Complaints

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• Initial Complaint

  Date:05/13/2023

  Type:Billing 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.

  As stated in my cancellation letter to Avsten Construction, I was given a very strong reason to believe that my insurance company and I were about to be taken advantage of, due to the fact that I agreed to a specific amount of roof work to be done for a specific price, which my contract will confirm, and was later blindsided with an inflated price!
  I contacted Avsten on 4/13/2023 to confirm our contract and installation for 4/17/2023. It was at that time I was informed by Avsten that the contract had been changed without my consent, and when I asked why? I was told that they left items off of the job, which nearly doubled the cost, from the original contract $14,632.76, to over $21,000.00.
  I immediately instructed Avsten to put the job on hold until I consult with other professionals in the industry to get quotes for the same job, and they all confirmed that even though 14,632.76, was still at the high end, it was closer to a realistic quote for this job, which also confirmed to me that I was being taken advantage of, and that this was an unprofessional and unethical practice, especially the way in which I learned of the price hike!
  Avsten, should have contacted me, the same way I contacted them, to get a signature as confirmation of any changes, in which I would have stated "NO THANK YOU!"
  
  And even now, after asking for a full refund of my deposit ($3,538.00), due to lack of trust of Avsten, and it's unprofessional and unethical business practice in my case, they continue this inappropriate behavior, by attempting to (EXTORT/BLACKMAIL) me for the return of my deposit, by refusing to return my deposit unless I sign an agreement stating that I will not speak of my experience with Avsten, which is my legal right to do. And it is also my right to request the return of my deposit under these circumstances!
  
  And as of this day 5/13/2023, they are still refusing to return my deposit (3,538.00), even though no materials have been accepted, and no work has taken place!

  

  Business Response

  Date: 05/26/2023

  Mr. ***** ***,
  CC: BBB
  I would like to start by saying I am truly sorry that you
  feel this way.  We understand that
  through this claim process regarding the damage to your home, things could have
  been misunderstood. As a homeowner, this is not something you probably have to
  go through very often.
  On 8/31/22, you reached out to Avsten Construction to
  request services.  On 9/1/22, one of our
  sales representatives came to your home for a scheduled meeting.  You informed us that you believed you had
  storm damage to your home, and you voluntarily signed a service agreement with
  Avsten Construction to start the repair process. On 9/16/22, an Avsten
  representative met with your insurance adjuster, as you called us to inform us
  of that scheduled appointment.  Your
  insurance company requested that your roof be repaired, and not replaced.  Avsten and it’s representatives could not
  identify the existing shingle manufacturer.  Avsten asked you, and State Farm how to proceed.  State Farm requested for a shingle to be
  removed from the roof so that it could be sent to a 3rd party
  company for identification.  An Avsten
  rep then came out, pulled the shingle and installed a tarp on the roof in the
  area where the shingle was removed to prevent any leaking.  Once the insurance companies 3rd party identified the shingles, we schedule a time with you to come out and
  replace all of the damaged shingles on 10/7/22, as requested by you and State
  Farm.  The shingles installed, were Owens
  Corning Onyx Black.  After completing the
  repairs, Avsten documented and took photos of the repair.  You were not happy with the repairs, as they
  did not match, so a full replacement request was sent to State Farm.  After Avsten sent the documentation to State
  Farm and communicated with them over the phone multiple times, State Farm
  agreed to a full replacement on 10/17/22.  After Avsten received a copy of the State Farm replacement estimate, the
  Avsten rep again met with you on 11/3/22 to go over the estimate and enter into
  a formal contract for the replacement of the roof.  During that visit, the Avsten rep went over
  the estimate and noted multiple missing roofing components within the estimate.
  These missing components were critical components in regards to your roofing,
  interior, and structure (for example a full replacement of the OSB underneath
  the shingles that was not up to building code requirements).   We explained to you that we would be sending
  more documentation back to State Farm, which is known as the “Supplement
  Process”.  We also noted these
  supplemental items on the contract in writing, and is also explained in the
  contract that that would of course change the price as items would be added
  upon approval by State Farm.  Next to
  those noted items on the contract, you signed your initials stating you
  understood the supplements and price changes.  On 11/4/22, our estimator, ******, in the office, called you and went
  over her supplement estimate and the price differences.  After speaking with you, she sent the
  supplement to State Farm and copied you on the email at 9:49am.  After ****** went over all of the supplements
  with the State Farm adjuster via multiple follow-up emails and phone calls,
  State Farm revised their estimate to include the requested supplemental items,
  with the new total APPROVED by State Farm in the amount of $23,360.44.  On 12/6/22 at 9:08pm, we received that copy
  of the State Farm estimate via email from you.  On 12/15/22, we notified you that the revised estimate finally included
  all of your roofing and interior components.  We also informed you that we needed to wait until the weather was above
  40 degrees to install, due to manufacturers guidelines.  At that time, you confirmed that you understood
  the scheduling, and Avsten then ordered the materials and stocked them in our
  warehouse.  A few nice days came and went
  in January, February and March, but each time we tried to schedule the install
  with you, we were told you wanted to wait until spring.  On April 3, 2023, you then stated that you
  were not happy because you were not informed of the supplement process and/or
  price changes and/or work order changes.  You also asked the owner of Avsten if the job could be done for a
  cheaper cost.  All of Avsten’s
  supplemental estimates were written with the same estimating software that
  State Farm uses, and these costs were verified (and approved) by your insurance
  adjuster. Avsten’s owner informed you of this being the reason our price would
  be exactly what was approved by your adjuster.  You then said you would like to get bids from other companies.  The owner stated that he understood, and also
  asked that you provide the other companies with a list of ALL of the components
  that needed replaced, so that you would not be provided with just a generic
  shingle bid.  Avsten also asked to see
  the bids, so that we could make sure they were quoting replacement of all of
  the components, and not reusing items, such as flashing's, ventilation, etc.  You then called the owner of Avsten back and
  stated that you found someone cheaper, but would not elaborate.  You then demanded a full refund.  Avsten’s owner explained all of the costs
  incurred during your repair process (labor and materials), and administrative
  hours fighting for you to get a full replacement of your roofing and interior,
  instead of just repairs.  Avsten never
  asked for you to pay a dollar over your deductible. Avsten did not extort or
  blackmail you.   Avsten did not take
  advantage of your insurance company simply due to the fact and Avsten
  Construction and State Farm came to an agreement on a price that was in between
  Avsten Construction’s estimate and State Farm’s estimate as what is owed to
  restore your property to “pre-storm condition” and bring it up to code. 
  Yes, there are companies that will do it for “cheaper”.  Some other companies also reuse components,
  cut corners, do not provide warranties, and use minimal quality products.   If Avsten were to “do it for cheaper”, we
  would have billed your insurance company for exactly where the corners were
  cut, and fully disclosed all changes.  The job cost on insurance claims is ALWAYS the cost approved by
  insurance. To do it for “cheaper” than what the adjuster approved is insurance
  fraud.  Avsten is a member of the
  American Policyholders Association and we fight for hundreds of homeowners
  every year to make sure the repair process is done properly per building code
  standards on each and every project.
  We handle help numerous amounts of customers work with their
  insurance company per year to make sure that each and every customer receives a
  full roofing system on every install. If you contact different insurance
  companies, I am sure that each and every one could explain the “supplement
  process” as stated above. This is a common practice in our industry and should
  not be labeled as” Fraud” or “Taking Advantage” of a customer or insurance
  company. We use the same industry pricing software as 95% of insurance
  companies, a change in total price would reflect the additional items added to
  the original estimate that were not included on the original insurance estimate
  
  Sincerely,
  Donovan M******
  Owner
  Avsten Construction

  Customer Answer

  Date: 06/01/2023

  Better Business Bureau:
  
  
  
  I have reviewed the response made by the business in reference to complaint ** ********, and have determined that this does not resolve my complaint.  For your reference, reasons for rejection are included below.
  

  I've already had this conversation with the owner of Avsten,
  and as I explained, I was told by the sales representative of Avsten, that
  there was no charge for the process of working with insurance companies to
  submit a claim. It was part of the process in giving a free estimate, so
  whatever the process is to submit a claim, it also is part of the free estimate
  as well. So if the process requires removing shingles, testing shingles, or
  working with the insurance company in any way, then that's between the
  requirements of the insurance company an Avsten.
  I was informed by the sales representative that this entire
  process was part of the free estimate, and that I would not be charged for any portion
  of this free estimate, which every roofer does when working with a customer and
  their insurance company, which is why it's called a (Free Estimate). So if I
  were to be charged for any portion of this process, I should have been informed
  that the estimate was no longer free, and given the option to move forward or decline.
  I also did not acknowledge any correspondence emails due to
  the fact that I would be contacted by the estimator ******, by phone whenever
  Avsten had questions or needed information, with the one exception of course,
  where the price was changed, and cleverly unmentioned, until I questioned it. And
  at this point, the contract was already signed and established, waiting for
  scheduling.
  And as for (fraud), It is very fraudulent and unethical of
  Avsten, or any other company to establishing a contract at one price
  ($14,632.76) claiming that everything will be up to code, and later attempting
  to manipulate the insurance company and the customer, claiming that now
  ($23,360.44) is needed to meet code, especially when other contractors can meet
  code for under ($14,632.76).
  So if ($23,360.44) was truly necessary to meet ode, then why
  would Avsten ever agree to a contract of ($14,632.76)? This is fraudulent and
  unethical, or incompetent at best, but either way, this isn't a company that
  can be trusted.
  Furthermore, I was informed by my insurance company, that I
  am solely responsible for the company that I choose, and that they (my
  insurance company) would not partake in any aspect of the process,
  including hiring, coordinating,
  follow-ups or disputes. 

  The only resolution offered by Avsten, is the extortion letter, to silence me. I still have not received the return of my deposit ($3,538.00), 

  
  Regards,
  
  
  
  ***** ***