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:04/02/2024

  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.

  This company was used for restoration, repairs and content removal from a house flood in November 2022. They have yet to complete full restoration, full repairs and our content while returned has been damaged under their storage. They are unprofessional and consistently make excuses for their lack of quality performance. They have contacted my mortgage company directly attempting to get insurance payments directly from them. They have done the same with my insurance adjuster. They have told subcontractors that we do not pay our bills and have not paid them at all which I have email confirmation to the contrary. The owner, ********************* refuses to discuss with me about payments and needs on the house because he needs to talk "man to man" with my husband. I am the homeowner and the insured - not my husband. I have been told by ********************* that these experiences make "a person go temporarily insane" which is inappropriate. The pricing for his work has never been fully calculated so that he can continue to change the final amount due. We have not gotten all credits on the work that our estimate shows and we have paid out of pocket for items and materials for the rebuild that should have been the contractors responsibility. I do not feel we owe this company anymore than the last check I am holding from the mortgage company until all repairs are completed. Omnicon is not an ethical company and they capitalize on catastrophic situations where they victimize the victims. They bully insurance policies and agents in an attempt to get more than desired from policy funds. They should not be trusted and their business model is questionable.

  

  Business Response

  Date: 04/08/2024

  We understand that you feel negatively regarding your experience with our company and that the restoration process at your home has caused stress and inconvenience, and for this, we sincerely apologize.
  
  Our companys number one goal is to take care of our homeowners and help alleviate the stress of every hardship. We do strive to make the restoration process, one that is often time very stressful, less arduous as we work to get our homeowners back in their homes after they have experienced a catastrophic situation.
  
  After reviewing your complaint, we would like to address the concerns you have mentioned the best that we can in this format.
  
  You said in your statement that your contents were damaged under our storage. This *** be correct, and as we have stated via email response to your email notifications of damage, that we are so sorry for any damages that *** have occurred while your contents were in our care.  This is not up to our standards, as our goal is always to take great care of our homeowners personal property.
  
  As we have stated previously in our emails, unfortunately unforeseen damages can occur during packing, storage and transport. While we know that there are some items that you have brought to our attention as irreplaceable, we have made efforts to provide resolutions including, but not limited to, replacing damaged items, crediting your balance for items, and providing additional options for resolutions to mitigate any damages that *** have occurred. To date, we have credited your balance due for the **** cabinet that was damaged during transport for delivery back to your home. We have also offered to replace your Target hamper that no longer has a liner. Additionally, we offered to have your hand carved chest restored by a wood furniture restoration company, as replacement of a priceless antique is not possible, we wanted to provide an option for resolution that *** help mitigate any damage.
  
  With exception of accepting the credit for the **** Cabinet in question, we have not received response from you regarding how you would like to move forward with the other items that *** have been damaged in our care.
  
  You mention in your statement that we have contacted my mortgage company directly attempting to get insurance payments directly from them.
  
  In communication with you both in person and via email, we did ask you to sign The Third Party Authorization in order for us to assist you with the mortgage company and payment processing to help alleviate any additional stress that this process *** cause. We let you know that we offer this to help our homeowners with the mortgage company payment processing to take the burden off them. In our email we stated, This is required if you need assistance with your mortgage company and processing payments from the insurance carrier. On 4/9/23, you emailed us the signed copy of the Third Party Authorization Form. Furthermore, on 4/28/23 we emailed you notifying you that NewRez, your mortgage company, required an additional form for us to handle the claim process for you. On 4/28/23, you responded to our email attaching a signed copy of this additional Third Party Authorization giving us permission to contact the mortgage company on your behalf.
  
  Any contact that was made with your mortgage company regarding insurance payments was made on your behalf to help processing and move the payment process forward. We were transparent with this during the entire process. Further, you were informed that any payments received from the mortgage company would still be written to you and need to be endorsed by you in order for us to process the payments.
  
  Regarding any contact made directly by us to your insurance adjuster, we have only contacted your insurance carrier regarding your claim in order to facilitate streamlined communication regarding your restoration project. This is standard practice and done to create transparency and facilitate a seamless project. After your request, you were included on communication to your carrier.
  
  You mention in your statement that we have told subcontractors that we do not pay our bills and have not paid them at all. In communication with you via email, we clarified that The Subcontractors have been paid over 75%. All that we have left to pay them is $8,308.64, which is less than 25% of their original contract amount. We hold that back until all their items have been taken care of. They have been advised of this and we have explained that when we receive final funds they will be paid in full.
  
  
  We always want to put our homeowners first, and we apologize that this issue has affected you. Unfortunately, we do not have direct control over the information, true or false, that is shared with anyone from subcontractors or the like. We have made efforts to discuss this matter with them and stressed the importance of making sure that this doesnt happen. Payments between us and our subcontractors should never be discussed with homeowners nor should homeowners need to be concerned with such.  We have taken this feedback about what happened, and how it has affected you, and are doing everything we can to make sure that this doesnt happen again in the future.
  
  You mention in your statement that The pricing for his work has never been fully calculated so that he can continue to change the final amount due. We have not gotten all credits on the work that our estimate shows and we have paid out of pocket for items and materials for the rebuild that should have been the contractors responsibility.
  
  In communication with you, we have continued to update you with any revised estimates for work to be completed for both the insurance related claim and private pay additions.
  
  Over the course of our communications, the total estimate for work to be completed at your home decreased significantly as we worked with you to reduce the costs of Private Pay additions and advised you on your best options to create the least financial burden while still fulfilling your wish list items including crediting insurance related repair items that would not be occurring in order to apply these funds towards other parts of your home.
  
  On 1/18/2024, via email correspondence we sent you the most up to date final invoice for work completed. In this email we also outlined all payments made to date with both insurance proceeds and out of pocket payments. This invoice, as stated in our email, was for work completed, less the invoice from ******* Electric that we have not received for the grounding. This final invoice included insurance related repairs as well as private pay repairs that were requested and agreed upon by you.
  
  You have advised via email that the final check that you received from the mortgage company was used to make our mortgage payment in November. In addition, you have notified us that the final check being issued by the mortgage company, as all insurance funds have not yet been released to the mortgage company at that point, was being reissued and that you would be holding it until work on the home is completed. This final check that you have referenced does not amount to the final funds due for the work completed at your home. It only accounts for a portion of the repair project as the remaining insurance proceeds had not been released at this time.
  
  To date, we have received less than 50% of the total balance for work completed at your home, including both work for your insurance related repairs and agreed upon private pay repairs. In reference to your agreed upon Private Pay additions, we have received only $13.27 towards the out-of-pocket related balance of your project. All other funds that have been received have been either insurance released funds endorsed over by you or the out-of-pocket funds in the amount of your insurance deductible.
  
  To date, we have completed the repairs for your project apart from punch list items that have been discussed as of our last meeting on 3/29/24. Before this meeting, we had made multiple attempts to schedule time to come to your home to walk through and document any remaining work that needed to be completed and/or rectified to get your home up to completed standards. Our preliminary requests were denied due to scheduling conflicts and your desire to have both your husband and yourself present during this walkthrough. Additionally, as of 3/28, you denied our plan to bring a new master electrician to the home to assess the ongoing electrical issue and stated that you would be handling this yourselves outside of Omnicon. As of our meeting on 3/29, you had still not had an electrician out to address your electrical concerns.
  
  We have finally made this meeting as of 3/29/24 and have noted and photographed all concerns regarding items that need to be addressed at your home. As we discussed at our meeting, we are in the process of finalizing these items for you and wish to get your home up to completed standards.
  
  In your statement you mention, They bully insurance policies and agents in an attempt to get more than desired from policy funds.
  
  Estimates for restoration work relating to the insurance loss are submitted to the insurance carrier for review and then approved by the insurance carrier.
  
  Any supplements for additional funds that were submitted for approval to the carrier, were submitted to do what was required to bring the home back to its pre-loss condition as is standard practice during a home restoration process and in the best interest of the insured. We submit these additions to the insurance carrier with documentation to support any additional funds that *** be needed to complete the project. The carrier completes their audit process and has the right to deny these supplements or require additional revisions for them to be approved. We do not persuade the insurance carriers to cover additional work that is outside the scope of the policy. All work must be approved by the insurance carrier when it comes to insurance claim related repairs.
  
  In this case, additional items were added to your estimate as Private Pay to complete items requested by you during the restoration process that were not considered part of the insurance claim. Private Pay repairs including, but not limited to, removing a wall between the kitchen and living area and adding an additional doorway from the kitchen to the back bedroom. These items were only added and completed because they were requested as additions by you, the homeowner. We made it very clear from the beginning that these items on the Private Pay, as it is referred to, would be up to you for payment and were not involved in the insurance payment process.
  
  
  In addition, we notified you that the deductible on your claim would need to be paid direct by you. We verified with your insurance carrier that this needed to be paid and let you know of the total amount due for that portion of your insurance related work as is standard in an insurance claim.
  
  We understand that your family has been through a difficult time, including factors outside of your home project. Our primary goal during this process was to limit the stress and rectify the damage from the loss as well as pick up where the former contractor had left off on this loss when you had already been displaced for your home for a few months at the time that we received your project and were able to begin work.
  
  At Omnicon our mission is to help ease the hardship of every disaster. Our business model is built on a foundation of care, as started by our owner. We pride ourselves on our ability to help people during some of the most difficult times in their lives. Being displaced from your home can be one of the most stressful experiences, especially for families. We know that this experience causes copious amounts of undo stress and our goal is to make that a little easier in any way that we can. While there are always factors that *** be out of our control, like material lead times, technological errors and even some human error, we truly do stand on a foundation of care and compassion for the homeowners we work with.
  
  We are very saddened that this is not the experience that you have had with our company. It is our hope that rectifying the final items at your home will help to get your family back to normal after all the hardship the last year and some has caused.

  Customer Answer

  Date: 04/08/2024

   
  Complaint: 21520617
  
  I am rejecting this response. The timeline and facts about communication are not accurate.  We have responded to communications and we have states difficulty with the dates for returning content during the month of February 2024. All other dates and times were accounted for and followed as scheduled. Nothing was scheduled in February per our work schedules. 

  We are still working through unpacking all the boxes since our items were intentionally packed into excess boxes.  The items that are marked on the outside of the boxes are not always the items inside the boxes or the boxes are not marked.  This causes a large delay in being able to reorganize and unpack.  What system we did have was disturbed in January and March with the content returns. 

  We are missing the hardware for the desk that was just returned. Within which we are not able to put the desk together and use the desk.  The final content drop off contained the drawer units and containers requested in the first and second content return.  It has forced those previous boxes to be stacked without putting them away since we have been waiting for the drawers and containers to put the items away in.  We were told that content would return how we needed it and when we needed it. That has not been the reality at all. 

  You state that we have only paid about $13 out of pocket. That is not accurate according to the billing account that you provided us as well. We have paid you over $5,000 personally and then have given you the funds from the mortgage company. Per my email about remaining checks from the mortgage company I stated I am withholding the check for a little under $9,000 until the work is completed. The wall is pulling apart in the living room and kitchen bay window! I have sent you pictures since December 2023 about this. The same images were taken on March 29, 2024 when your team walked through. The same is true with the wood floor issues which were pictured and sent in November 2023 after our return to the home 10/31/2023.  Your team saw the same now for the third time on March 29, 2024.

  The final payment from the mortgage company of $2,000 was used to put towards our mortgage in December 2023 due to excess personal expenses that this entire process has cost us.  I was informed by the mortgage company and the insurance company that any check marked "final payment" is mine to use as needed. This was put in an email in January to your company as well.  I have also shared this directly in a phone conversation in February with our insurance adjuster who confirmed that that was an acceptable use of the funds.  

  Omnicon has continually stated and implied that we are not paying any of our bills to subcontractors which is preventing our ability to obtain support for the electric issues. Omnicon stated that they were bringing contractors as master electricians in their email and we stated that we were not supportive of that.  I had discussed this with our insurance adjuster as well who confirmed that anyone coming to look at the electric issues needs to be practicing currently and not just someone who will send another person later to look at the issue.  We have the right and ability to find our own electricians. Omnicon has not been willing to support this until we firmly stated that we are looking for someone on our own.  

  Our messages just this weekend about missing hardware from Omnicon have been condescending and dismissive.  I hope that the other clients under Omnicon are treated according to the mission they profess, but it has not been the treatment we have been provided.  It is intentionally the opposite. Literally everything that was stated as being of importance to us was treated poorly and has issues. You can't fix some of the items especially my wedding items that have been shaken and dismantled.  This been stated our emails to Omnicon as well.

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

  

  Business Response

  Date: 04/10/2024

  Our timeline and facts are pulled directly from email correspondence and job notes correspondence records. At Omnicon, we keep records of all job correspondence in our job file, with over 280 pages of documented Job Correspondence Notes for your job. Emails are documented in these job notes accordingly. Any facts that we included in support of our timeline and response to your complaint are factual and in written record. We have no intention of being dishonest in our correspondence as we try to reconcile this complaint.
  We understand that the task of unpacking all the boxes of contents that have been returned to you is an arduous one. We are very sorry that the final return of your remaining contents has caused additional stress. This final return date was based on the insurance carriers final coverage of storage fees. As stated by your insurance adjuster in email, Omnicon Restoration has attempted to schedule delivery of your remaining contents multiple times. If there is a reason why the contents cannot be delivered to your home please let me know.  We can no longer pay for storage of your remaining contents.  Any additional storage cost will be incurred by you after March 22,2024. (See Insurance Adjuster Email correspondence on 3/11/24).
  While it is standard practice to deliver all a homeowners personal property within a few deliveries across a few close dates, we were happy to accommodate your busy schedules and need to unpack by spreading these deliveries out across 5 months, starting in October 2023 and ending in March 2024. While we did our best to accommodate your requests for specific items during deliveries, some requests were not always able to be accommodated. We are sorry for any additional stress this caused during the unpacking process. As we have stated in email correspondence, some items were not delivered when we had intended. Unfortunately, as organized as we always try to be with deliveries, this is sometimes difficult with extensive amounts of contents. Items *** have been marked unintentionally when they were not delivered and for this we do apologize. Our intention was to accommodate your specific requests the best that we could each time. As we stated, typically all deliveries are happening within a few days of each other, and we can easily ensure that all our homeowners items are delivered in a timely manner.
  We use a contents inventory system to inventory, document and pack all of our contents that we handle. Your personal property was all photographed, inventoried, and packed at your home and removed for the duration of your restoration project. Items that were inside boxes were marked as such and labeled from the room that they were in at the time of our pack out beginning. Larger items were dismantled where appropriate in order to safely transport and store. Your contents inventory report of all contents packed up and removed from your home was shared with you via email correspondence (See Job Notes for Email Correspondence on 7/24/23) and in printed form on 3/17/23. This document shows all inventory barcodes and corresponding photos (Please see Customer Inventory Report). In addition, items rooms were marked on the exterior of the box to make it easier when your contents were returned. As we mentioned in email correspondence, items within your home *** not have been in their original placement as work was completed by a previous contractor and items had been moved during the work that this contractor completed. We were also aware that your family was in a transition so many items had been moved out of their original rooms before the loss occurred at your home.
   Regarding the desk, as was previously stated in our email, we purchased a replacement for this item due to damage that occurred during the moving process. All the desk hardware and desk pieces were grouped and boxed to make it easier for our team to assemble it for you upon delivery. However, as you have stated it seems that this hardware has been replaced. While we truly did believe that this hardware was placed in the boxes with other desk pieces, we are sorry that this does not seem to be the case. We have offered to replace this desk an additional time to reconcile this situation.
  We sincerely apologize that our email communications over the weekend of 4/5 seemed condescending or dismissive. This was never our intention and does not reflect our company standards. Our only goal with the email communication regarding the missing hardware for your personal property items was to state the facts of the location of the hardware at the time of delivery.
  We understand that there are items that cannot be fixed or replaced. As we previously stated, we know that some items are irreplaceable, however we have made efforts to mitigate any damages that could be addressed. While we cannot undo some of the damage that has potentially occurred during our handling of your personal property, we wanted to offer any resolutions that *** be possible to mitigate the damage that we could. We do sincerely apologize that there are any items that have been damaged in our care. Unfortunately, accidents can happen no matter the provisions in place to reduce unforeseen damages. By no means were items that had been stated as of being of importance treated poorly intentionally. We strive to handle our homeowners items with great care, however human error, accidents during transport, and other unforeseen instances can occur.
  In regards to payments made, in your statement you mention that you have paid over $5,000 personally and given funds from the mortgage company. We are by no means discounting the total funds we have received to date amounting to $82,620.39 or about 46% of total funds due. This total amount paid is in reference to both Private Pay additions and insurance related repairs together. The $5,000 mentioned were applied towards your insurance deductible, (or the amount of money that the insured must pay before their insurance policy starts paying for covered expenses) as listed on the repair estimate and confirmed by the insurance adjuster. This amount is also part of the total funds received to date for work at your home.
  As we have mentioned in our email communication on 1/18/24, the total invoice for work completed at your home is $178,842.16. We understand that all insurance funds have not been released, and that these funds will not become available until they are released from both the insurance carrier and the mortgage company.
  This total figure includes the final approved estimate from your insurance carrier for insurance loss related repairs ($152,655.76), supplement for additional insurance related repairs, and Private Pay work. The original $152,655.76 was agreed upon by you for payment on the signed Restoration Contract dated 4/28/23 which states Owner shall pay Omnicon, Inc. the sum of One Hundred Fifty-Two Thousand Six Hundred Fifty-Five Dollars and Seventy Six Cents ($152,655.76) per the approved estimate subject to any additions or deductions pursuant to change orders agreed upon by both parties. Further it states, Omnicon is requesting 1/3 of funds up front to begin repairs, 1/3 of funds at 50% complete and the balance upon completion. (Please see attached Restoration Contract).  To which, we have not received the agreed upon payments for insurance related repairs to date. We have been accommodating for delays in payments to ease the burden of this hardship as well as to account for insurance funds that had not been released.  In addition, this total includes all Private Pay additions as agreed upon by you on 6/27/2023 with a signed Change Order 1 ($174,682.24) that states, I have reviewed the changes that have been made below and understand that we will have to come out of pocket to pay for items that are above and beyond the approved scope of work from our insurance company. (Please see attached signed Change Order 1). The amount above and beyond the approved scope of work agreed upon by you on this signed Change Order amount is ($22,026.48), or the Change Order 1 Amount of ($174,682.24) less the original approved insurance estimate amount of ($152,655.76).
  The $13.27 paid amount is in direct reference to the out-of-pocket funds paid towards the Private Pay additions ($22,026.48), as agreed to by you on the signed Change Order 1.
  We understand that you have stated you are holding the remaining mortgage company check for a little under $9,000 until work is completed. However, this is not the final check of insurance funds that will process through the mortgage company. Once the final funds are released from your insurance carrier, there will be additional funds released for the insurance related work on your home.
  In reference to the final payment that was used towards your mortgage, your adjuster did advise you that contents related payments were for you to use as needed. However, payments related to your personal property do not process through the mortgage company. These payments would have been paid to you direct from the insurance company to be used as you see fit. Only payments relating to the structure of your home are distributed through the mortgage company due to their vested interest in the structure of your home.
  We understand that you are concerned about the remaining work to be completed at your home. As we acknowledged in our meeting with you and in our last response in this format, we are aware of the work that needs to be done and have acknowledged our intentions to do so. We have attached these punch list photos in acknowledgement of the remaining work to be completed. However, we would like to note that this work to be completed does not in anyway amount to more than 50% of the project as remaining outstanding funds would imply.  
  We apologize that these Punch List items seem to be ongoing. Unfortunately, since you have been living in the home during these repairs, they have happened more sporadically due to accommodations for schedules as we have been more than happy to accommodate because we understand that you have busy work schedules and young kids.
  In your statement you mention, The same is true with the wood floor issues which were pictured and sent in November 2023 after our return to the home 10/31/2023. Your team saw the same now for the third time on March 29, 2024. You have communicated with us regarding the wood flooring issues in previous communications. We have never discounted this issue and have agreed that we would need to complete final repairs. The final visit to your home on 3/29 was to compile a comprehensive final punch list with items to be completed, including any items we *** have already been aware of. We wanted to get our own thorough documentation of any remaining repairs, as we have acknowledged in our previous response, and finalize a plan of action to handle these remaining repairs in order to get your home to 100% completed standards.
  
  You mention again that we continually stated and implied that we are not paying any of our bills to subcontractors which is preventing our ability to obtain support for the electrical issues. As we stated in our previous response, we apologize that this issue has affected you. We have made efforts to discuss this matter with the subcontractors on your project and have urged them of the importance not to discuss matters of billing with the homeowner. We agree that payments between us and our subcontractors should never be discussed with homeowners nor should homeowners feel the need to be concerned with such. We are making efforts to ensure this does not happen in the future. With that said, we do not make it a practice to disparage our homeowners to subcontractors or any other representatives outside of our company. That is not something that we would do. Any conversations we had with subcontractors regarding withholding final payments were had in relation to requiring the final work is completed by their trades before final payments are released as we want to make sure that the work that needs to be completed is taken care of. As you have stated, you do not feel that your project is complete and with that said we have not released final payments to subcontractors in reflection of the project not being completed.
  
  In your statement you mention that we have not been willing to support your right and ability to find your own electricians. We have made continued contact with you regarding the ongoing electrical issues at your home including following up with reports made by the supply company and making efforts to identify and fix the issues that *** be happening. We intended to bring a Master Electrician with us for our final punch list meeting to facilitate an additional opinion and try and sort out the root cause of the electrical issues. This Master Electrician would have been a current practicing electrician who would have been able to handle any required repairs. As has been stated by your insurance carrier, If the electricians report ties the electrical issue to your water loss then insurance will respond with payment.  If your electrical issue is unrelated to the water loss and was just brought to light during the repair process of your water loss then your insurance will not pay for the unrelated electrical repairs. (Insurance Adjuster email correspondence 11/1/23). As we had not received notification that this issue would be covered by insurance as loss related repairs, our goal was to determine the source and cause of the electrical issues and be able to communicate with you and your insurance carrier regarding the cause and facilitate repairs as needed.
  As you stated, we supported your decision to hire an outside electrician to handle the ongoing electrical issues. We offered to bring a Master Electrician, one who had not previously worked on your home, and you responded asking us not to. At that time, we changed the course of action and did not bring an electrician with us per your request. At the time of our meeting on 3/29, you did notify us that an electrician had not been hired or brought out to your home to handle the issue at that time.
  We are saddened to know that you feel that our treatment of you during the duration of your restoration project has intentionally been the opposite of our mission statement. We can ensure you that we would never intentionally act in a way that would make the hardship of a home disaster harder. Our intentions are always to aid our homeowners in the process and ease the burden. You have also stated that we are dishonest. At Omnicon, we always lead with honesty. We try to facilitate a transparent relationship during the entire restoration process. Our goal is never to seem deceitful. We are proud to have a staff that cares about people as it is our primary motive for completing the work that we do.

  Customer Answer

  Date: 04/22/2024

  Complaint: ********
  
  I am rejecting this response because: Hello, This is for: Complaint #********. 

   Please see the below email sent to my insurance agent ***** (***) ****** through Homesite with Progressive. 

  I should not continue to have subcontractors call me about *********************, owner of Omnicon, telling them that I have not paid Omnicon. 

   

   Omnicon has acknowledged payments from me. The work on my home is not completed they will not receive final payment until the work is completed. This is a standard way of conducting business. 

  
  

  All the sub contractors that Omnicon hired to comple work on my home state they have not been paid and have threatened to but a lein on my house. This is unacceptable. 

  
  

  I am not getting support. I am not getting help. Some support needs to be provided since this is an issue with Omnicon's business operations and ethics.   

  
  

  Thank you,

  ****

  
  

  ---------- Forwarded message ---------
  From: *********************** <*****************************>
  Date: Thu, Apr 18, 2024, 5:47 PM
  Subject: Support needed with Omnicon
  To: ************************ A <*********************************>
  Cc: ***** <*******************************>

  
  

  ***,

  
  

  *** - flooring called me today.  He fixed the floor boards last week and said then that he hadn't been yet by *********************. *** stated that **** continues to tell him we are not paying our bills and insurance is not paying.

  
  

  *** said he talked to ********************* today who says he is owed by us and insurance another 190k and he has to refinance his house because of us not paying our bills and insurance not paying. 

  
  

  *** wants your name and the insurance company information because he taking **** to court. He continues to get the run around by **** and is tired of not being paid. 

  
  

  I explained again that I am withholding the last check I have until the work on my home is complete. Then the quote needs to be adjusted.

  
  

  Please advise where final payment from the insurance company is at. You mentioned in February when we spoke on the phone that you were needing to send that still to me. 

  
  

  Thank you,

  ****

  
  Sincerely,
  
  *********************; 

  

  Business Response

  Date: 04/24/2024

  We understand your frustration with this entire process,and we hope to shed some additional clarity on the situation.

  In your response you mention again I should not continue to have subcontractors call me about *********************, owner of Omnicon telling them that I have not paid Omnicon.
  As we have stated in our previous responses, we apologize that this issue has affected you. We have made multiple efforts to discuss the inappropriateness of this matter with the subcontractors on your project,urging them not to discuss matters of billing with the homeowner. We agree that payments made between us, and our subcontractors should never be discussed with homeowners nor should homeowners be concerned with such. We cannot stress enough the efforts that we have made to thwart this issue. Unfortunately, as we have stated before, we do not have direct control over the information, true or false, that is shared with anyone from our subcontractors or any other outside representative.

  Any conversations had between us and our subcontractors regarding withholding payment were had in relation to requiring that all work be completed by their trades before we release final payment. All our subcontractors on your project have received at least partial payment for the work completed at your home.

  We are deeply saddened by the notion that we would ever speak ill of our homeowners, especially to subcontractors and other outside representatives.

  You have stated that Omnicon has acknowledged payments from me. This is correct. We have not discounted the funds that we have received to date towards the balance of your project. As we have previously stated, we have received less than 50% of the total balance for work completed at your home,including work for your insurance related repairs and agreed upon private payadditions.

  To date, we have received ($82,620.39) of the total final invoice of ($178,842.16). This total figure, as outlined previously, includes the initial approved estimate, final insurance estimate supplement and private pay related repairs. This total amount received includes ($77,607.12) of the ($89,546.68)in insurance proceeds that you have received to date.

  This meaning that we are still due ($11,939.56) of the insurance proceeds that have been released to date for repairs that we have completed on your home based on the approved estimate as we submitted to your insurance carrier.
  This figure of ($11,939.56) includes the ($2,984.89) of insurance released proceeds that you had informed us was used to pay your mortgage instead of being released to us for the work being completed at your home. As we previously confirmed in this format, while you had made note that the adjuster had told you that money marked as final payment was yours to use as you saw fit, money that is released through the mortgage company is directly related to the structure related repairs and not the contents portion of your loss as he would have been referring to. The total figure of ($89,546.68) is directly related to the original released payment that you received and was submitted to your mortgage company for disbursement after mortgage inspections.These total funds are included in the total funds due to Omnicon for work completed on your home per the insurance approved estimate and supplement that was written and submitted by us for work to be completed as was deemed necessary by your loss to the structure of your home.

  Your statement The work on my home is not completed they will not receive final payment until the work is completed. This is standard way of conducting business, implies that final payment due to us is limited to the most recent insurance released proceeds for ($8,954.67). As we have previously stated, and as you acknowledge in your email to your insurance adjuster on 4/18/24, there are still additional insurance funds to be released for work that we have completed on your home. The funds that are still being held do not in any way account for the total final payment due to Omnicon.While we understand that the additional funds have not been released and received by you, we want to account for these funds to accurately depict the balance due on your project. We understand that we cannot receive these insurance funds until they are released by both the insurance company and the mortgage company, however these funds will be due to us upon release.

  Regarding the standard way of conducting business, as we have previously stated, the original Restoration Contract ($152,655.76) signed and dated 4/28/23 states Omnicon is requesting 1/3 of funds up front to begin repairs, 1/3 of funds at 50% complete and the balance upon completion. At this point, we have not received the 2/3 of funds ($101,770.44) for the original contract amount, as signed and agreed upon on 4/28/23. We have been accommodating for delays in payments to lessen the stress you are under as well as to account for the insurance funds that had not yet been released.
  Furthermore, this original contract amount ($152,655.76) does not account for the additional insurance supplement for additional work to be completed under the insurance related repairs ($175,870.75) or the private pay additions ($2,971.41) as requested and agreed upon by you.

  Our goal has been to act in your best interest to fulfill the needs of your insurance related repairs as well as to accommodate your wish list of private pay additions. As you may note, the private pay additions on your home started with an agreed upon estimate of ($22,026.48). After the insurance supplement and additional credits and changes to your private payrepairs, your total out-of-pocket expenses for private pay additions has been reduced to ($2,971.41).
  While we understand the frustration that was caused when we reduced the scope of work related to your private pay repairs on (7/24/23),we did so to lessen the financial burden in your favor as well as to reflect the payments that we had not received at the time (See email attached dated 7/24/23). As of 7/24/23, we had only received ($13.27) towards your private pay additions. We had made multiple requests for additional payments to reflect the standard requirement of 50% deposit on private pay repairs. As of 7/24/23, we reduced the total private pay additions to roughly ($13,000). To date, as mentioned above your private pay amount has been even further adjusted and reduced to ($2,971.41).

  While we understand that you were making payments for your out-of-pocket expenses, we have previously mentioned that most of these payments made were applied to your insurance deductible ($5,000.00), which is standard practice as the insurance deductible is the insureds responsibility and can be collected before work is started. We did not delay beginning work on your project because we had not yet received your deductible, instead we applied your out-of-pocket payments to this required balance for your insurance related repairs as is standard practice.

  We understand that there is still punch list items to be completed at your home. As we stated during our meeting and previously in this format, we have documented all final items to be completed at your home as of our walkthrough on 3/29/24. We acknowledge that these final repair items include work on your kitchen bay windows, securing the kitchen island, painting and wall repair in the corner next to the base cabinet in the kitchen and the living room corner next to the kitchen, painting touch *** of the basement ceiling grid, replacing 2 ceiling tiles in the basement, and checking the first-floor hall bath shower drain for leaking. We have contacted you to schedule these final repairs.

  To date, wood flooring repairs have been completed. These repairs were scheduled directly by you with our subcontractor before we were able to schedule this on your behalf. We would have liked to schedule a time to come to complete multiple punch list items on one day, however you contacted our subcontractor direct allowing for only one punch list item to be addressed during that time. We did not know about these repairs until our subcontractor let us know they were completed after the fact. It is not standard practice for our homeowners to reach out to subcontractors on their own. We prefer to facilitate these schedules and communication to alleviate the opportunity for any confusion or issues. Direct contact with our subcontractors is unfortunately outside of our control and has created issues with misinformation and direction of communication regarding payments between our subcontractors and ourselves during your project.
  We would like to acknowledge again that this work to be completed does not in any way amount to more than 50% of the project as remaining outstanding funds would imply. We have every intention of completing these final items and have reached out to schedule to do so. We apologize again that these Punch List items have been ongoing. Unfortunately, as we have mentioned previously these repairs have occurred more sporadically than is typical due to the unusual nature of having you moved into the home before repairs were completed. We have been happy to accommodate your busy schedules as we understand that you would both like to be present during any meetings and/or repairs and this can be difficult with your busy work schedules and young children.

  We are very sorry for the additional stress that this experience has created. However, we have done our due diligence to be supportive and accommodating during the entire restoration process. We have always stressed that we feel for your family during this difficult time and worked to do what we could to alleviate the stress created by the loss at your home. However, a lot of stress had already been caused by outside sources as we were not the first contractor to be hired to complete work at your home and came into the process a few months in. 

  Customer Answer

  Date: 04/25/2024

   
  Complaint: 21520617
  
  I am rejecting this response because upfront payments were not something that were stated as needed.  The rules and guidelines that Omnicon functions under continues to change as this process goes on.  Sub contractors continue to call, send text messages and tell me in person that they are putting a lein on my house due to non payment.  They state that Omnicon continues to state that we have paid nothing which is not truthful.  I have previously attached the messages from the subcontractors and the email from Omnicon stating what we have paid.  This behavior is not ethical, appropriate or what was explained by Omnicon has their business model. 

  Sincerely,
  
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