Complaints

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• Initial Complaint

  Date:17/07/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore 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 private residence remains incomplete despite extended time period of inactivity. Owners have been occupying the residence since February 2023 but, city services are incomplete due to missing occupancy permit. Clay Constructions inactions, as demonstrated in serial emails and text messages, constitutes a breach of contract. Approximately $250,000 has been paid as Builders Fee plus hour rate for work performed by Clay Constructions. Payment to Clay Construction is consistent with signed contract and proposed budget for completion. Yet project remains incomplete. These payments to Clay Construction is in addition to payment for materials and constructors. All payments are up-to-date but a holdback, approximately 2%, applies. Since invoices from May 2, 2023, there have been no significant activities on the site. Several disputed invoiced items remain unresolved despite **************** email on May 3, 2023, stating disputed items will be revised immediately. There are regular emails or text messages every week to two weeks promising work towards occupancy permit. However, there is no action. While Clay Construction acknowledged that the sidewalk is hazardous to pedestrians on June 6, no repairs, or timing for repairs, is available.Please complete work in a timely and professional manner. Background Dates:1.Initial phone contact and email to *******************, November 26, 2020.2.December 31, 2020, updated budget.3.January 11, 2021. Contract signed and a $25,000 deposit. 4.Salvage permit, June 18, 2021 5.Building permit, Aug 31, 2021

  

  Business Response

  Date: 03/08/2023

  Clay Construction has enjoyed a positive working relationship with ******* and *************  We agree with ******* that the final items have taken too long and needs to be resolved as soon as possible.  We have responded to ******* and ****** with the following email.  Our intention is to get their occupancy permit as quickly as possible.  ***** is the lead on this project and I have freed up his time so that he can focus on finishing.  This is a huge priority for us to get the final items completed.  See our response below.

   

  ******* and ******
  
  Here is a list of outstanding items
  
  Sidewalk pour:
  The sidewalk is scheduled to be poured this Friday afternoon. ***** will form the small street curb section by the city water connection before the pour. We will fix any issues with the flagstone pavers by the sidewalk. I noticed that a little bit of sand fell out by the joints of the stones and we can replace it.  Did you get the extra irrigation pipe installed?
  
  Final Plumbing inspection
  Dispatch has a problem with their final inspection as the energy report calls for electrical back-up system, even though the ****** that is gas fired is connected to the Heat Pump system. I spoke to the ***************** about getting the energy report modified due to the ************************* requirements because of the lower air tightness. They will accept want was been installed.
  Next steps:
  Update energy report. The final one doesnt not have all the proper info that I requested, so I am following up asap
  Submit energy report to ************* new energy report to plumbing inspector
  
  Heat pump location
  The building inspector cant approve the heat pump location even though ****** permit was accepted and approved. I spoke to the City and they will approve it due to the models low emitting sound. I am waiting to hear back on getting a written approval
  Next steps:
  Follow up with COV
  Submit approval to building inspector
  
  Handrails for the entry and rear stairs: 
  The building inspector is okay with the stair railings matching throughout but the ones on the front and rear stairs are not the proper profile for someone to grip. The current ones are too square. Can you install a profile similar to this shape. 
  ***********************************************************************************
  Next steps: 
  Change these railings
  
  Schedules: 
  Structural: 
  I will follow up with ***** as I know there was a concern with the engineering package for the stairs. I believe she needed some extra pictures from us that shows all the structural backing that we installed for the stairs.  I will follow up with her asap
  The original schedule b was submitted by *******************************, Structural ***************** so I will get Timber Engineering to complete the final one. 
  Geotechnical: 
   I believe we already submitted this one at our rough inspection but I will get another copy encase **** doesnt already have *********************** (pool):
  I dont see a schedule submitted for Mechanical even though ******* had an engineer review his work. I will follow up with ********* 
  Arborist: 
  I thought he submitted a final report, so I will follow up. 
  
  Pool Ceiling:
  As you know ****** installed a waterproofing product called ***** *** on the walls and ceiling. As per page 4, membrane can we covered with many options. The option screeds is the one that best suits you. 
  ****************************************************************************************
  The rep indicated that a modified thin set product is the best. I spoke to ****** to discuss the product options and his process. He has a compatible product and is fairly confident that he can achieve a smooth surface. I have scheduled him to complete this task on Wednesday August 9th. As per the colour, we will go with a light colour option but will be more of an off white tone.
  I dont believe the pool will affect the occupancy permit but I am sure you want to start using it asap.
  
  Quality items (not OP related):
  Exterior: 
  Stairs off deck should we add more concrete under the treads to help support them more? We could add more concrete on Friday?
  Cladding finishing details
  We need to install missing details below the entry and exterior doors
  Remove misc scaffolding scraps, screws, etc.
  Review corner left side of entry door
  Review fascia detail at the peak at all ***** ceilings
  Verify that all windows are properly caulked
  Painting
  Review exterior painting colours / sheens 
  Garage 
  Install cladding and flashing above 
  Fix gap at electrical 
  Review garage door and modify it so that ******* van can park there
  Downspouts
  Add extensions to the ones around the garage and paint to match if necessary (x1 8 downspout that matches is onsite by the garage)
  Interior:
  I believe you have fixed all the cabinet and trim details
  
  These are the major items that I can recall. Once the final building inspection is completed and the occupancy permit application is submitted, we should do a thorough walk thru. 
  
  Can we connect tomorrow as we have some invoices from our trades that are passed 45 days due? We were wondering if you want to pay these trades directly so that their work is covered. We will hold our fees until the Occupancy Permit is obtained and you are finally satisfied. 
  
  Sincerely
  
  Shaun S*******
  VP of Operations
  Clay Construction Inc. 

  Customer Answer

  Date: 12/08/2023

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

  Thank you for resuming work on this project.  However, occupancy is our main concern.  While there is a list of items to complete for occupancy, there is no timeline to occupancy permit.  Again,  we have moved into this house in February 2023.  Outstanding issues should have been addressed months ago.  Until we obtain occupancy permit, we are unable to obtain a mortgage and we do not have city services such as garbage collection. 

  Outstanding invoices will be paid minus a 2% holdback, which is about 20% of the builder's fee.  All trades should be paid promptly. Ongoing service charges, rentals, AND hourly rates from the builder is not acceptable as work should have be been completed months ago.  ALL additional charges, material and labour and any miscellaneous charges, MUST be pre-approved by home owner. 

  This matter remains UNRESOLVED until occupancy permit is issued by the **** ** *********. 

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

  

  Business Response

  Date: 05/09/2023

  My site manager ************** Amour and I met with ******* and ****** on Wednesday, August 30th.  It was a very pleasant meeting.  It is clear that the main objective is to get Occupancy Permit and the remaining deficiencies can be completed afterwards.  The tasks required are not too onerous and ***** has a good grasp of what he needs to do.  We promised that this should be completed in September barring unexpected requests from COV, engineers, etc.  We feel confident that this will be wrapped up in September.  

   

  My updated notes from (August 30th Meeting Update)
  
  
  Sidewalk pour:
  Side walk pour complete with edges to grass and paving stones cleaned up.
  
  Final Plumbing inspection
  Dispatch has a problem with their final inspection as the energy report calls for electrical back-up system, even though the ****** that is gas fired is connected to the Heat Pump system. I spoke to the ***************** about getting the energy report modified due to the ************************* requirements because of the lower air tightness. They will accept what was been installed.
  Next steps:
  Update energy report. The final one doesnt not have all the proper info that I requested, so I am following up asap
  Submit energy report to ************* new energy report to plumbing inspector.
   Updates: ******* and Dispatch need to call for their re-inspections
  

   

  August 30th Meeting Update
  ***** has Energy Report. Dispatch needs to call for their final reinspection demonstrating that we dont need electric backup. Plumbing inspector will need to see energy report.
  Dispatch needs to install the shower fixtures for the pool.  Fixtures are here.  Heat for pool needs to be turned on.
  Aloha, can come in once ****** is done.  Anytime next week.  ****** is coming this week.
  
  Heat pump location
  The building inspector cant approve the heat pump location even though ****** permit was accepted and approved. I spoke to the City and they will approve it due to the models low emitting sound. I am waiting to hear back on getting a written approval
  Next steps:
  Follow up with COV
  Submit approval to building inspector
  (August 30th Meeting Update)  Update: once above is completed, we will call from for our inspection
  

   

  August 30th Meeting Update

  (August 30th Meeting Update) ***** met with city engineer who approved the heat pump location.  Once Plumbing inspection is approved, we call for Building Final Inspection.

  
  Handrails for the entry and rear stairs: 
   (August 30th Meeting Update). Completed by ***************
  
  
  Schedules: 
  Structural: 
  I will follow up with ***** as I know there was a concern with the engineering package for the stairs. I believe she needed some extra pictures from us that shows all the structural backing that we installed for the stairs.  I will follow up with her asap
  The original schedule b was submitted by *******************************, Structural ***************** so I will get Timber Engineering to complete the final one. 
  

  August 30th Meeting Update

  (August 30th Meeting Update) *****'s document needs to go to the previous engineer.

   

  
  Geotechnical: 
   I believe we already submitted this one at our rough inspection but I will get another copy encase **** doesnt already have it. 
  (August 30th Meeting Update) ***** or other to pick up document. Document was requested 2 weeks ago. (August 30th Meeting Update)

  Mechanical (pool):
  I dont see a schedule submitted for Mechanical even though ******* had an engineer review his work. I will follow up with ********* 
  (August 30th Meeting Update) will talk to ***************************** the Mechanical Engineer?? 

  
  Arborist/Landscape 
  I thought he submitted a final report, so I will follow up. 

  
  (August 30th Meeting Update)  Arborist final report completed. Not sure if this report needs to be stamped for *********  ***** will ask. ******* will send to **** and hopefully this is all ******************
   Update: **********;to follow up with **** next week.
  
  Fire Sprinklers:
  We need the 13D document from ***********. 

  (August 30th Meeting Update) ***** will follow up with *** from ***********.

  Customer Answer

  Date: 04/10/2023

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

  After a meeting with Clay Construction site manager, *****, and owner, *******************, on Aug 30, 2023,  ******************* detailed a list of to-do items and promised occupancy permit by the end of September.  Unfortunately, we do not see any action on items by Clay Construction.  We still do not have any ETA on occupancy which they had originally scheduled for January 2023. (************* schedule available.)
  
  Sincerely,
  
  *********************

  

  Business Response

  Date: 16/11/2023

  ***** has been successful in completing many of the items so that we can get the schedules to the architect.  I will reiterate that *******/****** and Clay Construction are in agreement that the Occupancy Permit is critical to receive asap.  We are working to that end and are nearly there.

   

  ***** is securing the last schedules to provide to the Architect for his review.

   

  I wanted to confirm that you may put this update into the portal.  I have not been able to access the portal thus I give you permission to update on our behalf.

   

  October 28^th, 2023

   

  Monday 

  • *****and Nic (***) to install drywall on the ceiling in the two mech rooms  completed (board only)
  • Once completed, *** (***********) to call for his inspection - done

   

  Tuesday (occurred on Thursday)

  • Shaun to meet Plumbing inspector to finalize the following trades scope of work
    • Plumbing permit 

  3 outstanding items 

  i)                    backflow location is in the pool mech room but on the permit its on the main floor. Dispatch to update their permit 

  ii)                   Pool discharge pipe into the sani line needs to have 1 clearance around the pipe. Dispatch to modify their drain pipe

  iii)                 Revised energy report has not been updated on the plumbers inspection reports. Shaun to investigate with the city

  • Sprinkler permit

  Sprinkler escutcheon missing on laundry room ceiling (installed but I borrowed the one from the pool mech room). **********;to get a replacement asap

  • Heat Pump permit  approved & completed

  Next inspection to occur prior to the final inspection

   

  Wednesday

  • Shaun to meet with ****** (*******) and ******************* (Consultant and President of ******** ************** and review Pool room 

  Postponed - TBC

  • *****to obtain his schedule asap  ****** picked it up on Friday
  • *****to call for the final inspection  completed as per note above

   

  Thursday 

  • Shaun to meet with COV for the final inspection

  Completed and the following are the outstanding items:

  • Basement railing at exterior stairs needs match the front stairs (******* to complete ?)
  • Downspouts at the garage to be completed (*****)
  • Caulk around mechanical penetrations at the east side of the house (*****)
  • West deck stairs add paver underneath stair tread as they are not supported enough (*****)
  • Complete all trade final inspections
  • Provide all schedules
  •  
  • Shaun to provide schedules to ***** ************ for his review
    • Pool (obtained)
    • Arborist (obtained)
      • Need to finalize final install versus original concept that is on the plans
    • Structural (pending due to confusion between original schedule and final field review)
      • Includes stairs (*********), guardrails (**** ***), and roof (reviewed by consultant)
    • Geotechnical (obtained)
    • Mechanical (obtained)
    • Energy Consultant provide updated document and field reviews from Mid and ***** ****** Door tests. 
      • Issue with the city regarding approval not being in the plumbing depts inspection forms
    • Sprinkler System - 13D compliance that includes a signed and sealed sprinkler shop drawings - TBC

   

  Friday

  • *****to provide update for BBB and our client (today)

   

  Monday 

  • Shaun to follow up with the city in regards to revised energy report
  • Shaun to follow up with *********** regarding sprinkler info

  Friday

  • Dispatch to call for final plumbing inspection (*only if energy report is resolved)

  Saturday 

  • Shaun to fix intello in pool mech room and re-install plywood & complete adjustments for final inspection
  • Shaun to provide update

  Monday (holiday)

  Tuesday

  • Shaun to pick up misc schedules and meet with **** to turn over all the required documents
  • Shaun & Dispatch complete final plumbing and sprinkler inspection

   

  As per previous update, here are the list of notes 

  • Scope of work: 
    • Sidewalk completed
    • Pool outstanding items are:
      • Pool cover (completed)
      • Mechanical review and official start-up (this week)
      • Pool Ceiling (completed)

  Shower trim installed

  • Handrails changed to ensure compliancy 
  • Other adjustments/deficiencies will be discussed and finalized with the homeowners once the Occupancy Permit is obtained.

   

  November 6^th, 2023

  Monday 

  • Shaun and Nic (***) to install drywall on the ceiling in the two mech rooms  completed (board only)
  • Once completed, *** (***********) to call for his inspection - done

   

  Tuesday (occurred on Thursday)

  • Shaun to meet Plumbing inspector to finalize the following trades scope of work
    • Plumbing permit 

  3 outstanding items 

  i)                    backflow location is in the pool mech room but on the permit its on the main floor. Dispatch to update their permit 

  ii)                   Pool discharge pipe into the sani line needs to have 1 clearance around the pipe. Dispatch to modify their drain pipe

  iii)                 Revised energy report has not been updated on the plumbers inspection reports. Shaun to investigate with the city

  • Sprinkler permit

  Sprinkler escutcheon missing on laundry room ceiling (installed but I borrowed the one from the pool mech room). Shaun to get a replacement asap

  • Heat Pump permit  approved & completed

  Next inspection to occur prior to the final inspection

   

  Wednesday

  • Shaun to meet with ****** (*******) and ******************* (Consultant and President of ******** ************** and review Pool room 

  Postponed - TBC

  • Shaun to obtain his schedule asap  ****** picked it up on Friday
  • Shaun to call for the final inspection  completed as per note above

   

  Thursday 

  • Shaun to meet with COV for the final inspection

  Completed and the following are the outstanding items:

  • Basement railing at exterior stairs needs match the front stairs (******* to complete ?)
  • Downspouts at the garage to be completed (*****)
  • Caulk around mechanical penetrations at the east side of the house (*****)
  • West deck stairs add paver underneath stair tread as they are not supported enough (*****)
  • Complete all trade final inspections
  • Provide all schedules
  •  
  • Shaun to provide schedules to ***** ************ for his review
    • Pool (obtained)
    • Arborist (obtained)
      • Need to finalize final install versus original concept that is on the plans
    • Structural (pending due to confusion between original schedule and final field review)
      • Includes stairs (*********), guardrails (**** ***), and roof (reviewed by consultant)
    • Geotechnical (obtained)
    • Mechanical (obtained)
    • Energy Consultant provide updated document and field reviews from Mid and ***** ****** Door tests. 
      • Issue with the city regarding approval not being in the plumbing depts inspection forms
    • Sprinkler System - 13D compliance that includes a signed and sealed sprinkler shop drawings - TBC

   

  Friday

  • Shaun to provide update for BBB and our client (today)

   

  Monday 

  • Shaun to follow up with the city in regards to revised energy report
  • Shaun to follow up with *********** regarding sprinkler info

  Friday

  • Dispatch to call for final plumbing inspection (*only if energy report is resolved)

  Saturday 

  • Shaun to fix intello in pool mech room and re-install plywood & complete adjustments for final inspection
  • Shaun to provide update

  Monday (holiday)

  Tuesday

  • Shaun to pick up misc schedules and meet with **** to turn over all the required documents
  • Shaun & Dispatch complete final plumbing and sprinkler inspection

   

  As per previous update, here are the list of notes 

  • Scope of work: 
    • Sidewalk completed
    • Pool outstanding items are:
      • Pool cover (completed)
      • Mechanical review and official start-up (this week)
      • Pool Ceiling (completed)

  Shower trim installed

  • Handrails changed to ensure compliancy 
  • Other adjustments/deficiencies will be discussed and finalized with the homeowners once the Occupancy Permit is obtained.

   

  November 13^th, 2023

   

  ******* replaced the handrail as required by the city. 

   

  November 15^th, 2023

   

  Once I receive the update from *****, I will pass it on.  Hopefully today.

   

  Thank you for your patience.  ******* and ****** are wonderful and we want this completed asap.

  Customer Answer

  Date: 18/11/2023

  
  Complaint: ********
  
  I am rejecting this response because in spite of these updates, we do not have occupancy permit and no timeline for occupancy permit. Occupancy permit is most urgent.  However, it is critical that this project completes including ALL deficiencies.  Builders own timeline for completion was in January 2023.  It is November 18, 2023.
  
  Sincerely,
  
  *********************