Complaints

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• Initial Complaint

  Date:06/11/2022

  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.

  Date of transaction: Sept 16, 2022
  Amount of money paid to the business: $5800
  Business committed to:
  1. Excavation and disposal of soft area to a depth of 8”- done
  2. Application of woven fabric to bottom and sides- done
  3. Backfill using granular A and compact- incomplete
  4. Ensure proper grading and slope away from house- incomplete
  5. Supply of Raffinato step units in onyx black- done
  6. Installation of Raffinato step units- not done
  7. Create a 2 layer retaining wall across back of driveway to front right corner- not done
  8. Build a single 42”wide, 7”rise at front right corner of house- not done
  
  Work started on week of Oct 24 after the contractor used very aggressive language on the phone for being asked when the work will start, though the date he had committed to finish the work was Oct 18, 2022.
  
  It was already agreed that the ***** charger that was being excavated on the site will be replaced and that we will let him know if the position had to be changed. He had told me earlier that he does not like being micromanaged, so we waited for him to let us know when he would be ready to get the position details from us.
  When we saw at the end of 3 workdays that the ground had been levelled, we asked him to talk to us. At this meeting, he started yelling at us with “don’t treat me like a child”, Ï don’t play games”, ïts not my job to do it”and then he started being abusive and said, “keep your *…husband away from me”. To that I asked him to calm down and he replied that he wont but then said “give me $1000 more and I will stay or I am leaving”. Then he picked up the material he had brough that day and left, saying “ïts 3 strikes now”.
  
  The business has not contacted us and its been 5 days, so we do not expect him to resolve it because we have paid him almost 70% of the money. ***** *** *****

  Business Response

  Date: 23/11/2022

  Agreement signed on September 16, 2022 inclusive of the signed and dated General Terms, Conditions and Guarantee which states that "All work is weather permitting", and that Frederick-Moyes Construction Inc is not responsible for delays which are out if its control, in this case the weather.  In the final 2 weeks of September 2022 we received 10 days of rainy weather which in turn caused scheduling delays, the customer was aware of this and it was also explained again 2-3 times prior to arriving to commence the work.  The last time I told the customer that if she didn't believe we would commence and complete the work that I would refund her deposit of $5,800.00, just less than the required initial deposit of 65% required in order to book the work, order the materials and complete the preparations.  To simply for obvious reasons another instalment of 25% is due before the installation of the products which include the final grading prior to the final positioning of the products. This is the additional money I was requesting and to which she was well aware needed to be paid before continuing the work, which was explained at the time of the agreement signing on September 16, 2022 and on the Friday at the end of the day.  

  That Friday evening, I also let the customers know that it would be time to move the ***** charger, the customers where aware all along that this is their responsibility to move and relocated if required inclusive of any permits and services which may be required by a licensed electrician as Frederick-Moyes Construction Inc is not.  They said okay we will figure it out and it will be taken care of over the weekend ready for Monday morning for when you return.  This was not the case Monday morning... while I was off site at a meeting the customers approached my workers inquiring about the ***** charger to which my workers advised to talk to me once I returned.  When I returned my workers notified me of this inquiry so I knocked on the door to let the customers know that I've returned.  I asked about the ***** charger being moved to which they responded that it was my responsibility to move and relocated the charger.  I was quite surprised to hear this as they clearly know that they are responsible for this and committed to having it completed over the weekend.  Once I said we were not continuing until this was done Mr Customer started getting louder using hand jesters towards me to which I stated, " I'm not a child and refuse to be treated like one and I don't play these games", and then I instructed my workers to start packing up that we were leaving.  While we were packing up Mrs Customer kept following me around asking me to stay..., it's been about 10-15 mins of this so I finally reminded her about the next instalment due and her response was "I don't have it".  So I replied " Well you have until we're packed up to organize the next payment or we're done... She refused and went into her house, we finished packing up and left leaving the materials on her property.

  As per the attached signed agreement and the Term and Conditions, A) Frederick-Moyes Construction Inc never committed to any electrical services or the relocating of the ***** charger, and it wouldn't make sense to as Frederick-Moyes Construction Inc is not a licensed electrical contractor.  B)  The services and commitments for the initial deposit was satisfied.  C)  The customers are fully aware of the scope of work inclusive of the payment schedule and were negligent in this regard causing further delays resulting in breach of contract. 

  In conclusion Frederick-Moyes Construction Inc will not be considering any refund as the $5,800.00 deposit was satisfied, but is considering pursuing additional charges for the delays cause by the customers in which they had full understanding and control that it was they're responsibility regarding the ***** charger.

   

  Regards,

   

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