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:03/15/2023

  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.

  Building a new house.Contracted Atlay ******* (Atlay Construction LLC) for drywall.Quote was $8,000 for material and $16,000 for labor.Schedule: 1 day to hang drywall and remainder of week to mud and tape.$8,000 paid up front.After the first meeting we had very limited verbal communication, extensive text messaging from me trying to get ahold of him. At no time did I see him on site during work. Everything I am stating below is in writing. And I have pictures of site conditions, blistered mud/tape, beer cans, etc..Communication below is from Feb. 20, 2023 - March 14, 2023 2/20- house ready for drywall.25-27-Delivery Scheduled. No deliveries take place.28-materials will be here this week and he will start work.Wants 2nd payment when hanging is finished.He is informed that I have a construction loan. Invoices are sent to the bank. Bank cuts checks 15th of the month and sends out with lien waiver.3/4 - Still no delivery. Says 3/7.3/7 -Drywall Delivery 3/8 - No show. Will be there 3/9.What day he will he be done? Says 3/17-18th, a week longer than originally promised.Time frame discussed.Hang drywall 3/9 Tape/mud 3/10 2nd coat 3/11-12th. to keep schedule.3/11- crumpled up beer cans all over, inside my house. Drywall scraps thrown against new steel siding house. Dust, debris, pop bottles swept into vents, hanging not complete, extensive cleaning to be done, including vents.He informs me his guys admit they are not doing a good job and they were drinking.3/12- No show. The crew has wrecked the van. They will return Mon. I tell him they are not allowed on site. 3/13- Says guys are a few minutes away will pick up tools. A hose and extension cord.They are not allowed in my house. I would be on site with the police to ensure that was all they took. They did not show up. Police report filed. 3/14-He is going to file mechanics lien against me. Hoping for refund to pay for damages and clean up.In process of getting estimates cleaning, repairs, etc.

  Business Response

  Date: 03/22/2023

  My name is ******************* and I am an attorney at the ******* Law Firm in ************.  I have been retained by Mr. ********************** and Atlay Construction to represent him and his company regarding this matter involving ****************. Mr. ********************** denies the accusations made by **************** regarding the quality of his and his crews work.  **************** owes my client approximately $8,000, less some credits for a few clean-up/touch-up issues that he was willing to address but which he was never given the opportunity to come correct or even inspect.  **************** called (or said she had called) law enforcement on my client when he offered or tried to come back to the property to make sure he could answer for any minor issues that might have existed after completion of their drywall work.  That is a massive overreaction by a frustrated homeowner and a completely inappropriate one given that no criminal activity could have possibly occurred and that no threats or even anger were made or exhibited by my client.  **************** has unlawfully retained tools and other items belonging to my client without any justification or claim of ownership of those tools.

   

  I can confirm that a mechanics lien was filed against **************** to secure payment to my client for whatever amount is owed, which is more than $0.  He is only seeking $8000 of the remaining $16,000 to be paid because the last third of the work wasnt completed or not substantially completed and he believes he is owed a significant portion of the $8000 that was to be paid.  **************** lives in a remote area in ******* County.  Getting materials delivered and coordinating crews to get out there was difficult.  She was incredibly demanding of a very tight timeline and there were only a few days worth of delay, which is not unreasonable under the circumstances.  My client was available and willing to come inspect the issues of which she was complaining and make them right with different crew should that have been deemed necessary after inspection.  When it didnt go exactly to plan because my client is trying to coordinate multiple jobs and minimize down time while trying to get out to her property in Sabula (1 hr and 40 minutes away) to address the issues she was raising, she canceled the payment issued by the bank and has refused to make any payment for the work completed.  

   

  My client exercised his lien rights as a subcontractor only to ensure he was able to protect his right to be paid whatever portion of that maximum of $8,000 was owed by *****************  Preserving my clients right to a mechanics lien down the road if the matter cannot get resolved is not improper or unethical or unlawful.  It is smart business and gives my client assurances that he will be paid for his work in whatever amount the parties (or a court if things go completely sideways and that kind of action is necessary) determine is fairly due and owing.  I have attached the mechanics lien filings (Commencement of work filed because the owner/builder hadnt filed anything as of the date of filing our preliminary notice and the preliminary notice itself) for your reference to show that we properly completed those documents for the maximum amount that could be owed simply to preserve and protect my clients rights.  We wont file the actual lien until 90 days passes without payment.  I remain hopeful that **************** will approach us with an offer to get things resolved in response to the preliminary notice filings. 

   

  This matter should be straightforward to get handled and my client is not insisting on the full $8000 being paid.  Instead of taking a level-headed approach and reaching out to try and get things resolved or at least opening a dialog about the issue, she resorted first to attempting to publicly shame my client and harm his business based upon allegations that have not been substantiated with any photos or proof to my client or to myself.  I am hopeful we are able to get things resolved amicably and we will happily file a lien satisfaction if an amount of payment owed to my client can be agreed upon once she gets estimates to repair whatever work she substantiates as not properly done or not done in a workmanlike manner because my client does not want or expect payment for anything that falls below his high standards.

  Customer Answer

  Date: 04/10/2023

  I'm sorry that I did not respond sooner. This notification was found in my spam folder.

  Please see the attached pictures. Which are time stamped in my phone.

  Atlay was contacted on many occasions and did show up to look at the issues sited. I am in the process of having his costly mistakes corrected and am awaiting invoices.

  I requested immediately via text that he send me his lawyers information, so my lawyer could correspond with him directly and he did not respond.

   

  I have more pictures that I would gladly send - along with all text messages between Atlay and myself.

   

  As far as the police report - Atlay was sending a van full of his guys from ************ to pick up a hose and extension cord. I called the sherrifs office to have someone other than myself on site, to ensure that was all they took. Atlay turned his guys around and said he was not dealing with the police. Again, all in text.

  You are able to contact the Jackson *************************** for the report.

   

   

  Respectfully,

   

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

  Business Response

  Date: 04/20/2023

  I am writing on behalf of my client, Atlay Construction with respect to the above-referenced complaint and the rebuttal provided by complainant, ****************************  The response she issued does not really give us anything to respond to, as (1) I have not been contacted by her directly about the dispute; (2) I have not been contacted by an attorney on her behalf about the lien we filed or any of the issues underlying her complaint and (3) we have not seen any invoices for any repairs that were allegedly necessary to correct defects in the work performed by my client or the crew he hired to perform the work.  I wanted to make sure we issued some sort of reply to what was shown in the letter my client just received in the mail, even if that reply was we cant really respond to what she wrote and without any corroborating documentation or photos, there isnt much more we can say or do at this point to refute the allegations she is making.  

   

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  ************, ** 52404

  Phone: **************

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