ActivSpace (NW Raleigh)

We have had numerous conversations and email exchanges with this owner We have attempted to try and identify the problem and rectify it within the scope of the work for which we were contracted However the issue is a result of the engineering that the owner had performed by *** [redacted] was contracted directly by the owner through her architect Our work complied to the design that [redacted] completed and as per the permitted plans Ocotillo Construction was not contracted to replace, repair or alter any of the A/C equipment We were informed by the owner that all that work had been completed by the Landlord and they were responsible for that work The Mechanical Engineer misidentified the fact that the landlord had installed equipment insufficient for the restaurant Apparently the landlord’s contractor did not complete any calculations to make sure the correct size of equipment was installed The owner had issues fairly soon after opening the restaurant and was working with the landlord to resolve The owner never informed us until this summer again that the issue still existed Had she informed us of the ongoing issue earlier then it would have easily been within the year deadline she claims to have had In fact she contacted us in June which is still less than a year from when we started the projectWe have and remain more than willing to assist the owner within the scope of the work we were contracted to do We were not paid to replace or upgrade any of the A/C equipment We completed the design per the approved plans that were supplied to us by the owner We have a detailed cost estimate which was approved by the owner that details all the work for which we were paid If this had been part of the scope of work we would have completed it and the owner would have paid for this work Thank you for the opportunity to respond to this complaint Edward H [redacted]

We have had numerous conversations and email exchanges with this owner? We have attempted to try and identify the problem and rectify it within the scope of the work for which we were contracted? However the issue is a result of the engineering that the owner had performed by [redacted] ? [redacted] was contracted directly by the owner through her architect? Our work complied to the design that [redacted] completed and as per the permitted plans? Ocotillo Construction was not contracted to replace, repair or alter any of the A/C equipment? We were informed by the owner that all that work had been completed by the Landlord and they were responsible for that work.? ? The Mechanical Engineer misidentified the fact that the landlord had installed equipment insufficient for the restaurant? Apparently the landlord’s contractor did not complete any calculations to make sure the correct size of equipment was installed? The owner had issues fairly soon after opening the restaurant and was working with the landlord to resolve? The owner never informed us until this summer again that the issue still existed? Had she informed us of the ongoing issue earlier then it would have easily been within the year deadline she claims to have had? In fact she contacted us in June which is still less than a year from when we started the project.? We have and remain more than willing to assist the owner within the scope of the work we were contracted to do? We were not paid to replace or upgrade any of the A/C equipment? We completed the design per the approved plans that were supplied to us by the owner? We have a detailed cost estimate which was approved by the owner that details all the work for which we were paid? If this had been part of the scope of work we would have completed it and the owner would have paid for this work.? ? Thank you for the opportunity to respond to this complaint .? Edward H [redacted] ?

RE: Revdex.com Complaint Number *** I have read the response from the client It is not the responsibility of the General Contractor to insure that the mechanical design is correct Ocotillo was not involved in the design portion of the work We were told the landlord had already replaced one of the HVAC units and we could only assume they did the work correctly and in accordance to the design and use No HVAC equipment beyond the kitchen exhaust system was contracted by Ocotillo Construction and in fact the client selected the kitchen hood contractor through her Kitchen Equipment Company to get a better price The only other work that was done on the HVAC system was minor reconfiguration of some duct work in the kitchen to accommodate the addition of the kitchen hood system Ocotillo was not paid to replace or service any of the existing HVAC equipment. I have attached a copy of our contract and the Estimate which clearly in detail shows what we were contracted to do The city of Gilbert approved all work as in compliance with the plans and specifications as well as within all code requirements I hope this clarifies the issue. Thank you Edward H***

RE: Revdex.com Complaint Number *** I have read the response from the client It is not the responsibility of the General Contractor to insure that the mechanical design is correct Ocotillo was not involved in the design portion of the work We were told the landlord had already replaced one of the HVAC units and we could only assume they did the work correctly and in accordance to the design and use No HVAC equipment beyond the kitchen exhaust system was contracted by Ocotillo Construction and in fact the client selected the kitchen hood contractor through her Kitchen Equipment Company to get a better price The only other work that was done on the HVAC system was minor reconfiguration of some duct work in the kitchen to accommodate the addition of the kitchen hood system Ocotillo was not paid to replace or service any of the existing HVAC equipment. I have attached a copy of our contract and the Estimate which clearly in detail shows what we were contracted to do The city of Gilbert approved all work as in compliance with the plans and specifications as well as within all code requirements I hope this clarifies the issue. Thank you Edward H***

Hello,I have just received a notification about Ocotillo's response.I have contacted both the architect & Ocotillo construction regarding the issue & both companies blamed each other & left it at that.Between the two companies, they've exchanged e-mails & phone calls & stated it's the landlord's responsibility.Initial installation of all HVAC & Hood was contracted/subcontracted by Ocotillo ConstructionAll parties have been given a for the work performedIt is not the consumer's responsibility to determine the company hired by Ocotillo has performed a proper job.As proof I have e-mails recorded stating Ocotillo Construction did not follow through according to the plan.If I need to submit documents to prove what was said between the two companies, I would be more than happy to do so.Thank you!

We have had numerous conversations and email exchanges with this owner? We have attempted to try and identify the problem and rectify it within the scope of the work for which we were contracted? However the issue is a result of the engineering that the owner had performed by ***
? *** was contracted directly by the owner through her architect? Our work complied to the design that *** completed and as per the permitted plans? Ocotillo Construction was not contracted to replace, repair or alter any of the A/C equipment? We were informed by the owner that all that work had been completed by the Landlord and they were responsible for that work.? ? The Mechanical Engineer misidentified the fact that the landlord had installed equipment insufficient for the restaurant? Apparently the landlord’s contractor did not complete any calculations to make sure the correct size of equipment was installed? The owner had issues fairly soon after opening the restaurant and was working with the landlord to resolve? The owner never informed us until this summer again that the issue still existed? Had she informed us of the ongoing issue earlier then it would have easily been within the year deadline she claims to have had? In fact she contacted us in June which is still less than a year from when we started the project.? We have and remain more than willing to assist the owner within the scope of the work we were contracted to do? We were not paid to replace or upgrade any of the A/C equipment? We completed the design per the approved plans that were supplied to us by the owner? We have a detailed cost estimate which was approved by the owner that details all the work for which we were paid? If this had been part of the scope of work we would have completed it and the owner would have paid for this work.? ? Thank you for the opportunity to respond to this complaint .? Edward H***?

Hello,I have just received a notification about Ocotillo's response.I have contacted both the architect & Ocotillo construction regarding the issue & both companies blamed each other & left it at that.Between the two companies, they've exchanged e-mails & phone calls & stated it's the landlord's responsibility.Initial installation of all HVAC & Hood was contracted/subcontracted by Ocotillo Construction. All parties have been given a 1099 for the work performed. It is not the consumer's responsibility to determine the company hired by Ocotillo has performed a proper job.As proof I have e-mails recorded stating Ocotillo Construction did not follow through according to the plan.If I need to submit documents to prove what was said between the two companies, I would be more than happy to do so.Thank you!

We have had numerous conversations and email exchanges with this owner.  We have attempted to try and identify the problem and rectify it within the scope of the work for which we were contracted.  However the issue is a result of the engineering that the owner had performed by [redacted]....

 [redacted] was contracted directly by the owner through her architect.  Our work complied to the design that [redacted] completed and as per the permitted plans.   Ocotillo Construction was not contracted to replace, repair or alter any of the A/C equipment.  We were informed by the owner that all that work had been completed by the Landlord and they were responsible for that work.  The Mechanical Engineer misidentified the fact that the landlord had installed equipment insufficient for the restaurant.  Apparently the landlord’s contractor did not complete any calculations to make sure the correct size of equipment was installed.  The owner had issues fairly soon after opening the restaurant and was working with the landlord to resolve.  The owner never informed us until this summer again that the issue still existed.  Had she informed us of the ongoing issue earlier then it would have easily been within the 1 year deadline she claims to have had.  In fact she contacted us in June which is still less than a year from when we started the project. We have and remain more than willing to assist the owner within the scope of the work we were contracted to do.  We were not paid to replace or upgrade any of the A/C equipment.  We completed the design per the approved plans that were supplied to us by the owner.  We have a detailed cost estimate which was approved by the owner that details all the work for which we were paid.   If this had been part of the scope of work we would have completed it and the owner would have paid for this work.  Thank you for the opportunity to respond to this complaint . Edward H[redacted]