Complaints

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• Initial Complaint

  Date:11/12/2023

  Type:Product Issues
  Status:

  UnansweredMore 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.

  In May 2022, my husband and I paid this contractor $250 to (as he put it) "get your name on my list."On 11/4/2023 my husband emailed this contractor, informing him that we put our deck replacement project on hold because of a series of serious health issues he had, including being diagnosed with a progressive medical condition, having unrelated surgery, and experiencing a devastating amputation after an accident. He explained that during this time, upon reflection, we decided a composite deck would be a better fit for us rather than a raised patio, and asked that the $250 be refunded to us.This contractor responded by saying, "I faithfully contacted you as per hour [sic] agreement when I was ready to do your job and I got no response anywhere at least three times. I'm sorry I cannot refund you [sic] deposit." However, I have all the emails to and from ELD Masonry. He did not contact us "at least three times" when he was ready to do our job. The last time he contacted us (before he responded to our request to refund the $250) was on 12/3/2022, when he asked if we "decided on exactly what route you want to take with the backyard." He never informed us when he was ready to do our job.I regretted paying the $250 right away because in all the years I've dealt with contractors, not once did any of them ask for money to "get your name on my list."I'm a senior citizen; my husband and I are retired and live on Social Security and a pension. While we do have some savings, we cannot afford to give someone $250 for doing absolutely nothing. We did not sign a contract. His business is not a charity; therefore, the $250 was not a charitable donation. He has chosen greed over compassion. He has burned his bridges by not refunding our $250 because we need other masonry work done, namely our basement. We certainly won't recommend him to anyone wanting masonry work. All of the aforementioned does not make for a good business model.

  Customer Answer

  Date: 12/14/2023

  I contacted my Pennsylvania General Assembly senator and representative, asking them to amend Pennsylvania's Home Improvement Consumer Protection Act (HICPA) to prohibit contractors from doing what this contractor did – asking for money in order to be put on his schedule and not willing to refund the money for a legitimate reason, especially since the money was never meant to be a deposit for work to be done, and no contract was signed – because it is financial exploitation.
  
  The person I spoke to in my state representative's office said that what the contractor did sounded like a scam. The person in my state senator's office said the scheduling fee practice I was subject to already constitutes a violation of the HICPA, specifically, section 517.9 Number 9, which outlines prohibited acts:
  
  (9) Demand or receive any payment for a home improvement before the home improvement contract is signed.
  
  Meaning the scheduling fee without refund was illegal under the HICPA.
  
  They referred me to my county's District Attorney's office. However, when I called the DA's office, I was advised to contact my township's police department.
  
  I don't believe this contractor knowingly violated the HICPA. Therefore, I am willing to refrain from going to the police if this contractor does the right thing.