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:01/29/2025

  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.

  My business ********************, and the associated holding company, *******************, hired Sunnyside Builders to build a commercial property at ***********************************, **. The contractor committed multiple violations of his contract. Contract was signed Mar 2023, loan closed Mar 11, 2024 Violations include multiple changes of building design without approval or valid change orders, changing the orientation of the building on the site without following proper channels, leading to DNR violations, and installation of faulty equipment If we are able to resolve without litigation, we are willing to forego correction of the building design and agree the problem is resolved if the faulty equipment is replaced. This is our priority because of the disruption to events and day to day operations The faulty equipment in question are the lights in our arena. We were not given the opportunity to choose or approve the lights installed, and the product in question is of exceedingly poor quality. Despite repeated requests for manufacturer information, the contractor did not supply it, so I borrowed a ladder to reach the lights (16' ceilings) to gather this information. Simple research shows that consumers consistently report the lights fail within a year. Link can be provided but is too long for this box Fixture failure began on Jul 1, 2024. On Nov 14, 2024 I identified a systemic issue with fixture failure and requested they be replaced. Sunnyside refused. On Jan 12, 2025 I contacted again regarding continued and escalating systemic issues and reiterated the need to replace the fixtures. Sunnyside refused. On Jan 24, 2025, I once again contacted them with continued failures and told them continued refusals will result in me having to escalate actions. Sunnyside indicated they would not replace the fixtures and advised me to contact "whoever you think is responsible for your legal side". Contract is available but too large to attach

  Business Response

  Date: 02/18/2025

  **** ************************* has no record of ever performing any work on behalf of ****** *****, ********************, or ********************  We believe Ms. ***** has mis-identified **** Earthworks as her contractor, as she clearly states in her complaint that the work was completed by Sunnyside Builders not by ***********************  It is indicated in your complaint that there was a contract available but **** ************** has no record of any such contract with you.  We invite you to contact our office offline to discuss further.  Thank you.

  Customer Answer

  Date: 02/18/2025

  I contacted the BBB regarding the issue, stating that I did not have a contract with ************* and Design, but instead Sunnyside Builders. BBB advised me it was the same company.

  Apparently there is some confusion regarding which company I have the actual contract with, because the letterhead information on the contract, which directs to Sunnyside Builders, is not the same as the name placed on the contract, which is Sunnyside Construction. I have a lawyer reviewing this at the moment. I have attempted to attach the contract here, but can't compress the file small enough to attach it. Instead, I am attaching a screenshot of the first page of the contract. Please let me know if there is a way to send the entire contract.

  Business Response

  Date: 03/03/2025

  Customer misidentifies the Contractor with whom she contracted to complete this project.  Contractor, Sunnyside Construction & Concrete,Inc., collaborated with the Customer to build a beautiful commercial building.  The building was constructed pursuant to a Contract executed by the parties.  The project was completed on time, within the budget, and the Customer paid Contractor in full for all work performed.  All changes to the building completed during construction were completed with the approval of the Customer to meet the allowances provided in the Contract as well as site and soil conditions.   This building was fully inspected and approved by the manufacturer as well as all local and state building officials.  The Customer did not have any complaints when the construction project was completed.

  The Customer has not provided any information to support the alleged violations and/or faulty products.  After construction was completed, the Customer experienced four separate failures of overhead LED light fixtures.  Each fixture was replaced under warranty and an additional fixture was provided to Customer at no charge to address any future failure.  No additional failures or faulty products have been reported by the Customer.  There are no systemic electrical issues related to the project per an inspection by an electrical subcontractor.  Contractor has satisfied all obligations under the Contract.  Customer unreasonably demands full replacement of twenty additional light fixtures that are functioning properly.  In the alternative, Customer appears to demand a complete refund of the full Contract price for the failure of four light fixtures.

  Please note that Customer continues to identify the incorrect legal entity in the Customers Statement of the Problem.  The Contractor has respectfully requested a retraction of the complaint due to baseless, misleading, and false statements.  Publication of this complaint would result in Defamation Per Se.

  
  

  Customer Answer

  Date: 03/04/2025

  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 regards to the incorrect identification, in order to determine who the complaint should be sent to, I took the contact information off the contract which directed me to Sunnyside Builders. A reasonable person would be confused.  Since then I have not done so again. I did not amend or refile my report. That was done by the BBB. 
  

  There are no change orders or approvals for any of the major changes made to my structure, in violation of the contractors contract. An exterior wall was built in the middle of where my double doors connected my two rooms was supposed to be. Sunnyside did this and then told me now I could only fit a single door in the space he had left. He also decided to move what was supposed to be a 10 garage door from the ***** end to a side wall. Again without any approval or change orders. Once there he told me it would have to be a few inches short to fit in the space provided. I had a different contractor measure the garage door because we couldnt back a truck into the opening. It measured 74 door width and 71 outside opening.

  While the individual lights were replaced, with the exception of one that flashed intermittently that Sunnyside never replaced, we had four fixtures out of 24 that failed, plus a fifth that flashed intermittently, within the first year.  This was not an acceptable solution due to the frequency and escalating nature of the failures. Full, even lighting is crucial for dog events like agility where dogs are running at high speeds over difficult obstacles. The lights had already produced problems in class and impacted major events. Not only is this a danger to the dogs, it damages my business reputation in a small and cutthroat industry. We had to have the lights replaced by our next event to avoid losing our contract with them. I have now spent $6900 on light replacement for these lights. When the contractor took them down he said the original lights were junk. He said the four that had been replaced were good quality but needed to have the cords replaced before use. He said some of the lights were so hot he couldnt touch them with bare hands. Five faulty lights out of twenty four is not an acceptable failure rate, and due to the escalating nature of the failures I was fully convinced they would continue to fail. I had to protect my business. 

  its frustrating that every attempt I make to resolve this without litigation has resulted in Sunnyside hiring lawyers to send me letters telling me they are going to sue me, when I am the person with the faulty building. 
  

  
  Regards,
  
  ****** *****

  Business Response

  Date: 03/14/2025

  The Agreement for Construction Between Owner and Contractor provided by the Customer to the ******************** clearly states that the Contractor is Sunnyside Construction & Concrete, **** and the Customer is ******* ***** / *********************  Contractor respectfully requests that the Customers Statement of the Problem or Complaint be amended to correct the misidentification of the Contractor.

  The only pre-construction design recommendation provided by Contractor to Customer was to increase the ceiling height from 12to ******************************************* a commercial business park.  The ceiling height would add value to any future owner after resale. Otherwise, the initial design plan was provided by Customer.
  

  This Agreement included numerous allowances.  The cost of project depended on the selections of the Customer.  The Customer only pays for what is selected and constructed.  The Contractor does not care what selections are chosen by the Customer.  If Customer requests items that cost above any of the allowances, additional costs are included in the purchase price.  For this project, the Customers selections resulted in cost savings and a final purchase price for the overall Agreement that was reduced by approximately $30,000.
  

  As for any changes, the Customer approved all the changes onsite.  The Customer made further approvals as part of all payment applications with the bank. Due to these approvals, and the fact that there would be no additional costs to her for the changes, no formal written change orders were necessary.  Formal change orders would have resulted in additional costs to the Customer.  
  

  Initially, the Customer selected a lot that was of poor quality.  The Contractor recommended the use of a different location.  While the soil conditions at the second site needed corrections, it was far better than the first site.  Based upon multiple discussions with the Customer, the building was turned 90 degrees to meet site conditions and allow for the future expansion of the building to add a veterinary clinic.  The site work was completed within budget and the Customer saved tens of thousands of dollars as the site is now prepared for the future expansion.    
  

  As for the garage door, the Customer approved the building as was constructed including the door sizes and locations to fit with the future expansion.  The Customer stated that no vehicles would need to enter the building as it would damage the dog training floor, and the smaller door would only be used for deliveries and a scissor lift for maintenance of the building.  This opening was framed and viewable for 18 months prior to closing and the Customer was only charged for the smaller door that was installed.  The interior doors were changed at the request of the Customer to accommodate the location of the bathrooms and entry to the arena.  It should be noted that none of these issues were raised during numerous payment applications, prior to or at the closing for the project, and the Contractor was paid in full. 
  

  All the lights were working properly at the end of the warranty period, almost eighteen months after the original installation.  Furthermore, if a fifth light fixture was flickering, Customer could have replaced that light fixture with the additional fixture provided to her at no cost by Contractor.  The Customer approved the electrical allowance and would have been told by the electrical subcontractor where all electrical switches and receptacles were to be placed,and which light fixtures were to be installed as part of the project.  Had the Customer requested an alternative fixture specific to the use of the arena,the allowance would have been modified accordingly prior to or during construction.  The Customer made no such request.  Full replacement of all functioning lights was unnecessary and economically wasteful. Had the Customer initially requested the lights that were subsequently installed, the Customer would have had to pay for the upgrade in the lights as part of the electrical allowance.  The Contractor and subcontractors prepare allowances to accommodate proposed revisions and selections of the Customer.  This way,the Customer pays the costs for their specific selections.
  

  After completion of construction and closing, Customer has since posted numerous reviews and comments on the Internet regarding Contractor.  Those postings were false and misleading.  It is Contractors understanding that Customer has already been contacted by an unrelated third party to remove portions of the reviews because the information was blatantly false.  It is this defamatory activity that has caused Contractor to retain counsel as the comments are false and misleading resulting in defamation per se.
  

  The Contractor retained counsel because of threats, ultimatums, as well as false and misleading posts on the Internet.  At this time, both parties are represented by attorneys and all discussions were to be conducted through counsel at the request of the Customers attorney.
  

  In summary, the Customer selected all the materials to fit within the proposed allowances.  All changes during construction were approved by the Customer.  The building and site plan were inspected and approved by local, state, and manufacturer representatives.  The building was completed on time and under budget based upon the Customers selections.  None of these issues were identified prior to the closing and the Contractor was paid in full.