McGrath Construction & Remodeling

We have a warranty with this painting company that if any chips or peeling paint occur within this 2 year time period (contract date [redacted] XXXX -XXXX), then they will fix the problem.Product_Or_Service: Painting contractDesired SettlementWe have tried unsuccessfully to get McGrath Construction to return our phone calls; we have numerous paint chips/peeling and we need them to address the problem. We have sent them a certified letter (so we know that they received the request) and have left numerous phone calls, with no response.Business Response This job was contracted by the customer through [redacted] based in Irvine, CA.It was done by one of their interns who painted the house, and then they provided some type of warranty. We were informed a year later that [redacted] would like us to RE-paint this house that they had the previous year. We told them that the peeling issue was because the house had no overhangs and water wasn't diverted properly. They and the customer knew this was our opinion. After they explained that the job was under warranty, we realized that they didn't want to make our recommended alterations. We said that the problems with the house couldn't be fixed with a paint job. The customer and [redacted] failed to understand this even after numerous attempts to explain that this job required more digging (I.e. re-framing, insulating, sealing, etc.) We agreed to paint the house, and did but we were under no illusions that it wouldn't peel again. That is precisely why We don't have any contract with the customer, we never provided any warranty to the customer, and furthermore, we never received any payment from the customer. Their contract, warranty, and payment was through [redacted]. Considering the tactics we've seen them use, we are not all surprised. Our business is based on customers who trust, respect, and love us. [redacted] business is based on people they can lie to, rip off, and then pass the buck. We are not responsible for the way [redacted] treats their customers. We only worked for them for a year becasue we realized what a scam they ran and how they lied to their customers.I tried to talk to this customer before, and he treated me like I was a homeless beggar. We don't work for people like that. These people wouldn't be our customer in their wildest dreams. They threatened me with tv ads and newspaper ads, etc. I haven't informed him yet that libelous slander is a crime, and if they publicly defame us wrongfully, we will pursue legal action against them based on the facts aforementioned... NO CONTRACT, NO WARRANTY, NO PAYMENTs.COMPLAIN ABOUT[redacted].YOUR GRIPE AND YOUR RECOURSE GOES THROUGH THEM.NOT THE PEOPLE THEY TRIED TO PASS THE BUCK TO. Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)We are in possession of an email dated Tuesday,[redacted] from [redacted] of [redacted] telling us that[redacted] McGrath and his team (from McGrath Construction) would be completing the painting work on our house. She indicated that [redacted] felt that they had confidence in McGrath's work, knowledge & service. Once this work was completed in 2012 then a 2 year paint warranty would be in effect until 2014, of which we have written confirmation of.We also have a copy of an email sent from [redacted] of [redacted] in [redacted] that includes a painting estimate, along with the 2 year warranty. The email states that [redacted] would be paying for the total estimate [redacted] goes on to further state that once the work is completed, the warranty will be with McGrath Construction & Remodeling. This same email also states that the McGraths told [redacted] they were very confident that the painting work they performed in 2012 would hold up, but if any peeling did arise, they would warranty the work for 2 years as stated on the estimate (which we can supply a copy of). The note continues that if we have any problems in the next 2 years (XXXX - XXXX), we would not be charged to have it repaired; but the work will performed by McGrath Construction and Remodeling and it will be through them that we would need to request assistance. All that we had to do was to transfer the liability from [redacted] to McGrath Construction & Remodeling, which we did.The contents of the estimate, which is dated [redacted] includes 16 separate line items and is followed with 4 line items listing the cost for the job. The next line reads: WARRANTY ON PAINT JOB IS TWO YEARS - RESPECTFULLY SUBMITTED [redacted]In [redacted] we noticed paint peeling on our house and tried unsuccessfully to call [redacted] & [redacted] McGrath to let them know that we were having issues and we needed them taken care of before our warranty expired. After numerous phone calls went unreturned, we sent them a letter, dated [redacted] explaining the paint chip situation and referenced the warranty that was in effect. [redacted] of [redacted] also tried to reach them, to no avail. We stated in our letter that if they didn't respond to us that we would send a letter to the editor of the newspaper and we would report their business dealings to the Revdex.com (among other options), to let the general public know that McGrath Construction doesn't follow through on their contractual obligations.Now that we have reached out to the Revdex.com, McGrath Construction is responding with lies and innuendo. McGrath Construction got paid from [redacted] to repaint our house, Their complaint activity response states that they (McGrath Construction) were under no illusions that our house wouldn't peel again. They also state in their response that we don't have a contract or a warranty with them, but yet we are in possession of a 2 year painting warranty that was prepared on McGrath Construction letterhead that states the opposite position.[redacted] & [redacted]Final Business Response Mr. [redacted] has not said anything new about this.Basically, he's saying that [redacted] of [redacted] works promised him that we would promise him. This is how [redacted] works operates. They promise the moon to sell a job and go off to the next customer to promise him the sun. I don't accept anything that [redacted] "told" Mr. [redacted] about what we would do or what promises they tried to make for us to try and pass his warranty onto us. We never signed any contract or warranty with Mr. [redacted]. We sent [redacted] an example of what a warranty would look like if the job was done to our specifications and recommendations with overhangs etc. (Paint IS NOT a structural member) We never signed any warranty, let alone notarizing it to make it effective. If Mr. [redacted] doesn't think we live up to our contractual obligations, I think he should file a complaint in court and see what "contractual obligations" we didn't live up to. We never signed a contract or warranty with him. For him to attempt to defame us publicly about contracts and warranties when he doesn't have anything signed from us is slander. The only lies and innuendo are the ones coming from the guy who thinks his house should get painted for free every two years. We aren't [redacted] with a thousand people [redacted]. We are a father and son partnership with no employees. We have a core group of customers, who, as I mentioned before, don't need us to have Revdex.com accreditation to know who we are and what we do. We are genuine people and only work for genuine people. I would request that the Revdex.com delay any finding against us until this process runs its course in a court of law and Mr. [redacted] discovers that he has no legal documents from us. When I provide someone an estimate or warranty example on our letterhead, they are just that, examples. I give them out all the time. Until those documents are signed and notarized with us and the customer, they are estimates and examples. Customers who have contracts and warranties with us have signed and notarized copies. And by the way, we have never had a warranty issue or a contract issue with ANY of our customers. If the Revdex.com would like to speak with any of them, we would be more than happy to provide their information so they can explain who we are and exactly what it is that we do. For instance, tomorrow morning I'll get up nice and early, take a walk down over to my customer's house, walk in see him, and he will inform me again that he's so glad he met us because he can't see how his project would've happened any other way. The list doesn't go on forever, like [redacted] list of "clients," but they are all people who wouldn't even dream about hiring anyone else to do anything to their house. Mr. [redacted] is not our customer. He is [redacted]' customer. I'd also like to point out that the [redacted] character who apparently promised him a warranty from us, was the guy who actually painted the house the year before. before Then Mr. [redacted] had them do it again for free and they had us do it. I can't help but think that Mr. [redacted] was worried about the job he did and was willing to say or do anything, such as trying to use a warranty example as a binding legal document to pass the buck to the small business contractor. Typical [redacted]. We are prepared to go to court to show that we are not liable for this, and if Mr. [redacted] does his libelous advertisements about us, we are prepared to take him to court.Our customers would be flabbergasted, wondering how anyone could possibly think we lie, cheat, steal, or [redacted] It almost seems like these are Mr. [redacted]'s modus operandi. That's just my opinion... I could be wrong.Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)By checking "No" we simply mean that we don't trust anything that this business owner says or stands for;so we are taking the high road in this situation. Their shady business practice/ethics are exactly what gives contractors a bad name. This is an unfortunate set of circumstances, and we hope that nobody else has to send a report like this to you.