Complaints

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• Initial Complaint

  Date:07/20/2022

  Type:Service or Repair Issues
  Status:

  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 contracted Flannery to pour a concrete slab, which included engineered prints from the builder of the pole building. These specifications were not met, and the slab also incurred severe rain damage before the slab was finished. The slab was poured on June 24, 2022 in the Crandon area. There are structural cracks, finish cracking and pitting, no finish in spots, bucket marks in the finish, and concrete in the drains. The front wall overall dimension was 1-3/4" oversized and that offset the garage door approach from being centered on the wall. This also caused squareness issues. We have tried to contact them multiple times via phone and text only to find voicemails are full and messages left at the office are not returned. The couple of times we were able to speak with them, they were rude, insisted the finish was perfect, they said there was no concrete in the drains and the crack in the side of the thickened edge did not exist. We contacted their insurance agent and were told it was covered under their policy and the agent would contact them as he needed approval before filing a claim. The contractor said they would file a claim provided we could get our builders opinion on the slab, The builders response was we would need to sign a waiver voiding our 50 year warranty. However, the builder's opinion is not relevant. We contacted them, not the builder and the slab was severely damaged by rain. When we told the contractor the results of the conversation they said it still wasn't enough to file a claim. After that, we found a structural engineer to review the cracks. At that time they said the top surface crack was also structural, including the one in the side of the thickened edge. We also incurred property damage to our blacktop driveway, a tree and driveway culvert. The bill was also submitted incorrectly. The quote included the tax and they took that total amount and taxed it again. This delay has caused multiple issues. See attached pictures.

  Business Response

  Date: 08/02/2022

  see attached

  To whom it may concern,

  **** ******* hire Flannery to pour a slab — Mr. ******* also hire a building inspector to watch over the pour.

  We always pored the slab with t.he inspector on site. After the pour it dld rain and Flannery took all precautions needed.

  Mr. ******* stated Morton Builder would not build on the slab- at no time did Flannery Received a letter from Morton builder stating any, problem with stab. We asked Mr. ******* to provide a letter from Morton Builders- we received nothing.

  In our opinion and the Inspector, the slab is poured to spec and Mr. ******* needs to start building

  Customer Answer

  Date: 08/10/2022

  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.
  

  Once again you keep referring to getting a letter from the builder. They can build on anything, but they will not warranty it or
  be liable because of your concrete having structural cracks at load bearing
  points. You are not taking accountability for your work, so why would they. So, unless you plan to warranty the slab and the building and prove to me you can
  cover the entire project matching their warranty of 50 years, we cannot build on this slab. No one in
  their right mind would put a new building on this slab and void their warranty.

  
  
  

  As to the inspector statements. The inspector was not on
  site when you poured. He asked me to take pictures right before the pour to add
  to his report, which I did. He had to go to another site and couldn’t wait for
  you to correct the rear drain height that was 1” to high, forcing you to remove
  the 1” of sand to maintain the 5” slab thickness. You also had to remove the
  rebar and dig out the drainpipes to compact everything to print like I had
  requested you do several times prior to that day.

  
  
  

  I find it disturbing as to why you have a letter
  addressed to me that should be an inspection report with my pictures from the inspector I
  hired.  

  I also find it disturbing that neither the inspector nor the crew had the builder's engineered drawings in hand at the start of the project showing in detail what needed to be done. These were given to you prior to quoting the project and I asked you to sign and email the copies of the prints back to me to make sure you had them.  This resulted in a setback because the grade beam depth was cut to 12", not 18" as noted on the print. Neither of you were aware of this. I caught the discrepancy after I measured their work at the end of that day.

  
  
  

  You also stated everything is to print, but when I asked two
  different structural engineers, they said a tolerance of +/- 1/4” for the wall length which
  means you are closer to being 2” off. The other three walls measure within that range meaning it can be done. You said you would cut the edge off
  to make it to size and the inspector said that should not occur. I have this in
  an email.

  
  
  

  When I told him of the crack in the side, he said in an email it looked like
  a footing was poured then a slab on top of that. Here’s the problem with that. As the inspector, he should have known the print showed that it was to be done in one pour. In addition, both of you asked me if you could do it and I told both of you no, it needs to be per the print.

  
  
  

  I have another email in which the inspector states he is not qualified
  to assess the crack. He said I would need someone else to assess it. I have contacted two structural engineers that both agreed the slabs
  top surface crack and the one in the side are structural and the finish
  needs to be removed and repaired to avoid further damage. They
  also stated the slab looks terrible and would not build on it.

  
  
  

  You stated you took all precautions which is also not true.
  After researching rain damage, I found contractors will not pour if they know rain
  is possible, and even if it isn’t going to rain you should be ready to protect
  the concrete with plastic. Why? Because it will damage the concrete. I even
  mentioned to you while you cleaned up the pumper that rain was coming. The slab
  wasn’t ready to be covered nor was it covered. I have pictures. I was also told by a contractor that what you did to try and
  salvage the slab results in what the slab looks like now in the pictures. 

  
  
  

  I also never asked the inspector to discuss anything with
  you. I asked him to encourage you to work through this with me because you
  would not call me back. I also have this in an email. 

  You also failed to
  address the seven other items the inspector noted in his letter (not an inspection report) by suggesting they are workmanship issues and not structural.  Yet he stated in an email to us, " If you wish to have further confirmation you will need to find someone who can check the density of the concrete and the actual severity of the crack. I am not qualified to make those determinations". Yet he stated in his letter "The issues listed do not compromise the integrity of the concrete grade beam slab". He also stated on Sunday morning when he came back to evaluate the slab after the rain, that he wanted to wait a week to file his report because he felt the heat would crack the surface, which it did.  He also said at a minimum Flannery would have to give us a warranty for the surface issues.

  
  
  

  We have not heard from your insurance agent regarding
  the other property damage we incurred either.

  
  
  

   Please, let’s move on and approve the insurance claim for
  everything.  We have already spoken with your agent, and he said he can submit a claim as it is covered under your policy. 

  
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