Bald Eagle Construction, Inc.

Initial Business Response /* (1000, 5, 2015/05/13) */
As I explained to the homeowner, I have been unavailable to communicate, I have been working on a project that has kept me away from the officeI have had a few Email's back and forth with the homeownerOur emails have always been
returned within a few daysThe repair the homeowner needs completed is 'not' a warranty issue (porch remodel was completed in 2008, and implied warranty is for one year from completion)Any local handyman can help out with this situation, I have also just forwarded an email to the homeowner offering to provide names of a local handymanI feel the homeowner has been unreasonable with this complaint
Initial Consumer Rebuttal /* (3000, 11, 2015/05/28) */
***corresponding documents attached
Attention ***: Case number ***
Hi ***,
I am extremely upset with ***'s response! I have
attached all emails to *** and from ***As you will see in the documentation, *** said he will be availafter Memorial DayHe also told me what his fee isHe was aware of all this
after contacting Revdex.comSo now, this morning I get an email saying he won't come down because I contacted Revdex.comIn my opinion, this kind of behavior is unprofessionalI know this
company is Revdex.com accredited and for this I'm surprised by his response! Please help!! Thanks so much ***!
Also, I am offering my phone numbers and hoping you will do a follow up callAgain, thank you!!
***
***copied and pasted

Bad experience with a new concrete drivewayWasn't explained to me that the new driveway elevation would not match the existing conditionsWhen I questioned this the owner was extremely rude and blamed me for the poor result

Initial Business Response /* (1000, 5, 2014/07/21) */
We appreciate the opportunity to respond. I will reply to the items in the order of the complaint.
-We where contracted in July of 2013 to complete two additions to the existing home. Original estimates of the project where indeed low,...

prior to our architect working with the homeowner and getting a detailed print to base an estimate off of. The project scale was changed as the prints evolved, one of the major changes was that the existing roof line had to be completely removed to accommodate the new plan. The homeowner was fully aware of all the costs prior to any work beginning, A contract was reviewed and in the homeowners hands for 4-5 weeks prior to signing, giving them ample time to understand all items in the contract.
-All contract allowances where discussed with the homeowner prior to signing the contracts. Again, the homeowner had several week to review, we where asked to allow for a specific type of flooring throughout the home, and also stressed to keep costs down where we could
-prior to work beginning we had discussed whether or not the existing foundation has ever had any water issue, the homeowner pointed out one area, and said that was the only spot water had ever came in. Our new addition resolved this problem area. The existing foundation was 'not' to be dug up in this part of the home,therefore the cost to waterproof would have been excessive for an area that had never seen issues. All new areas throughout the basement where free of any water issues throughout the year.
-homeowner is requesting for a sidewalk at the front of the home, but has already utilized the allowance for concrete on a side patio that was added (it was agreed upon at the time that this was a similar amount of concrete, and would be a fair trade)
-homeowner has complained about the toilets, but we have not been able to recreate the noise while on site.
-The complaint about the cold basement was brought to our attention well after the winter was over, we have advised the homeowner that we will have our HVAC contractor show how to adjust the air flow in the home from winter to summer. An option was given prior to starting any work to add a zoned system in the home, it is also written in the contract that the homeowner has the option to add this during the remodel.
-The homeowner made several walkthroughs of the home during the remodel, electrical was completed to meet code, additional outlets could be added if requested. We did add a light at the top of the steps at no charge to satisfy the homeowner. At this point all additional electrical will be an additional cost.
-Nail pops are not uncommon in a new addition or new home. We have advised the homeowner at several occasions that we typically do a one year walkthrough, and complete repairs after the home has went through a winter/summer cycle. This is standard proceedure for most remodeling contractors/builders. This is also stated in our "written performance guideline" packet given to the homeowner during the contract signing process.
-The flooring has a light haze in a few area, we are not sure what has caused this, but have been determined to get this resolved. We have made some attempts with different products to remove, and the homeowner is correct, some of the spots are still visible with the right light. We have not given up attempts to remove, but we would like to complete the repairs all at once if possible.
- the homeowner has been advised that the home will go through some shifting from one season to another, especially with the high amount of humidity in the spring months. We have been to the home numerous times to adjust the doors, and have had them working to satisfaction every time we leave, we have even had the door manufacturer rep on site to assure us and the homeowner that the doors where installed correctly.
-The lower level existing bathroom was tore apart to allow for new mechanical items to be ran through the ceiling. The contract states that no work will be completed in this room. But as a nice gesture, we allowed the homeowner to pick out new flooring of there choice in the bathroom, we covered the cost of the flooring, and the labor. We also patched new and old holes in the bathroom, and painted for no cost to the homeowner. We installed a new exhaust fan/light at no charge. The expectation from the homeowner now is for a free ceiling.
-The roof has been inspected, and is not an issue. We offered to have a shingle rep come to the site to assure the homeowner that there is no issue, but have not had a response to this offer. The roofing on the home was installed on Oct 30th of 2013, the temp that day was 44 degrees. The garage roof was completed on Feb 18th, and the temp reached 42 degrees that day. The siding was installed on much colder days, and we have been out to make the necessary adjustments in the spring to insure that there will be no issues. I have walked around the home, and have found no additional items needing attention.
-We made an attempt in late June to repair the floor in the basement, but while on site, the homeowner asked us not to do anything to the flooring at that time
-Debris may have been found around the home prior to the final grade, this year with the excessive rain, we had a difficult time getting our equipment in to complete the final grade. The final grade was completed in the first week of June, after that all water control and erosion control is up to the homeowner. Our contract did not have any allowance for retaining walls, or sod/seed. The homeowner had a complaint about the dirt eroding away from the sidewalk, we had a final inspection from the homeowners lender, who took photos of the site, all grading was completed to satisfaction of the inspector. The inspector also went on to complement the quality of the home, he visited the site several times throughout the building process.
**We have an obligation to the homeowner to fix/repair any warranty items, In accordance with Minnesota Statute 326B.809 and our written performance guidelines, which adheres to the warranty. We fully intend on completing repairs as needed.
We have offered to have a non bias third party review some of the complaints that the homeowner has made, but have not received a response as of yet on this offer.
Initial Consumer Rebuttal /* (3000, 7, 2014/07/31) */
(The consumer indicated he/she DID NOT accept the response from the business.)
There are several discrepancies with the response from builder. I will reply in order of the response.On 4-29-13 I hired/paid builder $4250.00, not 7-2013. We were aware of increases and changes to some extent. Builder never went over the contract, but did supply one. Some but MOST of the overages in this home were NOT discussed. We requested a window in one of bathrooms on main floor, and when it was installed, we noticed that the window had no mechanism... When we asked the builder if that is a window that opens, he acted like he didn't know anything about it, and had no explanation why a window that could not be opened was put in there, but we stated that we want a window that opens, so builder ordered a new window and he charged us almost $600 (gave us a $100 credit) for the new window. We never would have ordered a window that doesn't open. (Builder should have eaten that expense). We also had requested picking out our own windows and that never happened either, he ordered the windows himself.
The sidewalk in front of home was supposed to be included. Builder knows this. The patio that was added out of kitchen door was put in instead-- however -- we were clueless to this. Builder and excavator decided this on their own and it was "just there"
one day. It is a nice addition, but the sidewalk out front was talked about that DAY and builder kept saying "yes that will be put in". Now his story on many items have changed!
The toilets in here are absolutely terrible. They don't flush without several flushes with BM and the master bath toilet was adjusted a couple of times by builders subcontractor and this person DID HEAR the knocking and after adjustment the toilet was WORSE and they know this!!! The plumber was here and he could not diagnose the knocking, so it still knocks with each and every flush.
We questioned and notified builder about cold basement approx one month after move in. We were not able to move in until 3-17-14 after house was finally completed and this is obviously the END of the winter. It is 20 degrees cooler down there and a second zone option should absolutely have been discussed with us. We never heard of this. I did talk to heating and AC people and they said the dampers MAY help with this problem to a small degree -- however -- heating/AC guys told us that they DID recommend one to the builder as the house was being built and this was NEVER EVER mentioned to us as an option to add on. There are 3 bedrooms down there, 2 of which are being occupied. It will be very cold down there for long winter season. Too cold. YES - there were several walk throughs that were quick because most of the days there were several people working in the home and we did not want to be in the way.
Common sense would be to put an electrical outlet outside the front AND/OR side door to be able to plug something in! Electrician or builder SHOULD HAVE known this and ASKED US! We are not home builders so we relied on THIS builder to know these common sense things and point them out to us.
The light added to top of basement steps was a necessary thing and should have been put in without a request as this was a safety issue, so a person would not be walking down basement steps in the DARK.
We know that the nail pops will be fixed before the year is up after move in. Just to point out that the "written performance guidelines" was given to us AFTER MOVE IN after I requested this from builder at least 3 times! This is in an email that I kept if needed!
With the flooring - we have been told that one of the subcontractors spilled something on floor during construction and then people stepped in it and tracked it all over hardwood floors in kitchen and living room. Builder has attempted a few times to remove this with Mr. Clean liquid concentrate and a little scrubber sponge and still the stains remain. There are actual footprints in both rooms that remain. Appears the finish is gone from the flooring. Builder and subcontractor told us to buy mr. clean stuff and do it ourselves! With the doors - we took it upon ourselves - NOT THE BUILDER to call the store where they were purchased and explain the problems with doors and they gave me the number to the sales rep in our area and we called him and he was happy to come over to show the builder how to fix the doors properly. He pointed out several things wrong with the installation of doors to this builder and then most of doors are working properly - however the kitchen side door still doesn't deadbolt easily. You have to turn it very hard to get it locked.
In the lower level existing bathroom - the contract from this builder states clearly that this room is to be UNTOUCHED. However - the bathroom was torn completely apart. Ceiling torn out, floor was torn partly up, holes in walls and light fixture gone, etc. and then they just LEFT IT THIS WAY. We requested it to be fixed. No ceiling was put back in, and of course there needed to be a new floor installed and the wall was fixed by placing a painted piece of wood nailed over the existing tile that is/was present in this bathroom. No light fixture was replaced either. A new fan/fixture had to be replaced as the old one disappeared. A FREE CEILING is not expected -- WHAT happened to the one they tore out!??? Shouldn't a new one be replaced by builder since they tore existing one out?. For the roofing - We are working on finding a couple of companies to come out and take a look to see what the problem is. There is definitely something wrong with roof. It is buckled, some underparts are overlapping each other and anyone that comes to this home - states "What is up with your roof?"
We do not trust anyone that this builder would attempt to send over to look at roof - so we will get our own experts to come diagnose the problem. The roof, siding and trim were installed after 10-30-14 as we have pictures of this and it was after Halloween. The furnace and AC subcontractors were the ones that installed roof, siding and trim and the majority of the days were well below zero temps. The trim all around home is rippled and looks terrible - due to being installed in such cold weather we are told.
Lastly, the flooring in the home. With both the upper and lower flooring, the problems are where the original home foundation adjoined with the two new additions that were added to the front and back of the home. These areas were not properly prepped and structured for the new additions that were added. We have a hump in kitchen floor that remains but much smaller than original hump because builder did come and attempt to fix this. Same problem in master bedroom and lower level. These are the problem areas where the floor is buckled and there are voids where you can bounce up and down on flooring like a little trampoline. We have learned from city inspector that these areas could have indeed been prepped and done correctly from the start. The lower level had the water damage in two places (one from leakage through the ceiling, and other from rain coming in) The whole living room floor is needing to be replaced. Builder wants to replace a few boards here and there and this is absolutely NOT acceptable. The floor is buckled and a hazard to walk on. This is the cheapest possible flooring a builder could install. Builder and homeowner were at home depot together and builder picked out and suggested this flooring and it was agreed to use this flooring in most of the home. Builder should have known that the cheapest flooring available will LOOK like the cheapest flooring when installed. Other builders have seen this flooring and asked "How could a builder install this kind of cheap stuff in a home?" It looks horrible. The resolution to this flooring issue would be as we have requested:
Floors torn out in lower level and master bedroom and we are willing to pay the difference between the $2.00 per square feet allowance that was bid by builder versus a new flooring to be installed. We are not willing to pay for labor, as we already have paid for this. Needless to say, we are very disappointed and deeply regret hiring this contractor to build our new home. There are many/several smaller flaws that are not even listed that we have turned our head to -- the costlier bigger items are the ones listed here. We had purchased our own paint, light fixtures for inside and outside of home, all of the bathroom hardware eg: towel racks, tp holders, etc and we do not believe that we were even given credit to these items which totaled approx $3,000. Once again -- we believe we were discriminated against as women. This builder either way underbid this job due to inexperience or had decided at some point to take advantage of two women that are not experienced with home building. We are being accused of wanting "free" things done and he is saying that we changed our minds to flooring and ceiling, that we picked out, etc. Absolutely untrue!
Thank you!
Final Business Response /* (4000, 11, 2014/08/13) */
The initial contract was to begin on design work for the addition. Initially this began as an addition on the front of the home, and another on the rear of the home. By the time the prints where at a final draft and the homeowner had approved of them, the remodel had changed, and the entire roof was removed to accommodate the new style. Prices throughout the entire process where clear, and change orders where signed by the home owner on necessary deviations from the original contract.
As stated before, the concrete work was a trade, the homeowner was present during this decision, and agreed at the time that it would be a good addition.
The bathroom window clearly shows on the print that was approved that this window was suppose to be a "fixed" window. We will not be held responsible for changes made to the contracts.
"Written performance guild lines " where handed with the original remodel contract, at the time of signing.
During the remodel we did have a leak that came from an upstairs master bathroom. Unsure how this came about, but we happily repaired all of the damage at the time. We removed a large portion of the ceiling, and removed the entire living room floor where damage had occurred (we have photos of this repair). The home had additional damage from water coming in through block work that was not part of our remodel. All new construction areas have been waterproofed, existing block work left as is, as the contract states. We where under the impression that the existing block work had never leaked, which most likely not the case. The home owner is trying to hold us responsible for a pre existing issue, and cover the cost of all new flooring. The homeowner/contractor met at Home Depot to review different flooring types. There was a fairly wide variety, and the final decision of flooring type was made by the homeowner. Ultimately we would like to work with the homeowner with this, but need to come up with a fair resolution.
The comment about the HVAC contractor being the same as the roofing and siding crews is not true. These are three separate companies that specialize in each of their trades.
During a remodel ( this is a remodel, not a new home build) of this size it becomes necessary to open walls to access different items. The existing lower level bathroom had several wiring mistakes from previous remodels, and to make them code compliant, and safe this room had to be opened up some. We also had to gain access to the main sewer clean out which was buried under the concrete in this room. The contract states that this room will be left "as is" referring to no additional work to compete this room, we understood that this would be an unused room after the remodel, adding 4 new bathrooms. Because of the misunderstanding we gave the homeowner a free tile floor in this room, completed drywall repairs, and installed a cover over the pipe that was of similar quality of the existing cover (painted CDX plywood)
Items that the homeowner bought out of their own pocket are items in addition to the contract. Any item that was part of the contract was reimbursed. The homeowner keeps mentioning that this is a new home build, this is not, this was a remodel, and many parts of the old home still exist.
This project was not underbid, and at no point have we "taken advantage of women" . Additional costs due to signed change orders is our only cost difference. Our sub contractors have been to the home several times to complete repairs, some items the homeowner has complained about have nothing to do with our contract, but we have not charged additional for these repairs. The existing well, and water supply was really low pressure, we helped repair, and install a new filter at no charge. We have installed gutters on one section of the home at no charge, the light that was added at no charge was not necessary, it is an open stairway with lighting from surrounding rooms. We have returned back to install the light in the well room, this was an item that we missed. We cleaned out many loads of homeowners debri in the basement prior to starting as well at no charge. We have been open and honest, as well as available by phone or email throughout this entire process. As I have stated to the homeowner (without a response) I think we would both benefit from having a non biased third party help with our disagreement of responsibility.
Consumer Response /* (3000, 20, 2014/09/08) */
With regards to the home being a remodel OR new home is really neither here nor there. What matters is the repairs and finishing that is needed. City of Maplewood has told me on 4 occasions that this is considered "new construction" due to the SIZE of this job, however, it had gotten entered as a remodel from the builders original permit application, so once it is in their system they just leave it as it was entered. Since approximately 80% of this home is NEW, I consider it a new home. The old existing home was completely torn down and demolished except a few rooms in basement (mechanical, laundry and bathroom) and the original foundation stayed intact and was added onto. We went 18 feet out the back of home and 12 feet out the front of home, so this is a huge project.
Once again -- the "fixed" bathroom window was not pointed out to homeowner and it CLEARLY should have been! We would not have wanted that!
With the LEAK out of the master bathroom - the builder again CLEARLY knows that the plumber did not tighten a valve and this caused a lot of water damage over a weekend.
The contract states for foundation: "seal concrete walls from exterior side with Theroseal." This does NOT state that a small existing part of foundation will not be waterproofed! Don't know what builder is talking about when he says "homeowner trying to hold him responsible for a preexisting issue" This is not the case and the builder knows that this small section of foundation should have been waterproofed. Xcel was out last November to bury lines and this has nothing to do with where water came in home on 4-27-14. Builder and excavator did the sidewalk out there AFTER Xcel buried these lines and they did NOT leave any sort of "trench" as builder states. Builder not wanting to take responsibility for a mistake on his part!
With the existing bathroom - again the contract states that it is to be untouched. This bathroom IS GOING TO BE USED, and needs to be finished. Builder tore the room apart destroying it, for the new mechanical's (apparently unbeknownst to him)and is now accusing homeowner of trying to get more than we paid for, and trying to get a "FREE" ceiling put in this bathroom, etc. READ the contract and see what it says!!! Builder did put in a new floor at our request -- but AGAIN this room was torn apart/destroyed so of course a NEW floor should be installed by builder. Ceiling too.
We had two other contractors walk through the home before move in and these guys were appalled at some of the things that were done or left the way they were.
With the plugged water filter with the well -- the plumber came out and put in a new filter for us, however - he was also there trying to repair some broken sink parts. 3 of the sinks in upper level have broken "plugs" that broke with first time use and plumber was unable to repair them.
Here it is September and we moved in here in March and we still have a "RIGGED" furnace as the HVAC people NEVER returned to fix this problem after 6 months. Our furnace and A/C is TEMPORARILY RIGGED to operate as there is some bad wiring that the electrician OR HVAC people installed that runs from the thermostat down to the furnace. We consider this to be rather dangerous!
With the roof - there ARE things not complete or done properly, as we have had this inspected.
The flooring once again is "CRAP" flooring and the builder should have known this or recognized this as it was being installed. It is cheap junk laminate flooring and it looks just like THAT!
We are absolutely NOT looking for new or free things for this builder to fix or install, we just want safe appropriate decent flooring installed that isn't going to need replacing after living in a new home for a very short time! Like previously stated - we are willing to pay for the difference in the price of a better floor -- but NOT pay twice for labor.
We are working with other agencies and the city of Maplewood to resolve these issues as well as consulting with a real estate attorney.
Business Response /* (1000, 31, 2014/10/13) */
All work has been completed to code. Contracts between the homeowner and contractor where satisfied, and the home was approved by the bank before final payoff. The issue of the flooring was caused after closing, on a wall that was not changed, or contracted to change throughout the construction process. The homeowner hired xcel separate from our contract to have underground electrical. The area was trenched after final grade in that part of the yard. This trench is where the water followed during a heavy rain to get into the home. All new areas have not had any water intrusions. Water flowed from an old part of the home, to the new part to cause that damage,
Consumer Response /* (3000, 33, 2014/10/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
All work has NOT NOT NOT been completed to code. There are several code violations on the roof alone. I have consulted with an attorney and will move forward in that direction to get my home finished and/or repaired. I paid for a FINISHED product and I have yet to receive a finished product from this contractor. And for the contractor to be CHANGING
"the story" at this point in the game will only prove that he is lying! Excel has absolutely nothing to do with the water that came into the home and he knows this!

Initial Business Response /* (1000, 12, 2014/11/19) */
11/19/14
Bald Eagle Construction did in fact view the area of the patio referred to in the complaint.
The difficult truth about concrete is that it will crack. Concrete must crack due to the fact that concrete contracts (shrinks)...

during the hydration process (drying, curing, hardening) and the bond between the cement paste and the aggregates is not strong enough to withstand the stress. All we can do as contractors, is to help control where this cracking will occur.
We perform our concrete work according to local codes, as well as common concrete pouring standards. Part of that process is to use control joints across the poured concrete areas. The purpose of the control joints is to create a weakness in a specific area of the concrete. The goal of this weakness is to induce the inevitable cracking (that must occur) to run along the control joint (and thereby be less visible).
Cracking may also result if the ground area below the grade-level concrete work area moves (heaving or settling) subsequent to the work being done.
We are not aware of any concrete contractor who will guarantee, that the concrete they pour, will not crack. In fact, any contractor who makes that lofty promise might be one to avoid. Bald Eagle Construction does not (and never has) guaranteed any customer that the concrete we pour will not crack. We know that it will crack. Because we know concrete will crack, we include a clause in all of our contracts (as the homeowner mentions in the complaint), stating that Bald Eagle Construction is not responsible for random cracking. The homeowner was able to review the proposed contract for 10 days prior to contracting with Bald Eagle Construction.
It is unfortunate when concrete cracks, but it is not possible to prevent. As much as we would like to alter its curing dynamics, we are incapable of tinkering with the physics of concrete.
Initial Consumer Rebuttal /* (3000, 14, 2014/11/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The contractor expects the customer to concede to a notion that we agreed to purchase & be satisfied with a product,they guarantee,will crack! Really??? we believed we were consulting with a purveyor of concrete,not fine china.Control joints are not the only means of prevention,but careful preparation of the foundation is one also. There employees did botchy work. Now,everytime I go outside,I hear my wifes criticism for choosing Bald Eagle and wonder if it was too much to ask from them for a small project.
Final Business Response /* (4000, 17, 2014/12/16) */
[redacted]
> [redacted]
> President
[redacted] IL XXXXX
Office: [redacted]
Cell: [redacted]
(Quoted text hidden)

I needed a contractor to replace my broken driveway.
The company took measurements, presented their bid, and applied for a building permit.
I signed our contract, gave a $3,000 deposit in September and waited. Nothing else was performed for 1 1/2 months. I nagged over and over but couldn't get a start date from them. I'm in suburban Chicago so I had to beat the snow.
The company's president (Kevin [redacted]) had a very professional demeanor, but did not provide his service. After the last bout of nagging, (in mid November) he said (by e-mail) he'd refund my deposit minus the fee for a building permit.

Initial Business Response /* (1000, 12, 2014/11/19) */
11/19/14
Bald Eagle Construction did in fact view the area of the patio referred to in the complaint.
The difficult truth about concrete is that it will crack. Concrete must crack due to the fact that concrete contracts (shrinks) during...

the hydration process (drying, curing, hardening) and the bond between the cement paste and the aggregates is not strong enough to withstand the stress. All we can do as contractors, is to help control where this cracking will occur.
We perform our concrete work according to local codes, as well as common concrete pouring standards. Part of that process is to use control joints across the poured concrete areas. The purpose of the control joints is to create a weakness in a specific area of the concrete. The goal of this weakness is to induce the inevitable cracking (that must occur) to run along the control joint (and thereby be less visible).
Cracking may also result if the ground area below the grade-level concrete work area moves (heaving or settling) subsequent to the work being done.
We are not aware of any concrete contractor who will guarantee, that the concrete they pour, will not crack. In fact, any contractor who makes that lofty promise might be one to avoid. Bald Eagle Construction does not (and never has) guaranteed any customer that the concrete we pour will not crack. We know that it will crack. Because we know concrete will crack, we include a clause in all of our contracts (as the homeowner mentions in the complaint), stating that Bald Eagle Construction is not responsible for random cracking. The homeowner was able to review the proposed contract for 10 days prior to contracting with Bald Eagle Construction.
It is unfortunate when concrete cracks, but it is not possible to prevent. As much as we would like to alter its curing dynamics, we are incapable of tinkering with the physics of concrete.
Initial Consumer Rebuttal /* (3000, 14, 2014/11/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The contractor expects the customer to concede to a notion that we agreed to purchase & be satisfied with a product,they guarantee,will crack! Really??? we believed we were consulting with a purveyor of concrete,not fine china.Control joints are not the only means of prevention,but careful preparation of the foundation is one also. There employees did botchy work. Now,everytime I go outside,I hear my wifes criticism for choosing Bald Eagle and wonder if it was too much to ask from them for a small project.
Final Business Response /* (4000, 17, 2014/12/16) */
[redacted]
> [redacted]
> President
[redacted] IL XXXXX
Office: [redacted]
Cell: [redacted]
[redacted]
(Quoted text hidden)

Initial Business Response /* (1000, 10, 2014/08/04) */
Subsequent to our meeting with the complainant, we have visited their property multiple times to view the condition of their yard. The (1) area that did sustain damage (36" x 8" ) is actually on the city's property. We removed the...

damaged grass in this spot and applied grass seed. Subsequent to this we have returned to water the area multiple times. The grass in the 36" x 8" area is thick and healthy now. We asked the complainant's next door neighbor (our customer) to assist us with the watering as well as to alert us if there were any visible damage which might show up. The next door neighbor indicates that throughout this process the only damage was on the city's property. Through out all of this Bald Eagle Construction as well as the complainant's neighbor has periodically taken pictures of the yard. There has been no indication of damage to the complainant's property. However, Bald Eagle Construction welcomes the idea of the complainant contacting landscaping companies to come visit their yard. We look forward to reviewing the written reports/evaluations from reputable landscaping companies regarding their yard.

Initial Business Response /* (1000, 13, 2014/08/22) */
8/21/14
In August 2014 I (owner of Bald Eagle)went to inspect the sidewalk. I took a number of pictures.
Three years ago we replaced a portion of her walkways. The portion of the walkway we replaced looks much better and newer than the...

adjacent walkways which we did not replace. The homeowner asserts in the complaint that the sidewalk is falling apart. This is a gross exaggeration. I would ask that the homeowner to have a reputable Revdex.com approved concrete contractor visit her sidewalk to give their assessment. Bald Eagle will pay $50.00 to that contractor for their time and opinion.
The owner has some pop-outs and (1) crack in her sidewalk. Pop-outs are inevitable and are due to light weight chert (found in the aggregate of concrete)separating from the surrounding concrete due to moisture which freezes and then expands during the winter. There are many freeze/thaw cycles during the winter and last winter saw the most freeze/thaw cycles ever recorded in the Chicago area.
The difficult truth about concrete is that it will crack. It has to crack because it contracts (shrinks) during the hydration process (drying, curing, hardening) and the bond between the cement paste and the aggregates is not strong enough to withstand the stress. All we can do as contractors is to help control where the cracking occurs.
As per code and common concrete pouring standards, we used control joints across the width of the walkway at regular intervals. The purpose of the control joints is to induce the inevitable cracking to run along the control joint (and thereby be less visible). We have never guaranteed anyone that the concrete we pour will not crack. We know that it will crack. It is unfortunate when concrete does crack, but it is not possible to prevent. We are not aware of any concrete contractor who will guarantee that the concrete they pour will not crack. In fact, any contractor who makes that lofty promise might be one to avoid. As much as we would like to alter its curing dynamics, we are incapable of tinkering with the physics of concrete.
This project was poured to code. After removing the original concrete, we installed compactable gravel, and then vibrated (compacted) the gravel with a machine. Upon the gravel we poured 4000# compression, 6 bag mix concrete. ANYTHING that happens below the prepped area (8" total depth) is completely out of the contractor's hands. If the earth heaves or settles in the future, the concrete will move with it, and this can definitely cause it to crack.
Bald Eagle Construction looks forward to speaking with any reputable Revdex.com approved concrete contractor whom the homeowner chooses to get a professional 3rd opinion.
Initial Consumer Rebuttal /* (3000, 15, 2014/08/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
There is one part of the sidewalk towards the backyard, that was not replaced by this company. It was poured by the company that redid our back patio. It has not cracked, does not have any pitting, and no "pop-outs". Also I disagree with the statement that the sidewalk area that they replaced looks newer and better than the areas that they did not replace, I agree that the old sidewalk does not look as bright as the new one but there is minimal pitting, no cracking, no pop-outs and has lasted for at least 20 years. Also, all of the cracking and problems with the sidewalk happened prior to this past winter, with a new crack forming on one of the slabs by the backdoor over the last couple of weeks.

Initial Business Response /* (1000, 10, 2014/08/04) */
Subsequent to our meeting with the complainant, we have visited their property multiple times to view the condition of their yard. The (1) area that did sustain damage (36" x 8" ) is actually on the city's property. We removed the damaged...

grass in this spot and applied grass seed. Subsequent to this we have returned to water the area multiple times. The grass in the 36" x 8" area is thick and healthy now. We asked the complainant's next door neighbor (our customer) to assist us with the watering as well as to alert us if there were any visible damage which might show up. The next door neighbor indicates that throughout this process the only damage was on the city's property. Through out all of this Bald Eagle Construction as well as the complainant's neighbor has periodically taken pictures of the yard. There has been no indication of damage to the complainant's property. However, Bald Eagle Construction welcomes the idea of the complainant contacting landscaping companies to come visit their yard. We look forward to reviewing the written reports/evaluations from reputable landscaping companies regarding their yard.

Initial Business Response /* (1000, 5, 2015/05/13) */
As I explained to the homeowner, I have been unavailable to communicate, I have been working on a project that has kept me away from the office. I have had a few Email's back and forth with the homeowner. Our emails have always been returned...

within a few days. The repair the homeowner needs completed is 'not' a warranty issue (porch remodel was completed in 2008, and implied warranty is for one year from completion). Any local handyman can help out with this situation, I have also just forwarded an email to the homeowner offering to provide names of a local handyman. I feel the homeowner has been unreasonable with this complaint.
Initial Consumer Rebuttal /* (3000, 11, 2015/05/28) */
[redacted]corresponding documents attached.
Attention [redacted]: Case number [redacted]
Hi [redacted],
I am extremely upset with [redacted]'s response! I have
attached all emails to [redacted] and from [redacted]. As you will see in the documentation, [redacted] said he will be avail. after Memorial Day. He also told me what his fee is. He was aware of all this
after contacting Revdex.com. So now, this morning I get an email saying he won't come down because I contacted Revdex.com. In my opinion, this kind of behavior is unprofessional. I know this
company is Revdex.com accredited and for this I'm surprised by his response! Please help!! Thanks so much [redacted]!
Also, I am offering my phone numbers and hoping you will do a follow up call. Again, thank you!!
[redacted]copied and pasted.

Initial Business Response /* (1000, 13, 2014/08/22) */
8/21/14
In August 2014 I (owner of Bald Eagle)went to inspect the sidewalk. I took a number of pictures.
Three years ago we replaced a portion of her walkways. The portion of the walkway we replaced looks much better and newer than...

the adjacent walkways which we did not replace. The homeowner asserts in the complaint that the sidewalk is falling apart. This is a gross exaggeration. I would ask that the homeowner to have a reputable Revdex.com approved concrete contractor visit her sidewalk to give their assessment. Bald Eagle will pay $50.00 to that contractor for their time and opinion.
The owner has some pop-outs and (1) crack in her sidewalk. Pop-outs are inevitable and are due to light weight chert (found in the aggregate of concrete)separating from the surrounding concrete due to moisture which freezes and then expands during the winter. There are many freeze/thaw cycles during the winter and last winter saw the most freeze/thaw cycles ever recorded in the Chicago area.
The difficult truth about concrete is that it will crack. It has to crack because it contracts (shrinks) during the hydration process (drying, curing, hardening) and the bond between the cement paste and the aggregates is not strong enough to withstand the stress. All we can do as contractors is to help control where the cracking occurs.
As per code and common concrete pouring standards, we used control joints across the width of the walkway at regular intervals. The purpose of the control joints is to induce the inevitable cracking to run along the control joint (and thereby be less visible). We have never guaranteed anyone that the concrete we pour will not crack. We know that it will crack. It is unfortunate when concrete does crack, but it is not possible to prevent. We are not aware of any concrete contractor who will guarantee that the concrete they pour will not crack. In fact, any contractor who makes that lofty promise might be one to avoid. As much as we would like to alter its curing dynamics, we are incapable of tinkering with the physics of concrete.
This project was poured to code. After removing the original concrete, we installed compactable gravel, and then vibrated (compacted) the gravel with a machine. Upon the gravel we poured 4000# compression, 6 bag mix concrete. ANYTHING that happens below the prepped area (8" total depth) is completely out of the contractor's hands. If the earth heaves or settles in the future, the concrete will move with it, and this can definitely cause it to crack.
Bald Eagle Construction looks forward to speaking with any reputable Revdex.com approved concrete contractor whom the homeowner chooses to get a professional 3rd opinion.
Initial Consumer Rebuttal /* (3000, 15, 2014/08/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
There is one part of the sidewalk towards the backyard, that was not replaced by this company. It was poured by the company that redid our back patio. It has not cracked, does not have any pitting, and no "pop-outs". Also I disagree with the statement that the sidewalk area that they replaced looks newer and better than the areas that they did not replace, I agree that the old sidewalk does not look as bright as the new one but there is minimal pitting, no cracking, no pop-outs and has lasted for at least 20 years. Also, all of the cracking and problems with the sidewalk happened prior to this past winter, with a new crack forming on one of the slabs by the backdoor over the last couple of weeks.