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Bachman Builders IncThis business is NOT BBB Accredited.
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Complaints
This profile includes complaints for Bachman Builders Inc's headquarters and its corporate-owned locations. To view all corporate locations, see
Customer Complaints Summary
- 1 complaint in the last 3 years.
- 0 complaints closed in the last 12 months.
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Initial Complaint
Date:10/18/2022
Type:Service or Repair IssuesStatus:UnresolvedMore 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.
We executed a contract to purchase a home on March 11, 2021. The home was in early phases of construction when we purchased it (foundation poured, some framing complete). Included within the purchase agreement were signed blueprints, a specification sheet, window and door schedules, etc, all signed by David B******* my wife, and I. The purchase price was over $1.06 million.
We moved in on August 15th, 2021. Unfortunately, the house was in complete disarray. There was dust and dirt everywhere. There was paint on the floors and drywall stains on the front porch, garage, and in storage areas. The paint on the windows and steps was atrocious. There were large visible pieces of painter's tape throughout the house. The hot water tank was improperly installed. Exterior steps (that we paid extra money for) were not centered. There was a long list of items that added up to a lot of frustration. We were told that things would be fixed "in a timely manner" but they weren't. I attempted to contact the builder dozens of times and I was completely ignored for months, until I threatened to sue him.
Thankfully, the majority of the "smaller" issues have been resolved. Remaining are two material items that have been repeatedly mentioned to the builder, which he refuses to correct.
1. There are 38 windows in my house that do not match blueprints. Some are smaller than spec. Some are fixed and do not open. Others are missing entirely. An estimate to replace windows according to spec totals $149,363 and does not include re-applying trim or paint.
2. The kitchen island was made smaller than shown on blueprints. A quote to remove, reinforce and install a new countertop, per spec is $15,685.
These actions were deliberately taken to cut corners and save the builder money. This is unacceptable and illegal. To make us whole, I expect the dollar amount to make the windows and island per spec, be refunded to us a "change order". I also expect the exterior steps to be centered.Business Response
Date: 10/19/2022
The buyer purchased a spec home in March of 2021 which we
had started the previous year. The house was in mechanical stage, with framing
mostly complete. All window openings were framed, and the buyer was aware
that the windows had been ordered to fit the openings and were back ordered due
to Covid. The windows had been ordered months before, during the initial
bidding and pricing process, and the costs were part of the pricing for the
home. The plans specifically state in capital letter in the kitchen “REFER TO
KITHCEN LAYOUT”. The kitchen layout was furnished to the buyer. The size
of the island had been changed slightly to allow greater walking space to the
dining room. Since countertop slabs are 5’ wide, and we pay for the entire
slab, cutting a few inches off the slab did not result in any cost savings.
Also on the kitchen layout, but not the plans, was a double oven as well as a
different location for the dishwasher. By the time the buyer saw the
house, there had been other changes to the plans, including opening up the second-floor
hall to the great room below, resulting in increases in the rail and beams. The
laundry layout had also been revised, a coffer ceiling added in the master
bedroom (plans call for 8’ flat), and the addition of a retaining wall and a
side yard french drain system. The owner did not pay extra for these
items, they were part of the pricing of the home at that point as were the windows
and the kitchen cabinets. Neither the complaint about the windows or the
kitchen appear on the final walk-through punch list.
The home was professionally cleaned, and the final
inspection was passed by both the township and the owner’s mortgage company.
Access to the home for service work has been greatly
hindered by the health status of one of the family members of the owners. Nevertheless,
we have done more painting and drywall service work than we have for any other
clients, in 27 years of being a custom home builder, including painting of
walls smudged by young children. We continue to work with the owner in securing
access to the home to do follow up service work.
The front steps have been addressed. Site laid rough
faced stone is by definition not as exact as concrete and the steps are not
noticeably out of line in either direction.
The standard real estate contract has a clause for legal regress
and we welcome the process to deal with what we believe a year and a half after
the signing of the contract to be an attempt at extortion.Customer Answer
Date: 10/19/2022
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********* and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]Response to builder:
This scenario is precisely why contracts exist. A well written contract is black and white and not subject to hearsay or interpretation. As you have been in business for 27 years, you should know that you are contractually bound to deliver the house as stated in the contract, blueprints, and specification sheet. Conversely, I am responsible for paying the agreed upon purchase price. I lived up to my end of the deal and you have not. I'm tired of your excuses. How would you react if I unilaterally decided to change the terms of the contract and lowered the purchase price?
This is your contract. You wrote it. You cannot edit the contract in any way, without our written consent. We had no knowledge that the installed windows would be any different that what is explicitly outlined in the contract. I do not recall ever being told that windows were even on backorder. I certainly did not sign any change order approving 38 window changes or deletions. If you have such a change order, please share it with me. Regardless, I am not a builder. I do not know what the framing of a window is supposed to look like. I trusted you to follow the contract and you didn't. It is absurd to suggest that because I saw an unfinished house 5 months before completion, that I should have inferred that you would blatantly violate the contract and install 38 unapproved windows. Furthermore, if you truly ordered windows months before we signed a contract and set the sales price based upon that order, you should have disclosed those changes on the blueprints, so that we could fairly assess the value prior to purchasing the home. You didn't. That doesn't excuse you from your contractual obligation. What is important to acknowledge is that the changes that you unilaterally made, including deleting windows, making windows smaller, and making windows fixed instead of casement, all saved you money. And now, based upon an estimate from a reputable vendor, the replacement cost to make these 38 windows according to spec is $149,363, excluding costs of framing and painting.The kitchen layout that you described was furnished to us. We edited it and we all signed the layout, to accommodate a larger counter-depth refrigerator that we wanted. The rest of your claims on this topic are incorrect, however. The blueprints are overhead only and do not show location or number of ovens at all. The only versions of any kitchen cabinet layout that we ever saw, include the one we agreed to and executed, always showed double ovens. Additionally, the kitchen cabinet layout does not give any dimensions for the kitchen island anywhere. However, the blueprints clearly show the kitchen island dimensions to be 10'3" X 5'0". You changed the width of the island, and made it 51" instead of 60" without our approval. Your argument that making the island smaller did not save you money is completely false and is another blatant lie. The vendor verified that in order to accommodate a width of 60", additional cabinets or supports would need to be added to the island. At a width of 51", these were not required. We gave you ample opportunity to correct this before the 51" width island was installed and you refused. Now the cost to remove the existing countertop, add supports, and install the appropriately sized countertop is $15,685.
I do not care if this house was a spec house prior to our purchase of it. It is irrelevant. Your job was to follow the contract. I moved my family 1000 miles away, I spent over $1 million, I have a sick kid at home, and I don't have time for your nonsense anymore. The front steps have not been addressed. The top step was installed off-center and has never been addressed or corrected.
There was a period of nearly 6 months after we moved into the home when you didn't respond to any of my phone calls, texts, or emails.
You had plenty of time during that period to correct the hundreds of issues on the interior and exterior of the home in a "timely manner". Instead you chose to wait until after the one year anniversary of our purchase to lump all vendors into a 4 day window to save yourself the cost of multiple service calls.
The process of buying a home and moving closer to extended family should have been an enjoyable and exciting experience. Instead, you made it miserable. I refuse accept shoddy workmanship or unapproved changes to our contract. I refuse to allow you to steal from me. I refuse to allow you to treat anyone else the way we have been treated. I am not trying to extort you. I am simply holding you accountable to the terms of our contract. I am also giving you an opportunity to settle this out of court. Legal action is potentially time consuming and costly for both of us. As previously mentioned, it is likely to be much more costly for you because the terms of the contract are crystal clear and if a court finds in my favor, you could have to pay up to three times my damages as well as my attorney's fees and your own. You are not leaving me any reasonable alternative. Actions will proceed as previously outlined.
Regards,
****** *******Business Response
Date: 10/21/2022
A little over a month ago, after completing the closing punch list, performing a lot of service during the first year, and completing an extensive one year drywall, trim and paint touch up, this client blackmailed me. He threatened that unless I gave him a check for $150,000 he would “defame” me. We will continue to perform reasonable warranty requests for this client, but we will not be extorted to pay for construction design adjustments made before he purchased the home. We have been in business for 27 years with hundreds of recommending clients and high BBB ratings, and we will continue to treat our clients with integrity.
David B******
B****** Builders, Inc.Customer Answer
Date: 10/21/2022
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]Response to builder:
You are either delusional or out of touch with reality. Whatever lies you choose to tell yourself do not justify your actions.
This is very simple: THE HOUSE THAT YOU BUILT DOES NOT MATCH OUR EXECUTED CONTRACT. How do you explain that to me and how will you explain that to a court of law?
Here are a few facts:
1. I paid over $1.06M for a house.
2. You knowingly installed 38 windows and a kitchen island that do not match our contract.
3. The cost to replace the windows according to spec is $149,363, excluding trim and paint. The cost to replace the island per spec is $15,685.
4. I never agreed to any "construction design adjustments". You made these change on your own, and now you are expected to pay the cost for the house to be brought up to specification.
Your actions can be described as fraud, or a bait-and-switch, or breach of contract. In any case, I made every attempt to solve this dispute out of court. As a part of those attempts at mediation, I told you the cost of my damages and what my expectations were to avoid a legal battle. That is not blackmail and it is also not extortion. Rather, it is me holding you accountable for your portion of our contract and providing you an option other than litigation. So you're welcome for the opportunity to take corrective action. Unfortunately, you have made no attempt to settle this out of court and are leaving me no other reasonable option.
Very transparently, I told you that there will be repercussions if you elect not to settle our contractual dispute out of court. As mentioned, the Commonwealth has a Consumer Protection Act that may require you to pay up to three times my damages, as well as my attorney's fees. Paperwork has already been filed with the Office of the Attorney General. Additionally, I plan to file a report with the police citing fraud, and seeking criminal charges against you. This is not going away. I will not back down. I will not allow you to get away with stealing from me. I also will not allow you to ever do this to anyone again.
I have no intention of engaging with you in any more meaningless squabble. If you wish to discuss out of court settlements, please contact me. My hope is that you will express some foresight and realize that this ends much worse for you if a lengthy legal battle ensues. Until then, I will proceed as previously outlined.Regards,
****** *******Customer Answer
Date: 11/30/2022
Hello. Thanks for inquiring. The builder refuses to acknowledge any wrongdoing. This is simple. He did not follow our executed contract and substituted or deleted 37 windows and decreased the size of our island without our consent. He also refuses any attempt at mediation and is essentially daring me to pursue legal action.
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