Complaints

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• Initial Complaint

  Date:10/03/2022

  Type:Service or Repair 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.

  Work began at our home on July 5, 2022.
  We proceeded to work with******************* in the office located ******************************** *****. The name of this office is ***************.
  We made every decision about materials based on their recommendation and selection onsite. We picked out our slab from ********** and were told that we could not pay for the slabs because****** said.****** then said that he will not release the stone to us that we paid him for. One was a special ********** which was the inspiration for the entire kitchen.
  We paid 88% of the total project with no materials which we paid for in our home. Not one penny of the materials that we paid 100% of were in our home. The **** let us know that Except for a down payment, a contractor can't demand or accept payment for work or materials until the work is actually done or the materials are delivered. The down payment may not exceed $1,000 or 10 percent of the contract amount, whichever is less.
  We paid $ 192,490.77 between 5/2/22-7/18/22.
  We are asking for the return of our payments for all materials.
  We found faulty workmanship including backwards sheetrock, stucco, compromised header and framing, plumbing and other electrical issues confirmed by a licensed general contractor.
  I originally requested $120,590.05 for materials and rework ($112,190.05 materials) 8400 labor based on Mitchell's cost basis We also paid $20k for 10% profit and management fees
  We have an inspection coming up and worry that they did not pull the permit correctly as they would not provide us with a copy of it and told us that it was online. They also have a set of plans that may have the stamp from the permit office.
  We would now like all of our money plus losses we have taken from doing business with them including interest for ***** and stock sold to pay materials.
  We are asking for $160,000 be paid back to us. We have not gotten one thing that was promised including quality, answers or materials.
  

  Business Response

  Date: 02/02/2023

  Business Response /* (1000, 6, 2022/10/26) */
  Mitchell Development does not agree with the claim *********************************.
  1. Work began 7/8/22 not 7/5/22
  2. ******************************* is *************** retail showroom and warehouse. Mitchell Development shares the warehouse.
  4. Slabs were purchased through *************** store not Mitchell Development. ***** never denied pick up. ******** and **** have been notified to pick up their slabs at **********.
  5. Mitchell Development has only billed for work completed approximately 52% of contract. Mitchell Development never took money for materials that were not on site and or installed. The materials that ******** and **** are basing their claims on are all their product they ordered through a retail store, Not Mitchell Development.
  6. The faulty workmanship that ******** and **** claim have never been brought to the attention of Mitchell Development prior to this claim. To date No documentation has been delivered to Mitchell Development backing this claim.
  Mitchell Development had a scheduled inspection with the***************** for 10/21/22. Mitchell Development was not aware that ******** called and canceled the scheduled inception under Mitchell Developments name and rescheduled under her name for 10/11/22. The permit was paid for and issued to Mitchell Development. Mitchell Development was notified about this from the **************** inspection office by email on 10/12/22. There is no mention from the **************** in the inspection report of any corrections or defects.
  ******** and **** were given a copy of the permit that was pulled.
  
  
  Consumer Response /* (3000, 8, 2022/10/31) */
  (The consumer indicated he/she DID NOT accept the response from the business.)
  Start date was supposed to be 7/5/22 but when we texted that morning ***** informed us then that their flight had been changed and they would have to start a few days later.
  When we called **********, Lynn the manager informed us that ***** would not release the slabs to us even though we could prove that we paid for them. This is documented with **********. We have selected new slabs in light of *****'s refusal to provide them to us.
  The warehouse that Mitchell shares with *************** at ************* is owned by ******** *******, ******* ***** *******. materials were selected from both ***** and ******** and paid for well in advance of orders being placed. Cabinets were changed in September by ***** without discussing with us the homeowners and therefore were not ordered until a much later time after several discussions about the changes.
  on 9/23/22 ***** the superintendent informed us that the framing/header which was done by a 15 year old boy and his father for $4500 would have to be redone and that he discussed this with ***** already. We later found out that the header was warped and the structure around the header was not correctly in place to support the header.
  Also, ***** came to the house and made comments about painting the exterior of the house and correcting the framed in area around the window as the water would pool and cause issues later. The roof patch was not done correctly and materials were left on the roof. When ***** looked at the window he clearly saw that the stucco was not blending well with the rest of the house. They could not find a painter so they bought semi gloss paint which the superintendent and the two other workers painted and we paid for. Later we found out from the superintendent that ***** was trying to hide the fact that there was a fireplace because they did not get the permit for the removal of the chimney/fireplace. They got a minor kitchen remodel permit for electrical and plumbing only. The **************** From: *******************************************
  Date: October 12, 2022 at 1:34:50 PM PDT sent this email to ***** and ******** The field inspector has instructed the contractor, ***** *******, <*************************************************** to schedule a residential submittal appointment in the virtual permit center to obtain an alteration permit with city approved as-built plans and to open areas covered without inspection. Which we also forwarded to them both to let us know what they intended to do about this and they ignored our question.We also had asked for the permit to be posted at our home for which ******** and ***** replied on 9/29/22 "There is a permit on file based upon City guidelines."
  We have sent 3 requests for refund of $120,590.05 for materials, none of which are installed in the amount of over $112,000 as well as work correction costs which we believe to be fair. The latest request was sent via email and registered mail on 10/28/22
  We will continue to work towards this resolution until we have been reimbursed.
  Proof of faulty work and other violations have been submitted to the surety Claim **********************