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Business Profile

Fence Contractors

Upright Fences/Downright Patios

This business is NOT BBB Accredited.

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Complaints

This profile includes complaints for Upright Fences/Downright Patios's headquarters and its corporate-owned locations. To view all corporate locations, see

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Upright Fences/Downright Patios has 2 locations, listed below.

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    Customer Complaints Summary

    • 1 complaint in the last 3 years.
    • 0 complaints closed in the last 12 months.

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    Submit a Complaint

    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.

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    Complaint type

    • Initial Complaint

      Date:05/11/2023

      Type:Order 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.
      Pursuant to our contract, Upright Fences Downright Patios was to install a stamped concrete patio, concrete pad, stairs attached to our upper-level deck, and a pier for a future deck extension for a total cost of $15,562.34 plus the cost of the permit. The install date listed on the contract is March *****, 2023. We provided a deposit of 50% for the project in the amount of $7,781.17. The remaining 50% was to paid in 2 parts, $3,890.58 once the stairs and pier were completed and $3,890.58 once the concrete was completed. The stairs and pier were completed on March 15, 2023, and payment was made for this effort, plus the fee for the permit and added gate for a total of $4260.58.To date the concrete work has not been completed and my recent attempts to reach the owner, *******************, have been unsuccessful. He has not responded to several text messages and my calls are immediately directed to a voicemail that is full. Due to failure to provide ******************** and my unsuccessful attempts to reach the business to provide this service, I am requesting ************ immediately provide me with a refund of our deposit in the amount of $7,781.17 by no later than May 19, 2023. A demand letter has also been sent to him requesting this.

      Business Response

      Date: 05/21/2023

      I have been in 4 different hospitals since May 2'nd with pizza poisoning and carbon monoxide poisoning.  This customer was contacted twice by my sister and she has already has the deck extension built at her property.  The stanled. Onceete needed 75/DEGREES OR HIGHER TO BE DONE AND IT HASNT BEEN THAT JNTIL I ENDED UP IN THE HOSPITAL.  THIS CUSTOMER IS BEING RIDICULOUS AND NEEEDS TO HABD ME A CASHIERS CHECK WHEN THE CONCRETE TRUCK ARRRIVES. THERES CERTAINLY NOTBA JUDGE WHOM WILL FIND IN HER FAVOR WITH WRIST BANDS ETC. 

      BEING IN THE HOSPITAL IS OUT OF MY CONTROL OBVIOUSLY AND 100%

       

      Customer Answer

      Date: 05/23/2023

       
      Complaint: 20047632

      I am rejecting this response because:

      ************ has not returned my deposit and I am not comfortable with him performing services at my home as a remedy for his breach.  His behavior is erratic, disturbing, and unprofessional, and his response to this complaint is evidence of that.  I filed this complaint and sent a formal demand requesting a refund of my deposit from ************ by May 19, 2023.  On May 20, 2023, ************ contacted me with text messages which are as disturbing as his response to this complaint. As far as the contact from ************** sister, her text and voicemail to me only validated my concerns and need to take action.  Her messages indicated she was just checking mail and did not work for upright, she further advised the family was unaware of **************** whereabouts and that he was dealing with a crisis unknown to the family. 

      Due to the disturbing nature of **************** actions, I am once again not comfortable with him performing services and am continuing to seek a refund of my deposit. 

       

      Business Response

      Date: 06/04/2023

      Good Morning,

      This customer has gone to the credit card processing customer in an attempt to get the deposit back on a two part contract with more than half of the work already done. 

      Our signed and enclosed contract clearly states " All agreements contingent upon accidents or delays beyond our control. "

      This contract deposit was received on 2/16/23 for a second level deck extension which included an added gate and specific attachments for the ledger board to connect to the brick properly (per the ****************************) along with an extra hole dug 42" deep and 12" wide for a future deck extension next calendar year.  I will be invoicing the customer for the deck being done with these above details without a stamped concrete patio included but the invoice amount is going to be $8,260.58.  Therefore; if she no longer wants us to do the stamped concrete which I have already applied for and paid for the permit  she can be returned $3,781.17 .

      My sister contacted her twice while I was in the hospital. Since getting out of the hospital I contacted her on May 20'th and told her we were all set to complete the project now that the temperatures were above 75 degrees and my health was much better.  I was told to return her money and not to step on the property or it would be deemed trespassing. 

      In my opinion; cold / rainy weather along with emergency room hospital stays are indeed "accidents or delays beyond our control" so we should be allowed to finish the project per contract.  Once the stamped concrete patio is done; she owes a balance of $3,890.58 and i suggested she have this amount in a cashiers check the day the concrete truck shows up with her materials already ordered for her backyard project.

      Customer Answer

      Date: 06/07/2023

       
      Complaint: 20047632

      I am rejecting this response because:

      This matter is not resolved and it will not be resolved until ************ returns the the full deposit ($7,781.17) that I paid for the concrete work he did not perform. As I told ************ in my demand letter, I will take whatever actions necessary to have the deposit money, which is rightfully mine, returned. This includes pursuing actions with the credit card company.

      ************ continues to change his story in ways which he finds most suitable to him. The facts are that: 1) *********** was provided a deposit for concrete work that he did not perform despite several opportunities to do so; 2) that when I attempted to contact him regarding performance he told me he left town because someone had tried to kill him and then became completely unresponsive for weeks; 3) he has inconsistency in his claims about weather, making recent claims in this BBB response that the weather needs to be 75 degrees with no precipitation, but I have a text message where he says: April start because we need 60 degrees; 4) contact from his sister clearly states she does not work for Upright and did not provide any indication that ************** unresponsiveness was out of his control, instead saying she was unaware of his whereabouts; 5) when ************ did respond, which was after the date provided for remedy in the demand letter I sent due to the unresponsiveness, he claimed he had carbon monoxide and pizza poisoning but would be back at work soon; 6)the work ************ did perform on the stairs and landing is of poor quality; 7) when I told him he breached our contract and that I was not comfortable with him doing the work at my home, he insulted me calling me ridiculous twice in writing (in text and in response to this BBB complaint) and said he was going to have the work done anyway; 8) because of his unprofessional and erratic behavior I had to hire an attorney to attempt to recover my deposit and to make it clear that he was not to perform work at my home or it would be considered trespass; and 9) ************ is still refusing to return my deposit, is developing new terms that are inconsistent with our agreement, and is imposing additional fees for his poorly performed work.  


      Sincerely,

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

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