Butterfield Construction

Initial Business Response /* (1000, 5, 2015/04/27) */
Contact Name and Title: [redacted] Wm. [redacted]
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@sbcglobal.net
Let me begin my response to this slanderous rant with a little history of this bank-funded project. Reputedly, the first contractor...

completed sufficient work to receive payments from the bank, absconded with the funds not paying for any of the rough-ins by sprinkler, plumbing, electrical, mechanical subs, and multiple material and labor suppliers many of whom filed liens. I am the only contractor with sufficient fortitude and integrity to complete the project. At this point all but one subcontractor has been paid, the exception being work done under an authorized change order for which I have not been paid. The work performed for this client was done under a fixed price contract, as required by the lending institution. I am currently owed a significant amount of money, the remaining balance of the contract, adjustments for allowances, and virtually all of the change orders. Most of the change orders were authorized at fixed price, several were done on a cost plus basis, and two were completed time and materials. In some instances change orders were necessitated because there were items the owner had negotiated to undertake himself and was unable to complete, and requested that my company do so. Many times this was due to his lack of available funds.
I have been a general contractor for 36 years. During that time I have never encountered a more difficult client. This client is in constant pain. He is on major doses of prescription pain medications and receives regular infusions at Stanford hospital. On many occasions he would rant and expound how (previous subcontractors that remain unpaid) were "is, iss, stupid or useless and would not be allowed on the property." I believe his rants are a mirror to his self-hatred for his self-induced disability. I have a stack of drug induced rants in the form of text messages, sent at all hours of day or night. During walkthroughs with the bank HUD inspector he might or might not appear, he might or might not sign the documents for payments. His actions were sufficient that on one payment request the inspector noted both he and I should receive hazard pay. One payment he refused to sign over to me, so it was returned to the bank. His rants and temper tantrums were not restricted to me, and the HUD inspector but also any person performing work on the job. His attitude was sufficiently erratic such that more than one person did not want to be on the job alone.
I further learned after undertaking the project that I had not one but three clients, his 84 year old mother who has given him all of her saving and maxed out her credit cards, and his brother who has partial ownership in the home. All of whom felt I should be at their beck and call 24/7. Both additional clients begged me to complete the project, and put forth additional monies so the project could be completed, with promises of a refinance that the mother and I would be paid all the monies we had extended for the completion of the project.
With respect to the quality of the work, as stated I have been in business 36 years, all of the subcontractors I used were licensed professionals. I have been in business this long because I perform quality work according to building codes and standards. I complied immediately with any request for anything that was not to his satisfaction, rational or irrational.
With respect to the quality of the cabinet installation which was completed on September 4, 2014. The work was completed by carpenters with more than 60 years' experience between them. They were installed to best industry standards. The owners proceeded to stock the shelves shortly after the installation, and at no time did I receive a complaint as to a defect in the installation. Not a phone call, nor text message to indicate any problem with the installation. The cabinets were installed under a revised work order because he did not have the $5000 to pay someone else to install the cabinets, at no time did I hear about or did I agree to a fixed price of $5000. The revision was agreed to and signed at a time and materials basis. The work billed included all necessary work to correct the subfloor defects for a proper installation, and work to prepare the cabinet tops for granite installation, by the owner's granite contractor, for the complete installation of a full kitchen with an island and 2 bathrooms' cabinets.
I too could go on and on about the difficulty of this project, that started with his inability to trust by limiting my access to the site. At no time over the course of 11 months on the job did the homeowner give me a key to gain entry, usually I keep a house key in our lockbox for use by my men and subs.
I believe you now have sufficient information to close this complaint because any "warning" would be false and misleading, and the "settlement" he wants is to not pay me monies earned under the contract and authorized change orders.