Complaints

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• Initial Complaint

  Date:03/11/2024

  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.

  From the desk of
  D***** *****
  
  
  
  March 11, 2024
  
  R**** *****
  Berry Construction and Restoration Inc.
  Lic#******
  **** ***** ***** Arroyo Grande, Ca 93420
  
  Dear R**** *****,
  This letter is to inform you that are withdrawing from the contract dated 10/23/23 at the 1*** ****** Codorniz, Nipomo project.
  This is due to the following reasons: discrepancy between your contract instructions to not provide you funds until “the start of repairs”, and the demand for the first draw of $15,372.33 prior to initiating any work; refusal to allow myself to pay for product directly; your refusal to provide a floor sample, as discussed and promised, to ensure the new flooring would match the original flooring; no work efforts started prior to 12/X/23 when I requested work pause until after the holiday.
  As well, your statements of “you need to trust me” and “you ask too many questions” did not invoke trust in our professional relationship and caused great concern by myself and family. I am requesting refund of the $1,000 down payment provided to you on 10/24/23.
  Sincerely,
  
  D***** *****
  Cc:Better Business Bureau
  Cc: State Licensing Board
  Cc: Chamber of Commerce
  1080 Camino Codorniz, Nipomo Ca 93444 ###-###-#### ***********@gmail.com

  Business Response

  Date: 03/22/2024

  This response is in reference to the complaint by D***** ***** Dated 3/11/24. 
  
  
  Mrs. S**** states in the 3/11/24 email to the BBB that she is cancelling or withdrawing from the contract signed with Berry Construction on 10/24/23. (Please note that the email from the BBB was my first notice of this cancellation from Mrs. S****)
  
  Mrs. S**** states her reason for the cancellation is due to what she considers a discrepancy between the contract instruction not to provide funds until "start of repair".
  
  
  After I received the signed contract I then negotiated for the initial scope of repairs with the insurance company. The insurance company sent out a check for the initial amount. Once Mrs S**** received that check I requested the first draw which was considered ( Start of repairs ). That would purchase the materials needed including approximately 240sf of  flooring, 770lf of 6" baseboard and materials for the finish of the entire wood floor. approximately 3200sf. 
  When I requested the draw the first time she said that she had misplaced the payment from the insurance company. I then requested that payment two more times so that we could start the project. Then she requested that we not start the repairs until after the holidays. I said that would be fine, but the flooring material takes at least three weeks to acclimate. And we were not sure how long it would take to receive the materials.
  
  
  At my first meeting with Mrs. S****. Prior to a contract being drawn up we discussed the process of her repair. I explained to her the process of an insurance covered loss. This explanation included my role from scoping the repairs to negotiating with the insurance adjuster/company, to performing the repairs. I also explained to her the payment process including the draw schedule and the fact that I require a $1000.00 deposit that rolls back into the repairs so long as Berry Construction was performing the repairs. I explained to her that if after the negotiation with the insurance company for the initial scope is complete, she decides to go a different direction,  have another company perform the repairs Berry construction keeps the $1000.00 for work completed. I.E.  meetings, scoping and preparing a repair estimate, and the negotiation with the insurance co. 
  
  
  
  Due to Mrs. S****'s hesitation to pay the first draw, when I heard(second hand) she had started repairs with someone else I decided to consider the $1000 payment good for work performed and not move forward with collection of what was owed on the signed contract.
  
  The following is number 17 on my contract. Please note that Mrs. S****'s contract would relate to letter A. 
  
  
  17. Contract Cancellation:  In the event that the Contract Signer/Owner decides to cancel the above contract with Berry Construction & Restoration, Inc., the Owner agrees to pay the following fee:
  
  Insurance related Contracts will be charged the greater of either $1,500.00 or 20% of the Contract total.
  Non-Insurance related Contracts will be charged a flat fee of $1,000.00 for man-hours put forth and the creation of the estimate and all other applicable forms and documents.  
  
  
  as you can see the customer would owe Berry Construction $1500.00 or 20% of the negotiated total. I feel that Berry Construction has been more than fair to Mrs. S****. 
  
  
  
   My office prepared the contract as we always do. I made an appointment with Mrs. S**** to review the contract. At that meeting we reviewed the contract including the draw schedule. After an hour-long meeting Mrs. S**** requested that she have  time to review the contract. I agreed. The following day Mrs. S**** signed and returned the contract. Along with a check for $1000.00.
  
  
  Mrs. S**** stated that I demanded the payment. This statement was not true. But I did remind her on several instances that the flooring would need to acclimate prior to the installation. 
  
  
  Mrs. S**** stated that I would not let her purchase her own materials. Mrs S**** knew that my scope of repairs included all materials and labor to return her property to a pre-loss condition.  
  
  
  When I met with Mrs S**** and the flooring professional to look at the floor Mrs S**** stated that the original flooring was discontinued. At that point we discussed that we could get the same species of wood. However due to the fact that the wood may come from another area of the world a 100% match could not be guaranteed. At that point we discussed the fact that if the new flooring did not match 100% we could remove some of the original flooring in an area such as the closet and lace that into the damaged area. Using the new flooring in the closet area where it would be less conspicuous. Mrs. S**** said she would be fine with that .
  
  Mrs. S**** did request a sample. I explained to her what the flooring professional told me. He said that a small sample of the new flooring would not properly represent what she had. Due to the fact that the original flooring  has a finish on it and it being natural wood, there are many characteristics and colors that could not be represented in a small sample. 
  
  Mrs. S****s statement that I said she needed to trust me. That was taken out of context. I did state to her that she needed to trust that we could get the home back to a pre-loss condition.
   
  
  I never stated that she asked too many questions. As a matter of fact I always encourage customers to ask questions so they have clarity of the process.
  
  
  In closing I would like to say that I have been in business for many years. And prior to starting my own company I worked for other companies that do the same kind of work. I have over 30 years of experience dealing in this industry. And I take pride in the fact that I have the ability to help people deal with a situation that most people will only experience once in a lifetime. I feel that because of my unique experience and the fact that I deal with this on a daily basis helps the customer navigate an experience that was not planned and they did not ask for.  
  
  Thank You,
  
  R**** *****

  Berry Construction & Restoration, Inc.