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:06/20/2023

  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.

  A New Day Construction (****)had sent his salesperson to come out an do an estimate for a new deck on May 1, 2023. On May 03, 2023 an estimate was given for $28.875 and would be valid for 30 days. On May 22, 2023 his project manager was suppose to show up at 9 am. but did not show up at the proposed time and made no contact he would be late or why. I contacted **** and asked why his project manager never showed. The excuse was that his project manager got his projects mixed up and could show up four hours later. Another Date of May 30, 2023 was to have his project manager show up at 10am. May 30, 2023 his project manager showed up to discuss changes that needed to be done. A concrete pad was not measured correctly & that concrete footers would be needed to add 2 more 12 ft pillars. The original curved part of the deck could not be accomplished due to the size. The front porch was mis-measured required more concrete & a small retaining wall. I reached out to **** June 8, 2023 to see where the new estimate was located 9 days after the lat visit Prior no contact by A New Day Construction to the Addendum, change of original plans, or any real start date.On June 19, ********************************* to say they were going to be dropping off lumber June 20, 2023 & the crew would be coming to my house between 6 or 8 am. I explained I had not heard anything for almost two weeks & that I had not received a new addendum for the changes. I cancelled the project since communication is non existent at this company. Since this point owner has harassed & threaten me with legal action. Throughout the entire process I had not paid any money to **** or any representative of ****. His business model and ******* channel states that he does not take any money up front and only gets paid once the job is 100% complete and to the customers satisfaction. I feel ***** and his company are trying to scam money for materials and labor that are not to be performed.

  

  Business Response

  Date: 07/03/2023

  *Our response is broken down to each point in ******************** complaint identified with a number and "Response".

   

  A New Day Construction (****)had sent his salesperson to come out an do an estimate for a new deck on May 1, 2023. 
  1. Response:  Yes, the estimate was issued to **************** on May 1st and he signed the contract on May 3rd to move forward with the project.  
  On May 03, 2023 an estimate was given for $28.875 and would be valid for 30 days. On May 22, 2023 his project manager was suppose to show up at 9 am. but did not show up at the proposed time and made no contact he would be late or why. I contacted **** and asked why his project manager never showed. The excuse was that his project manager got his projects mixed up and could show up four hours later.
  2. Response: The "valid for 30 days" wording on our estimates is defined as follows:  As an estimate, we guarantee the price for 30 days or until signed, whichever comes first.  Once the estimate is signed within the 30 days, it becomes a contract and we honor the price regardless of material costs increasing due to market value and the contract has no end date.  If the estimate is not signed within the 30 days, we adjust for any market value increases of materials.   Yes, our Project Manager was scheduled to make a visit on May 22nd.  Our ** was already at another jobsite an hour and a half away and left **************** a message to let him know that he would be late.  It was learned after **************** had contacted us about why the ** was not there yet, that our ** had messaged the wrong number.  We apologized for the situation and our ** met with him that afternoon. 
   Another Date of May 30, 2023 was to have his project manager show up at 10am. May 30, 2023 his project manager showed up to discuss changes that needed to be done. A concrete pad was not measured correctly & that concrete footers would be needed to add 2 more 12 ft pillars. 
  3. Response:  Yes, changes were discussed about the concrete. It was agreed  by both A New Day and **************** that the concrete pad under the deck would not be done and changes were also made to the front deck/concrete and **************** understood that we would make the monetary credit adjustments to the already signed Contract.  This type of change to a contract in construction is known as a "Change Order" and could occur in any contract with the clients permission.  
  The original curved part of the deck could not be accomplished due to the size.
  4. Response:  Yes, In the estimate, we agreed to a "curved or bowed overhang on the back deck" which was discussed and concluded that this could not be done and **************** agreed that we would do an angle, like a bay window, instead.  
  
   The front porch was mis-measured required more concrete & a small retaining wall.
   I reached out to **** June 8, 2023 to see where the new estimate was located 9 days after the lat visit Prior no contact by A New Day Construction to the Addendum, change of original plans, or any real start date. 
  5. Response:  We did speak with **************** on June 8th.  He was told that we would be working on all the changes we had previously discussed and add these changes as "change orders" to the already signed Contract.  We also discussed a tentative start date of "after June 15th or the week of June 17th" as per his request due to not having funding until AFTER this date.  These dates are also stated under the "Special Instructions" portion of the contract.  We were waiting on confirmation whether or not he had funding, but did not receive it as of the 15th, 16th or 17th.  
  On June 19, ********************************* to say they were going to be dropping off lumber June 20, 2023 & the crew would be coming to my house between 6 or 8 am. I explained I had not heard anything for almost two weeks & that I had not received a new addendum for the changes. I cancelled the project since communication is non existent at this company. Since this point owner has harassed & threaten me with legal action. 
  6. Response: Yes, we called **************** on Monday, June 19th to see if we could drop off materials the next day, Tuesday, June 20th.  We were still working on change orders at this time.  He told us that he wanted to halt the job due to "no communication".  The last phone discussion up to this point was 7 business days prior on June 8th.  As stated above, we were waiting on confirmation of his funding.  
  Throughout the entire process I had not paid any money to **** or any representative of ****. His business model and ******* channel states that he does not take any money up front and only gets paid once the job is 100% complete and to the customers satisfaction. I feel ***** and his company are trying to scam money for materials and labor that are not to be performed.
  7:  Response: The first portion of the above statement is correct in that we accepted no money from *****************  This is true with ALL of our contracts.  We do not take deposits unless it is for special order materials.  Also, as stated in our contract,  weekly draws are taken based on work progression of that week.  **************** himself said above that he has not paid any money, nor have we asked for any money from him.  
  As of June 22nd, we have filed a Civil Suit against **************** for Default of Contract.  This is not an attempt to obtain money that we do not deserve.  ******** consulting with potential customers in order to provide an estimate is free, there is a lot of time put forth in the process.  In the contract in which **************** signed, it states that if the homeowner defaults on this contract, $1200 or 25% whichever is greater will be considered liquidated damages and owed to the contractor.  
  In conclusion,  we have an established business with a very good reputation with lots of 5 star reviews and repeat business.  We are located in town with a showroom and are rooted within the community.  We stand by our work with a 3 year warranty on workmanship and taking care of our customers is our top priority.  With this said, we are in no way, shape or form a company that will scam customers for material or labor not performed.  

  
  Side note:  We received an email from the BBB on June 28th that said it was the second attempt to notify us about this complaint, when in fact, it was the first email from them.  We then received a letter in the mail on Wednesday, June 28th.  We take things like this very seriously and would have responded much quicker if we had known sooner.  ******** the complaint from **************** was received on June 20th by the BBB, we filed the civil suit before knowing about the complaint and should not be regarded as an attempt to retaliate in the form of legal action. 
  

  
  

  Customer Answer

  Date: 07/05/2023

   
  Complaint: 20210612
  
  I am rejecting this response because:

  I expect this type of response from A New Day Construction.  This is exactly the type of run around, lies and deception that this company has proven to us.  And with all the work changes they estimated and could not perform, they provided no addendum and updated price.  Just a lawsuit against me in the Jackson County Courthouse for services not performed.  

  
  Sincerely,
  
  *************************

  

  Business Response

  Date: 07/11/2023

  Mr. ******* second response: 
  I am rejecting this response because:
   I expect this type of response from A New Day Construction.  This is exactly the type of run around, lies and deception that this company has proven to us.  
  Our Response:  We are, by no means, lying, being deceptive or giving **************** the runaround.  We have been in business for a little over four years and have completed 539 jobs during this time.  Our website shows a 4.8 star rating with very good reviews.  Fortunately, we have only had to pursue legal action for ONE of those jobs, the outcome of which was completely amicable and fair.  On June 19th, as stated in our initial response, we tried to contact **************** to discuss the situation by text and he immediately shut us down.  We were just trying to have a conversation with him about the things he was upset with and if he could not discuss it with us, then we would have no other choice but to file a civil suit.  Mr. ******* response was that he would see us in court.  (screenshots of text exchange 1 are between *********************** and **************** after **************** responded to our project coordinator about not bothering to deliver materials and text exchange 2 is of our project coordinator letting **************** know about the delivery)  
   And with all the work changes they estimated and could not perform, they provided no addendum and updated price.  Just a lawsuit against me in the Jackson County Courthouse for services not performed.  
  Our Response:  This point was discussed in the initial response.  The change orders (addendums) were being worked on that week while we were prepping for the job and delivering materials and would have been finished and sent to **************** BEFORE we actually started on the job.  Change orders are a big part of construction and are done quite often during contracted jobs.  Again, **************** refused to discuss anything with us. 
  In closing,  we do not wish to have any client/company relationship end in this manner.  We do all we can to ensure that all of our customers are happy with everything, even if it means losing money on our part to do so.  If given the opportunity, we would have done the same for *****************  
  
  

  Customer Answer

  Date: 07/21/2023

   
  Complaint: 20210612
  
  I am rejecting this response because:

  
  Good Morning:
  
  Due to a situation beyond my control my response was not inputted to the BBB.  I reject A New Day Construction response due to the lack of facts **************** stated.  **************** filed a case with the ******************************, case number MV-23-1079.  I filed a counter complaint with proof that A New Day Construction defaulted on the original estimate and could not build the original agreed Deck and Front Porch.  All records are public with the mentioned case. Enclosed are the files and written documentation I submitted to the court to include my counter complaint.  I have highlighted all areas mentioned in my counter complaint.  As you will see ****************** previous answers leave out key details and lack of facts. And his plan was to just wing the project as work was going on, without providing a new plan, estimate, or any idea as to what the workers would be performing.  
  
  ****************** estimate has a clause that both parties need to agree to an amendment to the original estimate, again these items are highlighted.  Since his company could not perform nor build what the estimate originally was for he defaulted on his own contract.  Again no services nor money was exchanged.  
  
  I am standing by my original complaint and believe that his company is committing fraud and he is looking to collect on money for no services performed.  I also believe an. Investigation as to who Mr. *********************** is since he is on the contracting license and not **************** (this license was provided by **************** in his original estimate).
  
  Please feel free to contact me and I will be more than happy to discuss with the Better Business Bureau any questions they require.

  Sincerely,
  
  *************************

  Customer Answer

  Date: 07/26/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, , and find that Mediation is necessary.

  Regards,

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

  

  Business Response

  Date: 07/26/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, , and find that Mediation is necessary.

  Regards,

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