Complaints

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• Initial Complaint

  Date:07/17/2023

  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.

  **6/22/22 Contract; total contract amount: $126,746.25; total paid to-date: $59,720.01**Original contract included addition of a front wrap-around porch & separate covered patio. An approved permit was received for the front wrap-around porch, but on 9/29/22 we received notification from New Leaf Remodeling that the permit for ***************** was denied due to zoning issues. This resulted in only half of the project being permissible by the city.Several requests were made to get abreak-down of costs, which would show the allocated contract amount for the wrap-around porch as well as the allocated costs for the portion not approved by the city. Dates of the requests include: a text request on 10/27/22 to the project manager, ***********; a 11/16/22 phone call requests to **** and another in-person conversation early December 2022. Shortly after this time in Dec, we were both given a verbal total costs by *********** that the approved portion of the project was $61,000 leaving the remainder of the project totaling $65,746.25 towards ***************** which was not approved by the city.Open items that remain: unfinished drywall for a door that was covered and installation of living room windows. Meanwhile, New Leaf Remodeling is indicating they are closing the project and considering it completed. Additional concerns include: *6/21/23 final statement from New Leaf Remodeling indicating a total costs of the project as $78,889.44 this is $17,889.44 above the quoted costs provided by project manager, ***********, in Dec 2022.*Per our contract, on page 2, it is noted that final payment is "due upon completion of final punchlist"*A sworn statement was requested on 7/11/23 in writing to New Leaf Remodeling. ***************************** responded in an email that they were not obligated to provide this nor is it their policy to do so. This is a statute requirement: 770 ILCS 60/5. Spoke to a **** @ New Leaf and matter also escalated to owner without a response to date

  

  Business Response

  Date: 07/21/2023

  The original contract totaled $126,746.75.  However, with client approved change orders,the revised contract totals $131,835.51 (additional charges to project totaled $5088.76, of which $1,445.76 was paid by client)
  

  The original contract proposal included one front porch and one covered patio off the back of the home.  Winnebago County and the ***************** determined the clients could not have the back covered patio due to county zoning issues.  This decision by the County/Village was above and beyond New Leafs control, and the client decided to look into pursing a variance from the County/Village. 
  

  However, the project did move forward with the front porch construction, as the client was still working with a New Leaf Remodeling representative and meeting multiple times to discuss possible different layouts and design for the back patio, all while the client was still exploring the variance.  As the front porch was nearing completion, the client in April of 2023, informed New Leaf that it would not be pursuing the variance and no redesigned layout for the back patio was agreed upon by the client. 

  The front porch was constructed, built, and completed in accordance with the signed project proposal. A general cost breakdown with totals and charges has been provided to the client in reference to the materials, labor, and overhead for the front porch portion of the project. 

  With regards to the back patio, the client requested/ordered specific items from our suppliers that ultimately went unused when the back patio was not authorized by the County/Village. Unfortunately, some of these items (special orders or items cancelled by the client) cannot be returned and therefore are the clients responsibility to pay for.  All totals have been provided to the client. 
  

  The original project proposal that was provided, agreed upon, and signed by the customer on 6/23/2022 included allowances and project totals for the entire scope of work to be done. This copy was provided to the client for their records.  
  With regards to the installation of windows referenced by the client in their complaint, the client is requesting installation of living room windows that were discussed, included in the original scope of work, and ordered with their approval, but then cancelled by the client.  As the windows were cancelled by the client, we do not have any windows to install. 

  With regards to the unfinished drywall referenced by the client, they are requesting additional drywall work related to a pre-existing patio door that was removed by New Leaf Remodeling at the clients request.  The area where the door was,was re-framed by New Leaf at the request of the client to be a wall because the client wanted the exterior of where the door was to be sided by their siding company that was onsite.  The client was supposed to have a new patio door installed in a different location, but never decided on a door.  The door that was removed was a part of the original scope of work, but all drywall work was to be completed when the windows and the patio door that they could not decide on,were installed.  Because the windows were cancelled, the client never picked out a back patio door, and the back patio portion of the project did not move forward, the client was informed that they are responsible for finding a drywall contractor to complete their request.

  As the General Contractor supplying the labor,services, and materials, the New Leaf contract and project proposal meets the statute requirements. 

  Customer Answer

  Date: 07/27/2023

   
  Complaint: 20330636
  
  I am rejecting this response because:

  From the inception of the project, New Leaf agreed to obtain permits on our behalf and a signed contract was established for projects that we were lead to believe could be respectively performed by them.
  On, 9/29/22 the attached email was received by New Leaf indicating the permit request was declined for the back covered patio.  Multiple calls were made by us directly to the city about pursuing a variance and possible rezoning, however, the alternative options did not prove to be promising according to the city contact we had been given.
  On 11/8/22 we met with project manager, ************************  At that time he also requested a 2nd installment on the project.  Terms of the contract indicated a payment schedule as follows: Job Total: $126,746.75.  30% down pymnt, 30% due at start of work, 35%due at substantial completion of project (creation of final punchlist); remainder due at completion of final punchlist.
  At this meeting on 11/8/22 it was shared by us that while New Leaf Remodeling was requesting the full payment of apx $38k, given the fact that the back covered patio was not going to happen as we had initially thought, we expressed a concern on paying the full 30% on the noted contract,due to the full scope of the project not being possible.  New Leaf continued to share in possible options for us to consider, however, still there was no guarantee on what the city would view as a permissable solution. During the meeting a 3rd request was made for an itemized bill or a revised contract separating off the 2nd half of the project with the new total.  This would allow us to understand the true portion due. With this not being provided we released a payment of $10,000 which was accepted by Don.  It was also requested that both the windows and materials for the fireplace be cancelled due to there being no approved permit. See attached follow-up email as confirmation to this.  At this time, *** also expressed that the windows and the drywall needed to cover a pre-existing door that was removed during the front porch project, was included as part of the wrap-around front porch project which was approved by the city and already moving forward with New Leaf Remodeling.
  
  During the week of 11/28/22 we met with *** again to review possible options for the back covered patio. At this time, he also shared with us that the front portion of the projection that was in progress made up $61,000 of the total contract.  When an additional payment was requested on 1/20/23 to cover balance from the $38K requested on 11/8/22, again a call was made to the New Leaf to explain we would not be paying this full amount as based on the $61K quoted this would be more than what the total project cost.  On 1/25/23 we agreed to pay $10,250.00, which was accepted by ****  Total payments made at this time equaled=$59,720.01 and was centered around the total costs we were quoted to be allocated to the front portion of the project. This is further validated by the 6/9/23 attached email where the quote is referenced again and *** does not also dispute.
  
  On 6/21/23 we received a final invoice from New Leaf Remodeling (attached document).  In this final invoice New Leaf:
  Over-charges us by $15,927.43 based on the revised quote that was given to us by *********************** ($61,000 quote).  Balance Worksheet attached.
  Charging us for items that we requested early on to have cancelled after New Leaf was not able to commit to a project that was initially explained by them that they could perform.
  Does not fully credit us for incomplete items that were a part of the front porch project that was not completed (drywall & windows).
  We are requesting that New Leaf Remodeling stand true to their word on their revised quote that was given to us by their representative,Don.  Along with this, we are requesting credits on items 2 & 3.
  Furthermore, in accordance with the ** Attorney General (statute 770 ILCS 60/5) (chapter 82 par 5), ******** contractors are required to provide a sworn statement when requested by homeowners.  This list should include a statement of person/businesses furnishing labor, services, material, etc.  Additionally, details of the request must include under oath or verified by affidavit, the amounts paid, due or to become due to each, along with their addresses.  The complete statue can be found in this link:  *********************************************************************; The attached consumer rights flyer also speaks to this and was provided by New Leaf during contract signing.   A sworn statement was requested in writing on 7/11/23 and New Leaf responded indicated that they are not obligated to provide this information nor is it their practice to do so.  In a call to the ** ************************* they  have also validated this as a requirement and thus far New Leaf remodeling has failed to remain compliant with such statute governing contractors. We are requesting as part of this case that this outstanding requests also be satisfied.
  

  
  Sincerely,
  
  ***** & *********************************

  

  Business Response

  Date: 08/18/2023

  Dear Mr. ***** *********************

   

  New Leaf Remodeling (NLR) would like to start by saying that we provide a written proposal to all our customers as well as the Coronells with detail involved in the project.

  The one full price project that was presented to the Coronells spelled out all scope of work. This was also followed by a sit-down visit with the Coronells multiple times.

   

  The one full price project was including the front porch, back covered porch and 2-windows and 1-Patio door.

   

  The one full price project Contract that was signed by the Coronells included these items. Total $ 126,746.25.

   

  Understanding this, this project is not ***** nor is it *****. Its 100% total cost. The signed binding contract reflects this total number.

  There is no other signed document by NLR showing partial contract numbers.

   

  Response #1. There is No Proposal, nor a Quote signed , nor on NLR letterhead stating this number.

   

  Response #2. The Sworn statement is not a requirement in all professions. NLR has never delivered this nor will they provide this here on out.

   

   

  Response #3. There is no outstanding Punchlist.

  All windows ***** Door were cancelled by the Coronells and no other discussion or selections were made.

  The drywall is included in the total project which was cancelled.

  The exterior door that was filled in by NLR was and existing door that was removed so the Contracted siding company by the Coronells could finish their job.

   

   

  Response #4. The stone which was selected by the Coronells and communicated to them at the time of their indecisiveness had expired for return.

   

   

   

  What NLR is demanding for is the final invoice of $14,927.42 to be paid immediately. This invoice covered the labor and material on the front porch project only.

   

  Mechanical lien will be in order soon if this isnt handled.

  NLR is willing to provide this and all paperwork in the Court of law.

   

  Respectfully New Leaf Remodeling

  Customer Answer

  Date: 08/24/2023

   
  Complaint: 20330636
  
  We respectfully reject New Leaf Remodelings response for the following reasons:
  
  1.  Adjustment of Billed Charges: We insist on an adjustment of the invoiced charges to accurately reflect the originally furnished quote by *************************** amounting to the sum of $61,000 for the comprehensive front porch wrap-around project. This amount was provided by the Project Manager, ***, after the permit was declined, thereby impeding New Leaf Remodelings ability to fully execute the full scope of the project as outlined in the signed agreement.

  
  2. Provision of Sworn Statement: Pursuant to ************** Law, we again formally request the provision of a Sworn Statement as previously conveyed to ************************************* and *************************** on 7/11/23 via email communication and again reiterated to ********************** on 8/15/23.  Per the statute, it is incumbent upon a General Contractor (GC) to fulfill such requests in accordance with the ******** Compiled Statutes 770 ILCS 60/5. This legal obligation is further affirmed in the Consumer Rights Acknowledgement Form prominently integrated within our contractual documentation and was further corroborated with the ******** ************************ on 7/17/23.

  3.Completion of Final Punch-List: The interior drywall for the pre-existing door concealed for porch accommodation and the installation and finishing of the living room wall of windows, are to be addressed as live, unresolved items on the punch list.  The obligations are detailed on page 7 of 11 in the binding contract under section **** Drywall Materials & Labor and **** Windows.  While the windows were cancelled, credits were not provided for labor & materials on services that were not rendered.

  
  4. Credit for stone from ***********************: We had been informed that the cancellation of the stone order was addressed without an expressed financial responsibility by ***************************. The permit was declined in Sept. 2022 and New Leaf Remodeling independently made the decision to continue to order materials even after they were no longer able to carry out the project as outlined in the contract agreement. 
  
  It is of utmost importance to emphasize that, in the face of a denied permit for the latter phase of the project, we diligently explored alternative solutions that would align with our original design vision. We expressed reservations, however, regarding New Leaf Remodeling's suggested course of action, namely modifying the build subsequent to city inspections. Such an approach, aside from contravening municipal codes, raises ethical concerns and potential personal liabilities we were not willing to commit to.
  
  We remain hopeful that our response serves as a catalyst for constructive dialogue and an expeditious resolution.
  
  Sincerely,
  
  ******** & ************************;                         
  
  

  
  

  

  Business Response

  Date: 08/24/2023

  Dear **********,

  New Leaf Remodeling has responded to your concerns and will now move forward with Mechanics liens placed on the property and demand payment immediately.. Thanks 

  Customer Answer

  Date: 09/05/2023

   
  Complaint: ********
  
  I am rejecting this response because:
  We are responding to case #********.  To date New Leaf Remodeling has not fully addressed any of our outlined concerns related to our initial complaint.
  
  The items below remain unresolved and we are requesting our case be reopened by the Better Business Bureau.  With no change to New Leaf Remodeling's position, we are also requesting this case be moved to additional next steps to assist with mediation.
  
  Adjustment of Billed Charges: We insist on an adjustment of the invoiced charges to accurately reflect the originally furnished quote by *************************** amounting to the sum of $61,000 for the comprehensive front porch wrap-around project. This amount was provided by the Project Manager, ***, after the permit was declined, thereby impeding New Leaf Remodelings ability to fully execute the full scope of the project  as outlined in the signed agreement.
  Provision of Sworn Statement: Pursuant to ************** Law, we again formally request the provision of a Sworn Statement as previously conveyed to Ms. ***************************** and *************************** on 7/11/23 via email communication and again reiterated to ********************** on 8/15/23.  Per the statute, it is incumbent upon a General Contractor (GC) to fulfill such requests in accordance with the ******** Compiled Statutes 770 ILCS 60/5. This legal obligation is further affirmed in the Consumer Rights Acknowledgement Form prominently integrated within our contractual documentation and was further corroborated with the ******** ************************ on 7/17/23.
  Completion of Final Punch-List: The interior drywall for the pre-existing door concealed for porch accommodation and the installation and finishing of the living room wall of windows, are to be addressed as live, unresolved items on the punch list.  The obligations are detailed on page 7 of 11 in the binding contract under section **** Drywall Materials & Labor and **** Windows.  While the windows were cancelled, credits were not provided for labor & materials on services that were not rendered.
  Credit for stone from ***********************: We had been informed that the cancellation of the stone order was addressed without an expressed financial responsibility by ***************************. The permit was declined in Sept. 2022 and New Leaf Remodeling independently made the decision to continue to order materials even after they were no longer able to carry out the project as outlined in the contract agreement.  
  
  Please let us know if you require any additional information to proceed.
  
  
  Sincerely,
  
  ***** & *********************************

  

  Business Response

  Date: 09/05/2023

  NEW Leaf has No further comment on the homeowners request. Please see above comments from New Leaf remodeling.