original contract price. Also, in the beginning it was discussed in front of witnesses and a verbal agreement made that the job would likely cost more than the $10,750 and Mr. ******** was made aware of this and verbally agreed to cover any additional costs. When the heavy equipment was rented Mr. ******** changed the contract without any permission from Mr. S**** resulting in extra heavy equipment rental costs that Mr. ******** refused to pay for and then demanded that Mr. S**** to honor the original agreement and refusing a change order that was for additional labor, heavy equipment rental and dumpster fees. Mr. S**** never stated that it would cost upwards of $19,000 for the barn removal. Mr. S**** had a change order that was completely reasonable for the extra work required for the previously stated additional costs and Mr. ******** refused to honor the change order, therefore resulting in this current standstill. Mr. S**** has a reputation of completing all jobs in a timely and orderly fashion with the upmost quality of work. 

  Customer Answer

  Date: 07/09/2023

  Mr S**** states that he has a reputation of completing all jobs in a timely and orderly fashion with upmost quality of work.  The is not a truthful statement.  *** ***** ** ********* ***** **** ** ******* ***** ** ******** ****** ************ *** ****** ** ******** *** ********* ** *** **** ******** ***** ********* *** *** ******* ****** ********* ********** ****** *** ********* **** *** ************** ********** *** ******** ** *** *********** ********* ******* ** ************ ******* ** ******** *** **** ********** **** ******** **** *** **** ******* *** *** **** **** *** *********** 
  
  Mr S**** alleges that I changed the contract without permission.  This is another untruthful statement.  Mr S**** was on site with one other helper whom he hired right out of jail and was not privileged to most discussions. After signing the contract Mr. S**** changed how he was going to do the demolition work on numerous occasions.  Stating first that he would have two experienced subs and day laborers assist and that the barn would be on the ground within one week which proved to be a falsehood.    He also stated he would   take off the siding and metal roof before dropping the barn to the north as the barn was already leaning in that direction. I did express a concern that dropping the barn and silos to the south would likely damage a dumpster and grain bin. Ultimately, he ended up taking some of the siding off leaving most of the metal roofing before dropping the barn to the ground in a northerly direction..
  
   I provided Mr. S**** a check for $4300 on May ,5 2023, which per Mr. S**** would cover the heavy equipment rental, dumpsters, chains (not included in the contract), and labor. Note there are no provisions in the contract for me to pay the cost of heavy equipment.  Mr. S**** further stated that there would be NO additional costs beyond the contracted price of $10,750. The $4300 was in addition to the $3762.50 deposit which Mr. S**** previously received on March 30, 2023, and apparently diverted to other projects. Unfortunately, due to Mr. S****’s personal issues and scheduling difficulties with the equipment rental company he was not able to manage the arrival of the heavy equipment to coincide with his availability resulting in lost time and rental days.  Additionally, Mr. S**** broke the windshield on the equipment resulting in more downtime and an approximate $1200 cost which Mr. S**** apparently wants to now add to the cost of the demolition. Mr. S**** was supposedly going to contact his insurance company regarding the claim but never advised whether the claim was approved.
  
   Mr. S**** and his helper spent much of their  labor time trying to salvage barn beams and the white oak framing boards.   He was also supposed to concurrently load dumpsters when the barn was dropped but this never happened.    To date Mr. S**** has completed about 1/3 of the work contracted for.  It was only after the barn was dropped that Mr. S**** stated he needed a lot more money to complete the project or as he stated he needed to “facilitate the contract”.  He claimed that if someone else did the job it would be a lot more money.  Although the amount was not specifically stated (correction to $19,000) I was led to believe that “a lot” meant it could be multiple thousands of dollars. Contrary to his reply, Mr. S**** has never provided or proposed a change order for any modifications to the original contract.   In fact, the contract which Mr. S**** signed is quite clear.  He agreed to a contract to demolish the barn and two silos and remove the debris for $10,750. If Mr. S**** underbid the contract, mismanaged the equipment rental, labor or underestimated the salvage value of the wood that is his problem.  To come back requesting more money is deceiving, unfair and not professional.
  
  Mr. S**** has played loose with the truth.  Nothing that occurred that should have raised the price.  It is Mr. S****’s mismanagement of the project. If Mr. S**** wishes to submit a change order that is justifiable 
  to me then I will entertain his request.  However based on the fact that Mr. S**** took an additional $5,000 upfront from the plaintiff in the aforementioned civil case and did not complete the job I will only place any additional money to complete the contract in escrow pending Mr. S**** actually completing the job.