Brian Vivieros Contracting, Inc.

Hi,I will reply below each comment in bold as professionally as possible.Thank you.Sincerely,[redacted]PresidentBrian Vivieros ontracting, Inc.The details of this matter are as follows:Complaint Involves:Customer Services Issues Customer’s Statement of the Problem:We needed an old barn...

restored and secured because it was structurally compromised. We were casual friends with the contractor through a mutual friend. We asked for an estimate that at first seemed quite high but trusted him because of our personal relationship. We signed a basic contract for work to begin.  [redacted] reply:(This is a descriptive, SIGNED Contract that is a binding agreement between the parties involved, NOT “an estimate”.  Following the execution of the original, binding contract, the property owner thereafter caused further change orders to the original binding contract.) He started the job and proceeded to behave in an inappropriate and unprofessional manner. [redacted] reply:(I started and did my job professionally until the customer told me to “Stop working”.  At all times material thereto, I was licensed and insured for the work.  Notably, I have NEVER received a complaint regarding the manner of my construction work despite decades of services.) The work site was a total disaster and dangerous. He left power tools plugged in and scattered all over the floor over the weekends. He also neglected to prepare the site for any lead paint hazards or dust prevention near stalls where live animals are and children play. [redacted] reply:(I have been in this business and trade for over 38 years without EVER having ANY “disaster”, accident or hazard happen on a job site! EVER!! The worksite was blocked off every day so no one could get hurt during construction.  No OSHA violations were rendered with respect to this project.  Similarly, No building official for the municipality ever determined that the construction work violated any municipal ordinance.   As a practical matter, children should never be permitted to play on a construction site. That is the parents'/guardians' legal responsibility. This was a major barn renovation that was not to be a playground, as in any construction site. Tools, materials and equipment are left on job sites during construction without issues, out of harms way in the customary and reasonable practice.   Live animals were brought outside every morning by the barn staff. There was NO “lead paint” to address on this project.  Moreover, the Property owner had never expressed a concern about lead paint prior to the initiation of work. When we pressed him for specifics on material costs He refused to answer basic questions about prices and was very dishonest and/or misleading about the products distribution channels. [redacted] reply:(The customers were given a Contract price for the entire, specified project. Any deviation or change would be an extra assessment that was clearly articulated in a Change Order to the original Contract and thereafter became a binding agreement. At NO time in my ENTIRE career do I give or WILL give my cost breakdown.  The project was estimated as a result of my decades of experience in the field and that I would be devoting time on this project to the detriment of my being able to take on other projects during that timeframe.  I am a professional licensed and insured Contractor with a phenomenal reputation of being one of the best Contractors on Aquidneck Island. I gave the Property Owner a hard price for the work that was to be performed and that was started. The customers are in breach of our SIGNED Contract and if they continue to push this further with legal action, I will be forced to sue them for breach of Contract, deformation of character, punitive damages, legal fees, etc.) He spent much of the day talking on the phone and booking jobs for his other boat hauling business. He scheduled doctor's appointments during work hours and had friends visit the site. [redacted] reply:I worked on a Contracting project as I have since I was 9 years old, doing my job. I am a General Contractor, not a hired hand working by the hour, rather a Contract job with a Contract price. When this project was initiated, both parties understood that I was going to be engaged in addressing a number of different engagements-including those associated with my other business.  The parties agreed to go forward with a full understanding of that.  By selecting this Project, I was unable to be retained for other construction work during that timeframe.  Moreover, as a practical matter, a number of professional colleagues often meet me at projects for a variety of different reasons.  Some of these include sub-contractors and past and future clients (one of my clients was an 84 year old friend who often drops in on my local projects so that he can see the work that is being done and advise other friends and colleagues of my work).  As a General Contractor, I did schedule a doctor's appointment during daytime hours as that was the timeframe available to the medical provider.  The contract here did not contain a specific start or completion time (and if it had, that would have been further delayed as a result of the Property Owner's multiple change orders).  Moreover, there was no prohibition in the contract forbidding time for a medical matter or to show the work being performed to colleagues.  I would submit it is fairly standard practice for Contractors in the greater Aquidneck Island area to afford their colleagues the opportunity to show one another their work on a given project as it is an excellent way to further cement rapport within the local construction community.  As a longstanding member of that group, this type of dropping in on jobsites has been going on since I was a minor.    He failed to recognize deadlines and time frames that we discussed for a studio move that had to take place in May. [redacted] reply: The  parties discussed and agreed that there was no specific time of completion date by the parties.  In fact, the opposite was true.  The Property Owner had indicated that they understood that I had other obligations and remarked that hauling boats during the course of the project was not a concern.  They advised specifically: "It will give us more time to save more money for the project.”  He was also a horrible at listening to our concerns, aesthetic desires and layout proposals. [redacted] reply:Prior to the matter at hand, I have NEVER been accused of this as I bend over BACKWARDS for ALL of my customers.  They hired me for my expertise.  If the Property Owners knew more than I did about their renovation, then why would they have hired me in the first place?  Part of the issue in this case was that they decided to reconfigure the plans on multiple occasions.  His refusal to use any temporary, low skilled labor for basic clean up and physical tasks was incredibly inefficient. [redacted] reply:(I am an incredibly efficient Contractor/carpenter. I built a 4,600 square foot, custom house with me and an apprentice in less than 7 months! I do not need help for every job I do. I told them the project was roughly a 3 month project which I was on track for.) He wasted hours and hours of our personal time with incessant, often vitriolic rants about his recent heartbreak. [redacted] reply:I had conversations with the Property Owners (that they had often initiated) in response to a breakup that I had experienced with a recent and mutual friend.  These discussions never amounted to a significant amount of time.   His disruptive behavior, erratic work schedule (leaving the job for 6 weeks)and highly personal rants with his tasteless country music blaring as well as his insanely high prices and his made it impossible for us to continue the project. [redacted] reply:My behavior, work schedule and workmanship were ALL professional. Music was often playing on the jobsite but the Property Owners did not ask me to turn it off.  The period of time when I was away from the project had been discussed in advance of the execution of the contract.   When we asked him for half of our large deposit back (after we broke down the part of the job he completed) he refused to negotiate in any reasonable or decent manner. He took the money and ran. His unprofessionalism and unwillingness to budge left us no option but to submit this complaint. [redacted] reply:Customers do not estimate the cost of work to be completed or that has been completed, the Contractor does. That was the purpose of the contract (and the change orders to it).  In the event that the Property Owners determined that the pricing exceeded their budget, they should not have executed it and or gone ahead with multiple change orders to the original contract which necessarily increased the const.  The first payment was also made without any issues.This is the FIRST time in over 38 years of being in this business I have EVER had a complaint and/or have started a project and will NOT be finishing it! This upsets me personally as well business wise, but the great thing about telling the truth is it is ALWAYS the same.These people should be ASHAMED of themselves! The bottom line here is I broke up with their friend who keeps her horse at their barn so they have chosen to make this a personal vendetta against me instead of keeping their noses out of it! To bring my LIVELYHOOD into this…is BEYOND ACCEPTABLE!   This mutually agreed to project was established from the onset that the work would be done between job appointments.  There was significant design (and re-design) work, engineering work, with estimates, multiple appointments with sub-Contractors, inspectors and the like-the list goes on and on.  The Property Owners executed the Contract (and change orders) and have breached their own responsibilities.  As such, they are not entitled to a refund.  If I am forced to retain counsel, I will explore other incidental and consequential damages occasioned by their breach of contract.  Actions sounding in libel based on the representations made in this very inquiry may also be considered.  Sincerely,[redacted]PresidentBrian Vivieros Contracting, Inc.401-644-6754 cell