American Restoration Contractors LLC

Initial Business Response /* (1000, 5, 2015/12/14) */
Contact Name and Title: *** ***
Contact Phone: XXXXXXXXXX
Contact Email: ***@arcquality.net
The customer has been in direct contact with *** *** one of the owners on a daily basisThey also speak to *** the Project Manager on a
daily basisIt has been explained to them everyday for the last to days that as soon as their counter top comes in, *** will work as long of a day as it takes to complete the jobWe do not get paid until the work is complete so we have no incentive to delay or not finish a jobWe are just as anxious to get this job to completion as they areThe truth is we are simply waiting on a counter topThe paint issue was addressed immediately, and it was documented that their cat got paint on the couchARC has bent over backwards to accommodate this customer, and we will continue to do so until the work is completeIn this instance there is nothing we can do until the counter top is received

Tell us why here...We replaced the rear slope of the roof on the home following a storm as per the agreed scope from the insurance company earlier this year The shingles were installed per the manufacturer specification relating to nail size and spacing, etc I personally received a
call from the customer on 4/21/Below is a recap of the conversation that took place.I asked him how things were going and he stated that they weren’t going to well because he and his wife had run into some issues that cost a lot of money He then went further to say the most recent item was that they had to have the heating and cooling unit replaced He stated that when they turned it on it would not work, so they called a heating and cooling company out to look at it The heating and cooling company told them that they needed a whole new unit and so they went ahead and had it replaced He then stated that when they hooked it all up it still didn’t work, so the heating and cooling company did some further investigation and found the lines that carry the Freon from the outside condenser to the A coil inside the home, had been punctured by several nails due to the roof being installed He then asked what they could do about getting reimbursed for this I told him that I was sorry he was going through a bad spell but that we were not liable for the A/C lines because they were installed improperly as they should never have been close enough to the plywood on the roof for a roofing nail to penetrate them He responded that the A/C company had a very hard time installing the new lines because the clearance was so tight and that they had to bend the lines to their limit to get them installed I then told him that he may still have a problem in the future because if they had to bend the lines that tight to install them, then they are probably against the bottom of the plywood again and that any future shingle repairs could potentially puncture the lines or they could rub on the bottom of the shingle nails and cause a holeHe responded by saying that the lines were really close to the plywood and they had to bend over some of the nails to prevent that from happening I once again informed him that this was not a proper repair as any new nails could still puncture the lines I then suggested that he call the A/C company back out and have them solder in an elbow where the lines are now bent so that they would have proper clearance or that they install a nailing plate above the lines to prevent any possible future damage I then reiterated that regardless of all these things, we had no way of knowing that the lines were directly under the plywood, that we are not responsible for sub surface conditions, and that if the lines had been installed properly in the first place, none of this would have happened He then said “look here’s the problem, with all the other stuff we had to pay for and then the cost of the new HVAC system we just don’t have the moneyI was really hoping you could help me out with this” I once again told him that I felt sorry for what he has gone through and I felt really bad for being the bearer of bad news but there really isn’t anything I could do for him I then told him that I would talk to one of the other owners and see if he felt inclined to help him out in anyway and that IF the other owner thought we could help him out, I would call him back I spoke to my partner and he agreed that there was no way we could have known the lines were improperly installed and that there really was no way of preventing this After this decision, I felt no need to call the customer back because I already informed him we were not responsible and I would only call him back if that decision changed. Our contract states on line (see attached document) that if any conditions are encountered that are subsurface or physically concealed which differ naturally from those ordinarily found on a construction site the customer is liable for the cost to correct the problem. Additionally, International Building Code Protection against physical damage states that “In concealed locations where piping other than cast-iron or galvanized steel is installed through holes or notches in studs, joists, rafters or similar members less than 1/inches (mm) from the nearest edge of the member, the pipe shall be protected by shield platesProtective shield plates shall be a minimum of 1/inches (mm) thick steel, shall cover the area of the pipe where the member is notched or bored, and shall extend a minimum of inches (mm) above sole plates and below top plates.” Had the problem been discovered as we were installing the roof, the customer would have been notified immediately but would still be responsible for the cost of fixing the problem (as per our contract) as we had no way of knowing or predicting itIf the problem had been identified prior to the roof replacement, the homeowner would have had to pay to have the lines moved prior to the start of repairsIn either scenario, the customer is responsible for the costThe fact that the lines can be seen going into the attic, as the homeowner stated in their complaint, would not make us automatically assume that they were improperly installed or that they posed any potential problemWe have done many homes with A/C lines in the attic and have never encountered this before because the lines were properly installed in those homesThe homeowner also stated in their complaint that “if they had initially known the lines had holes in them they would not have had to replace the entire system” The heating and cooling company that was called out to look at the home should have been able to diagnose the problem, by first determining that the unit wasn’t working because it had no Freon in it They then could have shut off the valves at the outside unit and attempted to pull a vacuum check This would have shown them that the leak was not in the outside unit and was instead in either the line set or the A coil inside the house From there, it’s a simple process of elimination to determine where the leak is at They instead chose to tell the homeowner that they needed a whole new unit without doing a proper diagnoses of the problem only to discover the true problem when they tried to start up the new unit They then charged the customer to replace the line set at an additional cost In my opinion, if the heating and cooling company was qualified, the homeowner would have only been out the cost of the line set and Freon recharge and not an entire system The heating and cooling company’s lack of due diligence with regards to diagnosing the problem is what cost thousands of dollars, not the roof being installed

The customer contacted us originally in regards to the roof installationShe was concerned about the time the install completedOur superintendent inspected the roof the next day and did any finishing touches that were neededThe customer then had *** *** review the roof as she had concerns
about the crew finishing in twilight*** *** said the roof was installed correctly and to manufacturer specificationsThe homeowner later apologized for doubting our install and what we had told herIn fact the customer later contracted additional work in addition to the original jobWe went back out after the fact once before as the customer wanted to see if we could change water flow on the front of the houseThe customer called in earlier this week and stated water was not flowing out of the gutters properlyThe warranty assignment was sent out to the superintendent for reviewThe superintendent called the husband today to explain he would be coming out to review the potential warrantyOur superintendent then explained there would be a dollar charge if it was not a warrantyBefore he could explain this would be applicable if the gutter was clogged by leads or a tennis ball, or etcThe customer used some harsh language and requested he not come to the propertyOur superintendent then stated I am not saying we are charging, I am and the call was disconnectedRick one of the Owners of ARC called the Mrsback this evening and explained the intention of the conversationHe then scheduled with her to have the crew out to the house tomorrow to review the issueHe further explained that if there was a charge it would be discussed with them before proceeding and not just blindly chargedThis could have been discussed if the call was not disconnectedAfter the conversation this evening and the clarification of the terms, I believe this matter is resolved and that the crew will review the issue tomorrow