Complaints

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• Initial Complaint

  Date:08/25/2022

  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.

  On April 12th of 2021, we hired a private adjuster to represent us on behalf of getting our house rebuilt due to a housefire. The CG Claims groups recommended D2 Structures to rebuild our house. Throughout the entire rebuild we were stuck in ********* trying to work with the project team on the reconstruction of our house. We were back in the USA on Nov 2021 to be able to do one walk-through and we pointed out via a "punch list" some of the outstanding construction issues we observed. On Dec 11th we were told our friends could move into the house. We once again pointed out some of the concerns we found during our walk-through but were reassured that we are now in the warranty period once the house becomes occupied and we had one year from the date of occupancy to get any outstanding issues resolved. Now we have moved back to the USA and are back in our house and though they have made one visit a few months ago to address a few items, there are still outstanding concerns that we believe should be covered under the warranty we were promised. During the entire construction process, my husband and I were taken advantage of and some of the choices we asked for during the construction process were ignored. Now that we are back in the house, we are asking them to fix the items we have pointed out again and again. The owner just refuses and though we pointed out to him that we were promised a one-year warranty, we have heard nothing from him. Our next step might be getting an attorney to represent us, but we really just want him to fix the items that we have pointed out to him.

  Business Response

  Date: 09/12/2022

  D2 Structures LLC (D2) did provide general contracting services to repair this home, which was done not only in good faith, but with good quality.  The overall damage to the home was pervasive due to the recent fire event; D2 was the second General Contractor (GC) to perform restoration work on this home and we were under a contract (with the homeowners) with an agreed-upon scope of work that the homeowner's insurance carrier completed.  While the homeowners were overseas, a local owner's representative was present during the construction; additionally, the homeowners were able to view the Daily Field Reports and photographs of the progress during the reconstruction efforts via a third-party program that was accessible over the internet.  While these homeowners were Stateside in November 2021, they provided a punchlist of items to be corrected  Among these were the dissatisfaction with the deck planking at the backyard deck, which was completed with pressure-treated planks, as specified in the mutually-agreed upon scope of work.  Instead, these homeowners then asked for Cedar planking to be installed, which they stipulated had been originally installed.  Since D2 never observed his backyard deck (it was demolished prior to our mobilization to this site), D2 nevertheless agreed to removed the pressure-treated planking and installed Ceder planking at our cost, i.e. with no cost to the homeowners.  Subsequently, we started the punchlist items and then completed these items to the homeowners / owner's representative prior to a tenant occupying the space.  

  D2 was then made aware of additional punchlist items from the owner nearly four months after the space was occupied with a note at the bottom of the list that states "This should not be considered a complete list of items."  Since the homeowner has stipulated that these are additional punchlist items - provided after occupancy occurred - we at D2 do not believe that we are contractually obligated to perform these tasks.  Additionally, the homeowners have called these punchlist items a part of our warranty.  By definition, additional punchlist items after occupancy are considered 'incidental or consequential damages' and are therefore specifically excluded from our warranty as noted in our contract with the homeowners. 

  Not only was this punchlist provided after occupancy of the home, but also these items - as noted by the homeowners themselves - represents incidental or consequential damages that are specifically excluded from our warranty as noted in the contract with these homeowners.  As such, D2 does not have any contractual obligation to perform work at this house after it was occupied.  Nor should D2 be asked to perform non-obligatory tasks from a list that appears to be ever expanding in its nature.

  We reference the attached photographs of the completed project as part of this response.
  

  Customer Answer

  Date: 09/18/2022

   
  Complaint: 17747177
  
  I am rejecting this response because:

  Complaint:17747177
  
  I am rejecting this response because:
  I do want to point out that ************************* is no longer with D2, but still represented D2s interest.  I dont believe ********************************* has ever seen D2s work (before or after) the re-construction of our house.  The items we are pointing out were some of the same items that we wanted addressed back in January, but ************************* said they were no longer punch list items, but now warranty items.  His words and whatever the terminology, we are willing to move past some of the items that we deemed sub-par installation or construction.  We only had ONE walk-through of our house because of my assigned/tour and job in *********.  The *** they are referring to, was only a financial POA to ensure that D2 and the private adjuster we used, got paid in a timely manner.  
  Since D2 pointed out they rebuilt the deck because they didn't know it had been cedar, I am including an email from State Farm that adjusted their estimate to include the cost.  What D2 fails to mention is that I uploaded numerous pictures of our house before and after the fire to the BuilderTrend website that we were asked to use.  In emails sent, D2 acknowledges the pics and even thanks us for doing that so they can see how the house once looked.  From the emails below, we asked for the entire upstairs to be laminate (they put carpet in the bedrooms), to the installation of the fire place tile, and the deck, it appears they never once reference the pics to see how we would have wanted these three areas constructed.  I am also including the assessment of a private home inspection we paid for because we were not there to do anymore walk-throughs.  We feel that we were taken advantage of, and decisions were made for us without consultation.  We were told to trust them numerous times and they even threatened a lien if we didnt pay off the balance.  We paid off the balance owed and trusted D2 to make good on their commitments.
  Our warranty list (which is what D2 calls this, according to an email on Jan 26th)are a few things that a handyman could fix and address in one or two working days.  I am including the pics but the emails I am referring to will be added to this email at the bottom, since I can only add four attachments.  Our next step if this is not resolved is to seek legal representation.
  
  Sincerely,
  
  *****************************
  Warranty Work
  Thu,Feb 17, 2022 9:13 am
   **********************;**********************
  To Suzanne *****************, ************************* *************************
  Cc ******************;*****************, ****************************;*****************
  ***** & *******
  
  We have the warranty work set on our calendar for the middle of March.  The intent is to not annoy your tenants too much, and get it done in one set of visits (rather than showing up every couple days).  Were currently waiting on a couple items to be shipped in and had to work out a couple calendars of the subs performing the work.  Well keep you informed, and well give the tenants enough notice once we nail down the day(s).
  
  
  
  Kind Regards,
  
  *************************, Project Director
  D2 Structures, LLC
  
  Mobile: *************
  Web: www.d2str.com
  Email:  ******************
  10499 *******************************************************************************************: Spreadsheet - 1/24/22
  Wed,Jan 26, 2022 2:15 pm
   **********************;**********************
  To ***************************;*****************
  Cc ************************* *************************
  The missing items such as the temporary fence and medicine cabinet dollars were used to offset the cost of your public adjuster.  We had a conversation in the very beginning that we could assist you in paying for ***** if there was enough money in the claim to do so.  I also remember ***** reducing his fee to help offset his costs to fit more into this scenario for you.
  
  The punch list youve sent over is warranty work.  Per our contract, our warranty period starts at the date of final payment.  We want to fix these things and we will take care of everything we have the ability to do, but we must focus on getting the billing corrected so that we can take these next steps with you.
  
  
  
  Kind Regards,
  
  *************************, Project Director
  D2 Structures, LLC
  
  Mobile: *************
  Web: www.d2str.com
  Email:  ******************
  10499 ******************************************************************************* 80127
  ***Please note the new address***
  From: HOME CLMS-FIRECLAIMS <*********************************>
  Date: Monday, December 27, 2021 at 2:42 PM
  To: "******************"<******************>,********************* <********************************************;
  Subject: 0613P563F
  
  **** and *****,
  
  I made the changes to the estimate that we agreed upon for Reinier.  Just a couple notes.  I checked the inspection video and confirmed there was laminate on the basement bathroom floor not ceramic tile.  There was no door opening on the closet doors in the bedrooms but only a 5 foot casing that I added to the estimate.  I changed the deck material to cedar and there was a net increase for the cedar except for the stair treads, risers and skirt so I left them as is.  Review the revised estimate and let me know your thoughts or if I forgot anything.  Thanks.
  
  *******************************
  Claim ********************************** Companies
  ************
  
  
  Call recap
  Mon,Aug 9, 2021 7:32 am
   **********************;**********************
  To Suzanne *****************, ************************* *************************
  Cc ******************;*****************
  ******* and *****
  
  Thank you for taking the time to chat with me on Saturday!  This email recaps what we discussed and will serve as authorization to proceed.  Ill put together another change order later this week combining anything else that arises.
  
  Confirm these, let me know if youd like to make changes or additions.
  Fence dividing the front gravel area in the back yard to the grassy area is ok to remove.
  Bottom of stairs was a deck that sat on top of the cement pad.  You are ok with the current layout.  If we can put a deck there, that would be great, but we can use our judgement to make that look and act right including removing the stones (pavers) at the west side of the cement pad.
  Install a plug in the middle of the lower deck to provide power. 
  Install a plug and switch on the shelf above the hallway upstairs.
  Four cans in the master bedroom in a square configuration with a ceiling fan in the center (ceiling fan type/model tbd).
  Four cans in the den in a square configuration with a ceiling fan in the center (ceiling fan type/model tbd).
  Four cans in the kitchen (three down the center and one above the sink) to replace the lighting that was existing.
  Baluster on the top knee wall to go back with what was there originally - Stained.
  Handrails will be stained same color as the baluster.
  Want options on the fireplace surround (tile, slate, etc.).
  Were working on an appliance package for you.
  You are working on choosing a couple of granite options from the website that I sent you.
  I think you guys flipped on the skylight thing.  I sent an earlier email that blinds built into the skylight would be an additional $1,200.  Or we could find a set of blinds that hang below the skylight.  Ill need a decision on this pretty quickly. 
  We are working on getting the staircase approved by the insurance company.  ***** is working on a code analysis which I hope to send in this week.
  
  Flooring You will find some samples online and send them to us and well have our flooring guy match those to what he can offer/supply:
  Carpet All of downstairs.
  Tile Both bathrooms.
  LVP Rest of house, including kitchen and entry.
  
  I think I got it all.  What did I miss?
  
  
  Kind Regards,
  
  *************************, Project Director
  D2 Structures, LLC
  
  Mobile: *************
  Web: www.d2str.com
  Email:  ******************
  10394 *********************************************************************** 80127
  
  
  Sincerely,
  
  *****************************