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:01/17/2024

  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.

  C. MIrabella and Sons and I signed a contract for a full exterior renovation of my house on October 17th 2022. Work to replace the windows (the first task) started the week of May 2nd 2023. Work on replacement windows ended on May 10th 2023. C Mirabella and Sons did no further work on the house, except for doing a sketch for the front porch and pulling a building permit for that same porch. Between May 22nd 2023 and now I have been working to (at first) get the project moving again, but after months of no work on the house we (C MIrabella and Sons and I) decided to begin to close out the project and eventually terminate the contract. We had worked through an agreement to get a refund payment from C. MIrabella and Sons to me, along with providing reordered windows for some of the installed windows which were incorrect, or shattered when delivered. As well as returning to the job to do debris cleanup (old windows were left behind and debris was left throughout the house) The refund was delivered to me, however the reordered windows and debris cleanup hasn't been. After some delays from the window vendor it was decided to do an additional refund instead of waiting on the order. The order was canceled and an additional refund was agreed on (week of December 4th 2023) I have yet to receive the additional refund, and I have yet to successfully have C. Mirabella and Sons return to perform the worksite cleanup. Though we did have a scheduled date for both a couple weeks ago (January 8th 2024) I am asking that C. Mirabella and Sons either provide the additional refund and perform the cleanup OR alternatively, I have offered to do the cleanout myself with C. Mirabella and Sons paying the fee for a dumpster

  Business Response

  Date: 01/18/2024

  Hello, I'm writing this as a response to the BBB complaint filed by *** ********* There as several untrue notations in this. complaint and only tells selective details of such. The amount being disputed is $1,501.90. This contract was terminated solely by the customer, *** ******** made the decision to do so because there were extended wait times on products, and I was also suffering from a worker shortage which is no secret or rarity in this time. Against my better judgement, I absorbed over $6,500 in restocking fees of materials that we're already purchased for the project. As per the attached contract, in reference to line item #15, *** ******** should've been responsible for such. I absorbed these restock fees in attempt to apologize for the delays that were out of my control. It is of the upmost importance to myself, and all staff that the ending result is that we did all that we could for our customer to be happy and satisfied. The additional windows were only supposed to be for four windows and after some time *** ******** made claims that there were two additional windows that he alleged were "ordered incorrectly". So once again, I gave into his requests and added to the refunded amount. The debris clean up was originally scheduled for the #rd of January but we missed the appointment on our end due to an accidental scheduling error on our schedulers part. We apologized as it was out mistake and rescheduled for the following week, which had to be delayed as over 50% of our staff had positive COVID 19 with symptoms. So following sickness delays, we have the current week with single digit temperatures where we have taken the precautions the safety of our employees to schedule them for inside and climate controlled projects. Also there is much debris that is not pertaining to our project that is being requested to be disposed of, and as another goof faith attempt here, we will do so. I will not be providing a dumpster for *** ******** to dispose of things himself. I have to lookout for the safety of our staff as the number one priority.  We spoke with *** ******** Monday and notified him that the check, would be in the mail this week. I view this complaint to be a blatant attack of my livelihood and a very unsupported one at that. I have went above and beyond to financially absorb as much as possible to make it up to *** ********* We have always and continue to have the fullest intentions to follow through with our obligations here. Its a shame though that after giving into *** ********s requests on Monday, he decided to fraudulently attack my business mere days later. The replacement window sashes are also in and ready to be delivered. 

  Customer Answer

  Date: 01/22/2024

  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.
  
  In response to the last response from C. Mirabella.
  
  
  First I will agree that I initiated the termination of the project, however this was after C. Mirabella "gladly" offered a refund after I asked if they would be able to support my project. (please see the july19th* text messages attached). This was why I had said that we "agreed" to a termination in the original complaint, I did not see this as a hostile termination.
  
  
  Second, the six misordered windows that they claim I made up. Four of the windows that they should agree with are: 2 that needed to be tempered for bathroom use, and 2 that needed to be tempered for stairwell use. This is for building code compliance. The 5th and 6th windows were windows that had been installed in a bedroom, they were obscured windows, but they should have been clear glass. I mentioned this is a text and C. Mirabella then responded that they were already being taken care of to get swapped out, and they weren't sure how the mistake was made. (see may9th* text image attached).
  
  
  Last, the claim that I am asking for debris to be cleaned up that is not related to the window work is incorrect. This debris cleanup was part of our termination agreement, and both the debris cleanup and reordered windows were mentioned as something C. Mirabella was aware of in an email from Sept 25th (see email pdf attached). I am requesting that C. Mirabella remove the window related debris (old sashes, trim, panes of glass).
  
  
  I did not intend this to be an attack on anyone's livelihood, and I have not said anything fraudulent. However we did have an agreement to close this project out, and I do expect that we all follow through on this agreement.
  
  Regards,
  ******* ********