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:06/19/2022

  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.

  ******'s Contracting was hired for excavation work. We paid over $10,000 and he did not return to finish the job. We believe we are victims of home improvement fraud.

  Business Response

  Date: 07/05/2022

  To Whom It May Concern,
  
   
  
  Babsons Contracting and ************* entered into a contract with ************ on 5/15/22.  The client was presented with an estimate for $20,425 with an itemized list of work and materials needed for the job.
  
   
  
  The terms of the estimate were, a deposit of $12,000 due at signing, when we were 3/4 through the job a $6000 payment would be due, and the remaining of the $20,425 and any unforeseen extras, when complete.
  
   
  
  Despite requesting a $12,000 deposit on May 15, 2022, the client only paid a $10,000 deposit (check numbers **** and ****). With the balance to be paid 3/4 of the way through the job and continue as written in the estimate. The client agreed to the terms and signed the contract.
  
   
  
  A $10,000 deposit had been paid, which was half of the original estimate. When the job was half complete, I requested the $2000 that had not been paid from the original deposit. The client refused. I explained to the client that we would not be back until the $2000 payment had been made.
  
   
  
  On June 20, 2022, I went back to the property to check on the work and found that the client had rented their own excavator and was doing their own work.  At that time, my attorney advised me to reimburse the client $100, as that was the unused portion of the original $10,000 partial deposit. That check was sent out on June 27, 2022, via certified mail.
  
   
  
  ************ has been made whole by the $100 check reimbursement toward the work we already completed. They had rented their own excavator and have been doing their own work without professional oversight. I am no longer willing to go back on the site and work since the terms of our original agreement were not honored.
  
   
  
  Signed,
  
   
  
  *********************
  
  Babsons Contracting and *************

  Customer Answer

  Date: 07/19/2022

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********.

  The response received from ************************** on 7/6/2022 includes statements that are false and/or misleading. As of today, 7/19/2022, we have not received a refund from ************************** or heard from any attorney claiming to represent him as he stated we would by 6/19/2022.

   We have hired legal counsel and determined that we are victims of home improvement fraud. The Office of the ******* Attorney General has been notified and a police report has been filed. ******'s Contracting and ********** LLC currently owes us a refund in the amount of $6500 (after subtracting the amount of $3500 for the work that actually was performed from the $10,000 deposit that was already paid).

   This amount owed, $6500, does not include the legal fees that are being incurred as we had to hire an attorney or the amounts that have been paid to other licensed contractors to complete the work ************************** refused to complete after being paid the $10,000 deposit.

  At this point, all of the work ************************** was hired to perform has been completed by other licensed contractors and we will not be seeking to work with him or his company on any future projects. The only acceptable remedy is for ************************** to refund the portion of the deposit in the amount of $6500 that is owed to us. If he chooses not send the refund, then we will be forced to seek additional damages from him in court.

   
  Regards,

  *******************

  Business Response

  Date: 08/03/2022

  To Whom It May ********
  
  In response to Ms. ***** response dated 7/20/22.  Attached please find the **** tracking information for the letter and refund that was sent via Certified Letter on 6/27/22.  After several attempts to deliver, the postal service returned the letter to sender.  I have been in contact with the ************************ and have given them all my evidence.  Including: copies of our original signed contract, pictures from the jobsite, and pictures of the homeowner doing his own work. Should the ** office reach out for additional evidence, I will be happy to show them the returned Certified Letter and pictures of the jobsite dated 7/25/22, that show the job had not been completed by the homeowner or a professional as asserted by ************ in her ongoing complaint.
  
  If ************ should continue to make false accusations, defame and harass my company via BBB and the **s office, I will retain a lawyer.  The BBB stated in the first complaint receipt, that Ms.***** claims will be made public on their website.  If this is the case,I will have no choice but to *** her, for any recourse my attorney deems necessary.  ************ refused to pay, I refused to continue working until payment was made, as per our signed agreement.
  
  I look forward to the opportunity of having a mediator or judge review my: signed contract, pictures and ongoing evidence versus her claims.  It will show that the ************ has set upon a willful use of the system to extort a small business.
  
  Signed,
  
  *************************