Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:07/25/2024

  Type:Order Issues
  Status:

  ResolvedMore 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.

  Breach of contract, the work was not performed correctly, and numerous problems have occurred with both the contractor and subcontractors. As a result, I have experienced significant losses, including loss of a kitchen, material, wages, money, and time. Additionally, I have endured considerable hardship and stress due to the damages and lack of professionalism demonstrated throughout this project.For a detailed account of these issues, please refer to the attached Complaint, Declaration, and Exhibits.I am seeking mediation as the first step towards resolving these matters. Should mediation fail to provide a satisfactory resolution, I will pursue arbitration. Thank you.

  

  Business Response

  Date: 08/09/2024

  From: A. Tamam Construction <****************************************>
  Sent: Thursday, August 8, 2024 6:57 PM
  To: ************ href="mailto:************************************" target="_blank">************************************>
  Subject: A Tamam Construction *****************************

   

  Hi ********, 

  I just received the notice and I am requesting 10 Days from the date of this email to file a formal response. I appreciate your help in this matter 

   

  --

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

  Office Manager

  A. TAMAM CONSTRUCTION, INC.

  *********************,

  *******, CA 94538

  Office: ************** Ext #1 

  Fax: **************

  Email: a***************************************

  Web: www.ataconstructioninc.com

  Customer Answer

  Date: 08/09/2024

  Hi ********,

  Thank you for your question and notification.  No, this matter has not been filed in court or for arbitration.  Per the contract I signed with A Tamam if there is a dispute we are to begin with mediation and if need be, follow with arbitration.  As far as my understanding with the contract, I cannot file my complaint with Superior Court.  

  Thank you for the notification re compensatory/punitive damages.  We can strike that from my complaint. Do I need to re-file? Also, does this mean I cannot ask for reimbursement of material that was bought my myself, used by the company, and ruined or broke?  
  

  Thank you again for the note and clarification. Please let me know if there is anything else I can answer.  

  Customer Answer

  Date: 08/09/2024

  Thank you for letting me know.  

  

  Business Response

  Date: 08/23/2024

  Better Business Bureau, Inc.
  Serving the ***************** Area and ***************************
  **** *** ***
  *********************
  
  Re:      ID No. ********
  
  To Whom It May Concern:
  
  The customer is the homeowner who executed a home improvement contract on April ******* with A Tamam Construction, Inc.  (A Tamam) for remodel work in her home including updating and refinishing the kitchen and kitchen cabinets. The contract did not call for a complete remodel of the kitchen.  The right to cancel period has run.  In addition, two change orders were executed totaling a contract amount of $32,750. 
  
  A Tamam began work with demolition and other construction items.  A Tamam hired a licensed subcontractor to perform the demolition and remodel work.  The customer has paid to date a total of $17,000 but has not paid for the initial tile work done or sanding that was completed. 
  
  The customer contacted the office mainly because of communication issues with the project manager and complaints regarding some of the subcontractors work related to the cabinets.  A Tamam asked for different employees from the subcontractor to make any repairs necessary and continue to completion.
  
  The customer was still not happy.  A review of the customers Declaration shows that there are really no material construction defects.  The work is unfinished due to the customer stopping work.  There are some minor issues with cabinet doors and painting that are easily repairable.
  
  Important to this issue is that the contract is for a refacing/painting of the cabinets and installation of new countertop and not a major remodel of the existing kitchen.
  
  A Tamam has offered to re-contract with an entirely different subcontractor to come in and make any minor repairs, repaint as necessary and complete the work.  The customer has refused and demands all money paid to A Tamam back.  There is still a balance owed of $15,750 on the remaining balance of the contract of $32,750.  The cost to complete the project will be covered by the remaining amount.
  
  A Tamam simply requests that it be allowed to retain a subcontractor that the customer can approve to perform repairs at A Tamams cost and complete the project of which the customer would be required to pay the balance of the contract upon completion of the progress items.
  
                                                              Very truly yours,
  
                                                              ******* ****** *** *****
  
  
                                                              /s/**************** **********;                                                                                                              
                                                              **************************

  Customer Answer

  Date: 08/24/2024

  
  Complaint: ********
  
  I am rejecting this response because of the below reasons.  Attached is a PDF of the letter and attachment:

  Re: ID No. ********
  
  To Whom It May Concern:

  I am writing to clarify that there is only one contract, and one change order associated with the project. Both documents were electronically signed and have been submitted with my exhibits.Should A Tamam insist that there are two change orders, I request that they provide a copy of the alleged second change order for my review.
  
  A Tamam did not hire licensed subcontractors as required by California law (Business and Professions Code *********), and the subcontractors they employed were not qualified to perform the work. A total of five individuals worked in my home. One of the men I never met or spoke to. Two of the men consistently performing most of the tasksone working on floor tiles and the other as a painter. All workers were unlicensed,and A Tamam had them work under their license, which is a potential violation of California Business and Professions Code 7114.
  
  These subcontractors were left unsupervised and did not possess the necessary skills to complete the contracted work adequately. Their work was inconsistent, and there was no clear schedule for their on-site presence. We were given vague assurances to trust the process, while our concerns and the errors were repeatedly ignored. I personally spoke with three of these workers, all of whom confirmed that they lacked the proper licenses and found communication with A ********************** to be difficult and confrontational. They informed me that they were instructed to perform tasks without proper guidance, with the implication that failure to comply would result in non-payment. This raises serious concerns about possible violations of labor laws and safety standards under California Labor Code 6400. This constitutes yet another violation of the contract.
  
  Furthermore, I requested that a portable toilet be provided for the subcontractors, as the project was expected to take two weeks. I was informed by A Tamam that they do not provide portable toilets for such projects, leaving the workers with unsanitary options. As a result, I felt compelled to allow them to use my home restroom, where my children were present, only to later discover that at least one of the workers had been drinking alcohol and using drugs on my property. This situation is deeply concerning and constitutes a breach of contract and negligence on the part of A Tamam.
  
  If A Tamam continues to assert that the subcontractors were licensed, I request documentation proving their licensure. The quality of work in my kitchen clearly indicates that the individuals involved were neither qualified nor adequately supervised.
  
  I initially reached out to A Tamam due to significant miscommunication with the Project Manager and multiple errors in the kitchen work. The final straw was the improper installation of floor tiles using the wrong mortar, which the subcontractors attempted to remedy by applying multiple layers of glue. By the following morning, the floor tiles had already begun to shift and crack. At this point, our cabinets had not even been fully worked on. The cabinets were disassembled, painted, and left in our garage without further attention, including the removal of all hardware.
  
  Additional errors and issues that prompted the initial call include:
  
  Inadequate demolition work
  Improper painting of the kitchen walls and cabinets
  Incorrect application of the backsplash
  Faulty installation of countertops and sink
  Lack of necessary sanding on new drywall
  Lack of care for new material I purchased
  Lack of care of clean-up
  Lack of ongoing and proper working hours
  Lack of communication
  
  The above-referenced brief statements effectively summarize the reason for stopping the work, as outlined in the previous communication and documentation submitted.Additionally, the following details further illustrate A Tamams breach of contract:
  
  A Tamam failed to complete the kitchen remodel by June 10, 2024, as stated by Project Manager.
  
  A Tamam failed to complete the Punch List according to the Contract and its Terms and Conditions without significant errors; including irreversible errors and failed to complete the scope of work outlined in the Contract and Change Order dated April 22, 2024, and April 30, 2024.
  
  A Tamam failed to complete the floor plan discussed with Project Manager.
  
  A Tamam failed to add the plans and specifications discussed with Project Manager by myself to the Agreement as part of the Terms and Conditions of the Contract.
  
  A Tamam failed to start the project diligently to work through to completion without delays as part of the Terms and Conditions of the Contract.
  
  A Tamam failed to hire licensed and qualified subcontractors as part of the Terms and Conditions of the Contract.
  
  A Tamam failed to provide the unlicensed unqualified subcontractors with a portable toilet or suitable sanitary options.
  
  A Tamam failed to perform clean-up at the site of construction as part of the Terms and Conditions of the Contract.
  
  Despite our initial complaint, we remained willing to work with A Tamam, believing that the issues could be resolved and the project completed correctly.Unfortunately, this did not happen. To prevent further damage and additional breaches of the contract, I had to stop the work. However, until this point, I upheld my obligations under the contract. Please see the details below:
  
  I performed all conditions, covenants, and promises requested by me under the Contract.
  
  I paid A Tamam $1,000 as an initial down payment on April 22, 2024, $8,000 on May 29, 2024, and again $8,000 on June 7, 2024, for a total of $17,000 in accordance with the payment schedule outlined in the Contract.
  
  I provided all material outside of the contract necessary to complete the kitchen remodel.
  
  I was willing and always available to speak with the Project Manager; to purchase additional material when needed; and to receive status updates from the Project Manager.
  
  I made all material accessible for the Project Manager to review and discuss when and if needed.
  
  I was available Monday - Friday at 7:00 a.m.-5:00 p.m. PT for work to commence at my home.
  
  I expressed my concerns over the project and its ongoing progress to the Project Manager through the first four weeks of the project.
  
  I attempted to collaborate with A Tamam after four weeks passed from the start of the date to no avail.
  
  I attempted to collaborate with A Tamam after five weeks from the start of the date to no avail.
  
  I attempted to resolve the issue outside of mediation and arbitration through settlement discussions. Please see the attached settlement discussions that took place after my complaint was filed with BBB for reference. The settlement offers presented to me were completely unreasonable and failed to address the primary issue: A Tamam breached the contract. Given the serious breaches outlined in this response letter, my declaration and exhibits submitted, and our efforts to make the agreement work, the settlement offer was neither reasonable nor fair.
  
  While A Tamams request to return and complete the work might seem reasonable,allowing them a third opportunity to work in our kitchen would be unreasonable.The owner of A Tamam has threatened us, accused us of wrongdoing, and stated that he would never have been able to make our kitchen look new. He even went as far as to say that he should never have taken the job because our kitchen is old. Given these admissions, it would be unwise to let them return to our kitchen to attempt what the owner himself has said he could not achieve.
  
  For these reasons, and due to the breach of contract by A Tamam, we again request a refund of the money we paid in good faith under the terms of the contract.
  
  Respectfully submitted,

  /s/ *****************************
  
  *****************************