Revdex.com: I appreciate the offer, however our attorney had previously sent a formal request to Chuck Miller Construction and as of 9-22-CMC agreed to participateWe will continue to attempt resolving this conflict with our attorneys help I would like to reject the offer of Arbitration for complaint ID [redacted] Sincerely, [redacted] & [redacted]
CUSTOMER EXPERIENCE INFORMATIONCustomer Information: [redacted] [redacted] *** [redacted] *** Daytime Phone: [redacted] Evening Phone: [redacted] E-mail: [redacted] The details of this matter are as follows: Complaint Involves: Product IssuesCustomer’s Statement of the Problem: CMC was contracted to build a second story addition on our homeThe builderfailed to complete the job in a timely fashion going three months past theprojected/scheduled date of completion In response to the [redacted] ’s allegation that we failed to complete the job in atimely fashion, we do not dispute the fact that the job took three (3) monthslonger than originally projected.The job was never completedWe have had to hire an alternate contractor tofinish and repair work done on this job.The job was 98.02% complete when the [redacted] ’s ordered us off the job andterminated our contractChuck Miller Construction was willing to complete the final2% along with any legitimate punch list itemsThe [redacted] ’s CHOSE to hireanother contractor It should be noted that the alternate contractor whom they hired is not registered withthe Idaho Board of Contractors in violation of §54-(1) of the Idaho CodeIn fact,his registration was revoked by the Idaho Contractors Board on 11/13/Mrs[redacted] was made aware of this fact during construction when she inquired abouthiring this individual to replace Mark S [redacted] The [redacted] ’s contacted Chuck Miller Construction Incin May to discussadding a 2nd floor to their existing homeThey had had a conceptual planprepared by a draftsmanChuck Miller Construction Incforwarded the [redacted] ’s a Design-Build Remodel Agreement on 08/04/for their review After not having heard from them, Chuck Miller Construction Inc followed up withthe [redacted] ’s on 02/10/to see if they were still interested in proceedingChuck Miller Construction Incprovided the [redacted] ’s with conceptual plans on02/16/They were provided with another copy of Design-Build RemodelAgreement on 02/17/Preliminary plans were provided on August 7, 2016.The Preliminary Estimate was provided on 08/24/The Electrical Plan wasforwarded to them for their review on 10/16/The [redacted] ’s werepresented with “final” plans on November 7, They signed the Specificationson 11/17/They signed the “final” plans on 12/03/ The final plans specified and budgeted framing being done by Remodels Pluswhen in fact at that time it was known that the proprietor, Mark S [redacted] , wasdisabled due to a broken hip and unable to climb ladders, scaffolding etc.Knowing that Mark was unable to complete the demolition and framing, CMCfailed to update the estimate to reflect that another framing company ( [redacted] ) would be completing the demolition and framing under differentcontractual terms and ratesNor that they would be operating unsupervisedduring Chucks trips to Las Vegas and Chicago during the framing stages.My trip to Chicago was Wednesday September 30, through Sunday October 4,before construction startedMy trip to Las Vegas was Saturday January 16, 2016through Friday January 22, During those five (5) work days, the only workscheduled was the framing and the only subcontractor on the project was [redacted] ConstructionDuring that time, I was available by phone and spoke with [redacted] onWednesday morning January 20th, Thursday afternoon January 21st, and Friday morningJanuary 22ndI have attached copies of my Sprint bills for those dates As consumers we had no way of knowing that Chuck Miller had used estimatesfrom a sub that was not available on the budgetThis change in labor resulted in [redacted] invoicing $4,over the total budgeted allowance for framing whenhe had only completed the upstairs and not the stairwell and downstairs showerthat remainedChuck Miller then claimed this was also an “unexpected priceincrease due to unforeseen changes in the availability of trade contractors” andthen used the bulk of our contingency to pay for the overages in framing from [redacted] as well as another $in framing charges when the stairwelland shower were framedSo in summary, after all the time that CMC spent onpreparing this budget and not to exceed bid, the framing for this project that wascalled out to cost $18,ended up actually costing $28,This is not anunforeseen or unexpected price increase this is something closer to fraudIFChuck Miller had done his due diligence, he would have received a written bidfrom [redacted] construction and updated the budget to reflect this prior tosigning final papers.The Budget Estimate was based on a bid from Mark S [redacted] dba Remodels PlusMarkwas diagnosed with a staph infection in his hip in early October Chuck MillerConstruction Incfirst contacted [redacted] Construction on October 12, Markunderwent emergency hip replacement surgery on October 18, Chuck MillerConstruction Inc., provided [redacted] with a set of plans, and requested a written bidand copies of his insurance certificatesThe contract with the [redacted] ’s was signed on 12/3/I was in regular contact with [redacted] requesting his bid for the projectIfinally emailed [redacted] Chuck Miller Construction Inc.’s estimates for the project toon 12/21/Copies of the email and estimates are attachedMr [redacted] agreed toperform the work for the amounts shown on the estimates [redacted] Constructionleft the job on 02/16/to start another projectOn 02/22/Mr [redacted] submitted his “final” invoice to Chuck Miller Construction IncMr [redacted] , after verballyagreeing to the budget, decided that he needed to be paid on a time and material basisresulting in as additional $4,in cost for the work performed and excluding thework still to be completed.I have attached copies of my Sprint bills for the periods September 18, throughJanuary 17, showing the numerous phone conversations with [redacted] .It is also noted that Chuck Miller Construction Incinvoiced [redacted] Construction Inc.$3,for labor and materials to correct and complete the work he was paid toperform.The [redacted] ’s were monthsThe Agreement with the [redacted] ’s (Exhibit A) stated in Paragraph 6.1:Remodeler will proceed with the Work and obtain inspection(s) andapproval(s) from the applicable building authority in a commercially expeditiousmanner, unless delayed by the unforeseen unavailability of necessary labor ormaterials, restricted access to the worksite, delays in communications withOwner, inclement weather, changes in the work, or causes beyond Remodeler'scontrol.Paragraph further states While Remodeler will, at all times, conscientiously proceed with the work,the Schedule is an estimate of the time to complete the Project and is only for thebenefit of Owner's general planningThe actual completion time is subject to thefactors identified in Paragraph of this AgreementRemodeler shall not beresponsible for any financing costs incurred by Owner due to delays in thecompletion of construction.Paragraph states If Remodeler is delayed at any time in the progress of the Project by any actor neglect of Owner or by any separate contractor employed by Owner, or bychanges ordered in the Project, or by labor disputes, fire, unusual delay intransportation, adverse weather conditions not reasonably anticipated,unavoidable casualties, or any causes beyond Remodeler's control, or a delay authorized by Owner pending arbitration, then the Date for SubstantialCompletion shall be extended by Change Order for the period of such delayCauses beyond our control which contributed to the delay include but are notnecessarily limited to the following: Hidden Springs Town Design Review Board Approval Calendar DaysCompletion of Structural Engineering Calculations Calendar Days Drywall Hang Calendar DaysIn addition to the above, the project has been delayed due to the unavailability oftrade contractorsI have attached a copy of a report recently published by theNational Association of Home Builders Housing Market Index: Special Questionson Labor and Subcontractors’ Availability (Exhibit B)I believe that some of the dates are incorrect here, however it has little bearingon the actual complaintIt is still our position that the majority of delays on thisjob were due to lack of management and failure to adequately supervise workdone by subcontractors under CMCMark S [redacted] was represented as havingworked with Chuck Miller Construction regularly over two decades and wasimplicitly trusted to be the onsite foreman in Chucks absence.Mark turned out to be one of the more unreliable tradesmen in terms of honoringthe scheduleRoutinely failing to show up as scheduled and regularlyunderestimating the amount of time he would need to complete workWhen thestairwell was finally framed in late after the electrician had re-routed severalcircuits, Mark failed to frame the wiring into the stairwell wallsThe net resultbeing the electrician had to come out an additional time to move the wiring yetagain into the now existing stairwell framingDue to these issues and more weasked Chuck about replacing Mark S [redacted] and were told that Chuck had no oneelse that could do the work, that firing Mark would be in essence firing Chuck.Mark was on the job more than any other trade contractorConsequently, his presenceor absence was most noticeableMark, like all of the other tradesmen who worked onthe job, is an independent contractorIndependent contractors and employees are notthe same, and it's important to understand the differenceAn Independent Contractor:• Operates under a business name• Has his/her own employees• Maintains a separate business checking account• Advertises his/her business' services• Invoices for work completed• Has more than one client• Has own tools and sets own hours• Keeps business records As stated previously, Chuck Miller Construction Inc.’s extent of the right to direct andcontrol independent contractors is limited.Specifically regarding the electrical wiring Mrs [redacted] is referring to, Mark S [redacted] isnot an Electrician and the wiring required more than just “framing the wiring into thestairwell walls.”I stand by my statement that I had no one else I could call who would do the work thatMark was doingMrs [redacted] suggested that I contact [redacted] , but I explainedthat it is a violation of State law §54-(2) (a) to engage any other contractor who isrequired by this chapter to be registered as a contractor unless such other contractorfurnishes satisfactory proof to the contractor that he is duly registered under theprovisions of this chapter as required by §54-(2);The builder failed to be on site to adequately oversee work done bysubcontractors resulting in not only delays but incorrect or incomplete workIn response to the [redacted] ’s allegation that I “failed to be on site to adequatelyoversee work done by subcontractors resulting in incorrect or incomplete work,”Chuck Miller Construction Inc.’s office is located miles from the [redacted] ’sor approximately minutes away(Exhibit C) While I might not have checked inwith the [redacted] ’s every time I visited the site, I personally visited andinspected the project at least once every day at the end of the day to inspect thework and insure that the project was secured for the eveningI was on site in 5minutes or less when there was a question or situation that needed myimmediate attentionThe trade contractors and suppliers were instructed to call me if they had any questions or encountered any problems.The fact that Chuck lives and has an office 4min away is exactly why we were sofrustrated with the problems that resulted from him not being availableIf he wason site every work day and available by phone for subcontractors then why didwe fail framing inspectionsOn the third failure, I believe it was 4/5/16, theinspector showed up to the jobsite, Chuck was not on site, the inspector informedme that he had called Chuck with no answer and left him two voicemailsHe alsoexplained to me that we still were not going to pass framing inspectionI myselftried calling Chuck and got no answerAt this point I decided to drive over to hisoffice and was surprised to find he was sitting in his office at his desk and had noexplanation to why he was not answering his phoneThis is one of manyinstances that Chuck was not available.The inspection Mrs [redacted] is referring to did occur on 04/05/The request forthat inspection was submitted on 04/04/A copy of the inspection request isattachedYou will note that the request contains my cell phone number 571-as thenumber to call if the inspector has any questionsThe inspector, Bryan G [redacted] phonenumber is 573-Contrary to Mrs [redacted] ’s statement regarding the inspector’s attempts to contact me, I did not receive any phone calls or voice messages from Mr.G [redacted] I have attached a copy of my cell phone bill showing incoming and outgoingcalls on 04/05/You will note that there were no incoming calls from 573-onthat day but that I did attempt to call Bryan at 5:PM.Prior to starting this project, we asked CMC is it reasonable for us to live in ourhome during this construction since my husband works from home and heassured us it would not be a problemDue to his lack of management weendured constant interruptions from subcontractors with questions because theycouldn’t get ahold of Chuck and many times there were not adequate plans onthe jobsiteWe even provided our own copies of the plans to workers in anattempt to keep work goingI did not expect Chuck to meet with us or “check in”with us daily, however parking your car in front of our home for 10min everymorning and evening is not managing the jobWe also had an instance when outof town, that our neighbors came by to find the front door ajar and no one on site.Chuck was being paid to make sure that the work was being completed correctly,he himself should have been personally reviewing the work being done to ensurethat it was done per the plans and design agreementInstead it was often myselfor my husband coming across incorrect or unacceptable work, such as:Specifically regarding the “constant interruptions from subcontractors with questionsbecause they couldn’t get ahold of Chuck and many times there were not adequate planson the jobsite,” the approved permit plans were on the job and Chuck Miller Constructionprovided additional sets to the trade contractors as neededAs stated, I was availableby phone when not on the job and all of the trade contractors had my phone numbers.While some of their employees might not have had my phone numbers, the [redacted] ’sdid and could have simply directed the tradesmen to call me.Rather than refer tradesmen to me or contact me directly when there was a question,Mr [redacted] CHOSE to communicate directly with the trade contractors in violation ofParagraph and of our Agreement:Owner shall forward all instructions to RemodelerOwner shall not communicatedirectly with any workman, employees, agents or trade contractors of Remodeler,unless so directed by RemodelerNo contractual relationship shall exist between Owner and any trade contractoror supplierRemodeler shall be responsible for the management of the tradecontractors in the performance of their WorkOwner shall communicate with thetrade contractors only through Remodeler.In fact, my subcontractors actually complained to me about Mr [redacted] ’s frequentphone calls and at least one eventually blocked his phone number-during demolition too much of the roofing on the northside of our home wasremoved and had to be repaired,And it was repaired at no cost to the [redacted] ’s.-storage space was never framed in and according to the framer CMC nevereven discussed this with them,The storage space was shown on the plans provided to [redacted] Construction and onthe approved permit plans which were on the jobsiteIt was also discussed with Mr[redacted] during the framing.-HVAC units being installed in skylight framing,The skylights had not been installed at the time the HVAC units were installed due tochanges in the skylights by the [redacted] ’s which delayed their ordering and deliveryIarrived on the jobsite as the HVAC contractor was installing the units and the conflictswere resolved.-incorrect lighting & fans installed,-flooring was installed in areas it shouldn’t have been and had to be removed,I believe the flooring Mrs [redacted] is referring to was the cork flooring of whichapproximately sqftwas installed in the tub/shower area of the Upstairs BathMrs[redacted] worked directly with the flooring contractor on material selectionsI was notaware that the flooring in this area had been changed to tileThe error was correctedthe same day it was discovered and the [redacted] ’s were not charged for the materialor the labor.-wiring wasn’t framed in properly and had to be redone resulting in delays andincurring more costs,Wiring is done by the electrician AFTER framingI assume the wiring she is referring to isthe wiring in the stairway which was discussed previouslyChuck Miller Construction Inc.is unaware of any additional costs incurred by the [redacted] ’s for this work.-tarping during demolition was inadequate and resulted in significant waterinfiltration-a $laundry room sink which had been called out to be reused in the project“disappeared” and no one bothered to tell us what had happened, uponquestioning CMC claims the sink was damaged during demo and hauled away,why no one bothered to tell us or show us? No replacement was offered The existing Elkay Asana Asana® Undermount Single Bowl Sink Model ELUH16LVLavatory with Overflows Utility Room sink was not installed by the original installeraccording to the manufacturer’s recommendations using mounting brackets and siliconecaulkRefer to the attached manufacturer’s installation instructionsInstead, it wasepoxied to the bottom of the existing countertop and we were unable to remove itwithout damaging itThe plans and specifications called for the sink to be repurposedfor the sink in the new upstairs Utility RoomThat same model sink was specified forthe new upstairs bath vanityAs noted in the attached Plumbing Fixture list, the cost ofthat sink was $Chuck Miller Construction Incprovided an Elkay CrosstownUndermount Stainless Steel inSingle Bowl Sink for the new upstairs Utility Room atno cost to the [redacted] ’s.-existing bathroom sink was damaged and again no explanation given, no repairor replacement offeredChuck Miller Construction Incbecame aware of the damage to the sink after it occurred.We questioned all of the trade contractors working in the bath room and all deniedresponsibilityChuck Miller Construction Incwas ordered off of the job and our contractwas terminated before we could order and install a replacement sink.-allowing mosaic tile work to be installed and then leaving it without cleaning itproperly so that the grout settled into the surface which is impossible to removefrom crevices after 24hrs-numerous items that went missing from the jobsite including extension cords,lighting that was to be reused, and accessory kit from installed fan, supposedexcess materials were removed and disposed of only to later find out more of thesame materials were needed and ordered at additional cost.Chuck Miller Construction Incwould appreciate it if the [redacted] ’s would provide a listof the “numerous” items that when missingChuck Miller Construction Incis unawareof any additional costs incurred by the [redacted] ’s.-despite our repeated complaints, subs would continue to wash out their bucketsinto our landscaping and rain diverters which has resulted in necessary repairs,Please provide additional information on the “necessary repairs”-despite having and paying for a port-a-potty on site our master bathroom (whichwas not part of the project) was used by workers and family member, trackingconstruction debris through our homeThis occurred once when Mark S [redacted] wife was on site-Our landscaping and driveway were littered with construction debris includingstucco, nails, roof tacks and more that were not cleaned upI personally oversaw the final cleaning on the driveway and surrounding area on FridayJuly 8th.-Landscaping was damaged by subs including but not limited to plants beingtrampled, limbs being broken off a tree by a trailer, and bushes killed byscaffolding that was left in place for months due to work delays,Chuck Miller Construction Incis unaware of any bushes killed by scaffoldingThe [redacted] ’s were told that any damage to their landscaping would be repaired orreplaced upon completion of the workChuck Miller Construction Incwas ordered offthe job and our contract terminated before we had an opportunity to do so.-despite numerous complaints, our gates were left open repeatedly allowing ourdogs to get loose and run the risk of being lost or hit by carsChuck Miller Construction Increpeatedly directed our trade contractors to be sure toclose the gatesIf he was concerned and aware of the problem, perhaps Mr [redacted] could have checked the gates before letting the dogs out.I could go on and on with examples of things that the general contractor shouldhave been taking care ofIf Chuck was on site as much as he claims then thesethings would not have occurred.The builder included a storage area in the second floor addition but failed to haveit framed in and it was never completedWhile under contract, multiple issueswere brought to CMC including damage from construction to our existing homeas well as several areas in the new construction that were not acceptable.The attic storage area was added to the plans at the [redacted] ’s request on11/05/As shown on the plans and specifically, Sht A-Section B, thisattic storage area was to be an extension of the new floor framing into the attic.The storage area consisted of an OSB floor open to the atticThe plans wereforwarded to the structural engineer on Tuesday December 10, Asexplained to the [redacted] ’s, the structural engineer determined that the existingtrusses would not support the cantilevered floor structureThe webs in theexisting trusses would need to remain making the area virtually unusable so wewere unable to provide the storage as drawnI have attached a copy of Sht A-(Exhibit D) and the structural engineer’s drawings and calculations for thetrusses in question(Exhibits E) During the planning and design phases, CMC had proposed adding built instorage along the south wall of the additionWhen the time came to review thefinal documents nothing was included about the storage area, so yes, we at thattime asked that he put them on the plan or in the design documents so that itwasn’t just a verbal agreement that this was to be included in the plan, (I will notethat he also had verbally assured us that the built in storage under the stairs wasincluded in the framing costs and later went back on that also)It wasn’t untilafter final design documents were signed that he asked his structural engineerabout doing thisChuck should not have said the storage area could be includedif he had not done his due diligenceI believe that once again he overpromisedwhat he could deliver because he knew that I was questioning the cost of theproject vs the value and storage was important to usBeyond that, it wasn’t untilFebruary, when the framers were close to completing framing the addition thatwe started questioning why the storage space was not framed in and, [redacted] , informed us that CMC had not talked to him about any storage spaceAtthat point Chuck said he still needed to get an answer from his engineer anddidn’t give us any final answer about the storage space until 5/28/(well beyondthe original completion date) after asking him repeatedly.CMC failed to remedy these issues and was not advocating for us as thehomeownerInstead it is our belief that CMC was willfully attempting to pass offsubpar work in an attempt to collect payment regardless of the potentialproblems that would stem from the bad work.In response to the [redacted] ’s allegation that Chuck Miller Construction Incwas“willfully attempting to pass off subpar work...,” all of the work was done inaccordance with the applicable building codes and standards as referenced inthe Codes and Standards section of the Outline Specifications of our Agreement.The work was inspected and approved by the Ada County Development ServicesBuilding Division inspectors (Exhibit F), as well as by our structural engineer.(Exhibit G) The plumbing and electrical work were inspected and approved byinspectors from the Idaho Division of Building SafetyAll of the work wascompleted in accordance with the Residential Construction PerformanceGuidelines for Professional Builders and Remodelers Fourth Edition published bythe National Association of Home Builders.We believe that Chuck Miller failed to have a permit pulled for the HVAC workcompleted by Western HeatingWe also have been informed that neither AdaCounty or Idaho Division of Building Safety ever inspected the venting for thetankless water heater that was installedThe venting does not meet code and thewater heater is faulting due to the improper ventilationIn response to their allegation that neither Chuck Miller Construction Incnor WesternHeating and Air Conditioning Incapplied for a mechanical permit to install the HVACsystem, Ada County Development Services Building Division and not the Idaho Divisionof Building Safety has jurisdiction over mechanical permits and inspections inunincorporated Ada CountyTypically, the mechanical permit is issued to the builderwith the building permitI have attached copies of the following documents:• Building Permit Application• Building Permit (pages)Our permit application included a copy of the Outline Specifications for the projectwhich clearly spelled out the HVAC Equipment being furnished and installed.You will note that the Building Permit includes a Mechanical Fee in addition to thePermit FeeYou will also note that the Permit Card included the following InspectionTypes• Gas Fuel Piping 1• Rough Mechanical• Final MechanicalI response to your allegation that neither Chuck Miller Construction Incnor WesternHeating and Air Conditioning Incever asked Ada County Development Services toinspect the installation is totally without meritI have attached copies of ourInspection Request Forms• Ada County Building Inspection Request 03/25/– Gas Piping, EnergyCompliance• Ada County Building Inspection Request 03/16/– Mechanical Rough,Framing• Ada County Building Inspection Request 04/05/– Gas Piping, MechanicalRough, Framing, Energy Compliance• Ada County Building Inspection Request 07/12/– Mechanical Final, FinalYou will note that mechanical inspections were requested on all of the attachedinspection requests.Specifically regarding the venting of the Rinnai tankless water heater, the venting wasinspected and approved and complies with the manufacturer’s specifications andinstallation instructionsCopies of the manufacturer’s installation instructions areattachedIn response to the [redacted] ’s allegation that Chuck Miller Construction Inc.was “willfully attempting to pass off subpar work in an attempt to collect paymentregardless of the potential problems that would stem from the bad work,” ourAgreement included a detailed Budget Estimate providing a line item by line itemcost breakdownOur monthly Payment Requests were formatted similar to theBudget EstimatePayments were addressed in Paragraph of ourAgreement, and specifically, in the following sub-paragraphs: On or before the fifth day of each month, Remodeler will submit to Owneror Owner’s agent a Payment Request for the work performed and the materialsdelivered to the site or stored “offsite” at a location approved by Owner since thedate of the preceding request for paymentOwner or Owner’s agent shall, within three (3) business days after receiptof Remodeler's Payment Request, either authorize the Payment Request, ornotify Remodeler in writing the amount that has been approved for payment andstating the reasons for withholding payment in whole or partIf Owner fails to timely make any progress payment pursuant to the timelimitations of this Agreement, Remodeler may stop work until the dispute isresolvedSimilarly, if Owner is unsatisfied with Remodeler's work, Owner maystop further payments until the dispute is resolvedThe purpose of this section isto permit Owner to stop payments if Owner is unsatisfied with the progress ofconstruction, and similarly permit Remodeler to stop work if Remodeler isunsatisfied with Owner's payments, partial payments or withholding of payments.Should Owner elect to stop payment because he is unsatisfied with Remodeler'swork or should Remodeler elect to stop work, they shall immediately notify theother party in writing explaining the nature of their disputeDuring thework/payment stoppage period, Remodeler and Owner shall diligently seek toresolve the dispute so that work and payment can expeditiously resume.Unresolved disputes will be handled pursuant to Article 19, unless the partiesmutually agree otherwiseRegardless of which party is ultimately determined tohave rightly or wrongly stopped work or stopped payment, each party waives anyclaim for damages or additional construction or financing costs, if any, directly orindirectly associated with the stoppage of the project during this disputeresolution periodIf the [redacted] ’s were dissatisfied with the quality of the work, they had theopportunity each month to withhold payment on any portion of the work whichthey felt was “subpar.” I have attached copies of our monthly Payment Requests.As previously stated, we were continuously assured by CMC any time that wepointed out something not being done correctly or questioning the quality ofsomething that it wasn’t finished yet and that once it was done it would be good.If we withheld payment on things that we were questioning it also gave CMC theright to stop work, which is the last thing we needed given the delays that hadalready accumulatedIn short, we were told it wasn’t worth holding up the projectas all these issues would be “circled back to” before the final walk thru as part ofthe punch list.I never told the [redacted] ’s that “it wasn’t worth holding up the project.” The [redacted] ’s order us off of the job and terminated our contract before we were giventhe opportunity to conduct our Pre-Occupancy Inspection and generate a punch list asprovided in Paragraph of our AgreementEven when CMC was provided a two week drop dead deadline items that hadrepeatedly been called out to “circle back to” were still left unaddressed.Work was still ongoing during the two weeks prior to the arbitrary deadline of July 8,imposed by the [redacted] ’s to have all work completed, obtain all necessaryapprovals and occupancy permits, and all punch list items on the residence completedand our company, crews, and subcontractors completely off the projectThe schedulesfor the project always showed the Pre-Occupancy Inspection and Checklist following theFinal Inspection and Certificate of OccupancyFinally, in response to the [redacted] ’s allegation that Chuck Miller ConstructionIncwas “willfully attempting to pass off subpar work in an attempt to collectpayment regardless of the potential problems that would stem from the badwork,” Chuck Miller Construction Incwas contractually obligated underParagraph of our Agreement to correct all Work performed under theAgreement which proves to be defective in material or workmanship for a periodof one yearIt would not be in our best interest to attempt to pass of subpar workbecause of the potential problems that might arise and which we would beobligated to correct in the futureIn response to [redacted] ’s allegation regarding the damage to the existing roofshingles, Chuck Miller Construction Incnever denied repair was neededThissection of roof was used to access the second floor from the exterior of thebuilding until July 7, when the exterior railing was installedIn fact, Icontacted [redacted] of Quality Roofing, our roofing contractor, after the railingswere installed and asked him to inspect that section of roofingWe were notpermitted to make these repairs because we were directed by the [redacted] ’s tonot return to the project after Friday July 8, 2016.This is untrue, we asked Chuck multiple times about the roofing being inspected.Initially he said, yes, he would have it inspected and any necessary repairsmadeAfter the balcony was constructed we asked again when the roofing wouldbe repaired and were then told by Chuck that he had the roofing looked at andwas told it was fine and in good condition and no repairs were necessary.Installing the railings had no bearing on repairing the roofing along the balcony.We had to have an end date at some pointHad we allowed CMC all the time heneeded to get his subcontractors to show up to do work, and then come back tothe work that inevitably would have been wrong, the project would neverhave ended.As stated in response to their original complaint, I never told the [redacted] ’s that Ihad had the roofing looked at and was told it was fine and in good condition or that norepairs were necessaryThe deck construction was completed on July 6, 2016.Installing the railings DID have a bearing on repairing the roofing along the balconyUntil the railings were installed, there was still the possibility of work and foot trafficon that portion of the roofAs noted previously, I called [redacted] of Quality Roofingon 07/07/at 9:AM to ask him to inspect the roofingThe [redacted] ’s allegation that there was no flashing installed under the newbalcony that was added by Chuck Miller Construction Incleaving raw lumber upagainst the roofline which if not fixed would have led to water damage and rotthis is simply not trueThe exterior deck was constructed according to bestpracticesThe deck was sloped to drain to the front of the building and coveredwith torch down roofingThe intersection of the deck and interior walls of thebalcony were flashed with metalThe torch down roofing was then applied overthe metal flashingOne the front edge of the deck which is open to the roof, themetal flashing was extended onto the existing roofing and torch down wasapplied over the flashingRedwood sleepers were attached to the torch downroofing to provide support for fastening the composite deckingRedwood wasused because it is resistant to rot [sic]See pictures in attatchment.Quoting [redacted] , the replacement builder:“The portion of the deck that extends in front of the upper wall wasnot flashedWater coming down from the entry roof along theupper wall was directed under the front deck boardsA kick-outflashing has been added at this point to divert water away and ontothe lower roof.“Quality roofing stopped by last week and agreed that this was theright procedureIn their defense, Quality said that when they didthe roofing, the deck was not finished and there was nothing toflash to, only a rafter tail was exposed at the time and that theyweren’t called back to finished it.” The deck construction was completed on July 6, I called [redacted] of [redacted] Roofing on 07/07/at 9:AM to ask him to inspect the roofingI have attached acopy of the phone bill documenting this call As noted previously, [redacted] is not a registered contractorHis registration wasrevoked by the Idaho Contractors Board on 11/13/2008.This is just one of many examples as we are still working on suspected HVACproblems and numerous others! Due to the ongoing problems and inability of the builder to stick to a scheduleand complete the work in a timely fashion, we were forced to terminate thecontract and hire another general contractor to finish the remodel, costing usadditional money and time Currently, there are multiple sub-contractors that have not been paid that CMCwas already paid for but refuses to release payment toComplaint Product/Service: Second Story Addition Purchase Date: 12/2/Problem Occurred: 2/19/Model: Account Number: Order Number: Talked to Company: 2/19/Talked to Company (2nd): 3/3/Talked to Company (3rd): 4/6/Name of Salesperson: Purchase Price: $Disputed Amount: $Desired Settlement: Other (requires explanation) At this point we have lost faith in CMCs ability to correctly repair any of the workthat we have found issues withWe have been forced to hire a replacementcontractorChuck Miller Construction should immediately pay all sub-contractorswhose work he has been paid for CMC should also refund the charges associated with management and oversightof the project, as well as a portion of the project cost equivalent to the areas onthe floor plan that were never built In response to the [redacted] ’s request that Chuck Miller Construction Inc.refund the charges associated with management and oversight of the project,Chuck Miller Construction Inc.’s maof the costs associated with the [redacted] ’s project totaled $29,These mark-ups were detailed in the BudgetEstimate as follows: General and Administrative Expenses Salaries & Benefits 7,5.00% of Cost Office Expense 3,2.75% of Cost Vehicle, Travel, Meeting Expense 3,2.50% of Cost Taxes 2,1.75% of Cost Insurance 2,1.50% of Cost Safety Expense 1,1.00% of Cost Professional Fees 2,1.50% of Cost Profit 7,5.00% of CostThe General and Administrative Expenses were further described in Paragraphof the Agreement and included• Salaries or other compensation of Remodeler's employees at the principaloffice, including payroll taxes, insurance, and employee benefit?ts• General operating expenses or overhead of Remodeler's principal office,including but not limited to rent, utilities, telephone, office supplies, postage,computer expenses, repairs and maintenance; vehicle, travel and meetingexpenses; taxes; insurance; safety expense; and professional fees, except asmay be expressly included in Article 9.• Any part of Remodeler's capital expenses, including interest on that capitalemployed for the Project.• Costs in excess of the Budget Estimate, except as provided in Paragraph 7.4and provided such costs are not the result of Changes in the Project as definedin Article The [redacted] ’s were not charged for full-time supervisionSuperintendentsalaries and related costs are classified as Indirect Construction Costs, i.e.necessary costs of building that cannot be directly, easily, or economicallyattributed to a specific jobIndirect Construction Costs are recorded within theSeries of accountsIRS and GAAP generally require that a proportionalshare of indirect construction costs be allocated to each jobWhen included inthe budget, the cost of a construction superintendent, the Budget Estimateincludes an Indirect Construction Cost categoryHad their Budget includedSuperintendent Salaries and related costs, the Budget Estimate would haveincluded an Indirect Construction Cost Category and line items for Accounts 144-Superintendent Salaries, 144- Mileage Reimbursement, and 144-Superintendent Cell PhoneSee the attached blank Budget Estimate.(Exhibit I) The Median Hourly Wage for a residential construction superintendent in Boise is$Payroll Taxes and Insurance add $7.93, bringing the cost to $Theoriginal schedule for the [redacted] ’s project anticipated weeks or hours.Had the budget for their project included a full-time superintendent, it would haveadded $45,to their budget (weeks x hours per week = hours @$/ hour = $36,x = $45,372) and the Budget for the project wouldhave been $219,($173,+ $45,= $219,330) Typically when we have multiple projects in progress, we budget for onesuperintendent for every to projects depending on the distance betweenprojects and the amount of time required to travel between projectsHad the budget for their project included a part-time superintendent, it would have added$9,to their budget(weeks x hours per week = hours @ $/hour = $7,x= $9,074) and the Budget for the project would have been$183,($173,+ $9,= $183,032) I was personally responsible for overseeing the constructionAs notedpreviously, my office is located miles from the [redacted] ’s or approximately 4minutes awayWhile I did not check in with the [redacted] ’s every time I visitedthe site, I personally visited and inspected the project at least once every day atthe end of the day to inspect the work that had been done and insure that theproject was secured for the eveningI was on site in minutes or less whenthere was a question or situation that needed my immediate attentionThe tradecontractors and suppliers were instructed to call me if they had any questions orencountered any problems Lost productivity, redo’s, sending incorrect delivered materials back forreplacement, pilfered building supplies, etcresultant from the lack of adequatesupervision (full-time or part-time) indicate that the lack of supervision was aeconomy Our contention is that even the cost of part time supervision would havemitigated the exhaustion of our ample contingency fund.CMC should also refund a portion of the project cost equivalent to the areason the floor plan that were never built I response the [redacted] ’s request that Chuck Miller Construction Increfund aportion of the project cost equivalent to the areas on the floor plan that werenever built, it is assumed that they are referring to the attic storage areas whichwere previously addressedAs noted previously, the attic storage area wasadded to the plans at the [redacted] ’s request on 11/05/The attic storageas drawn consisted of an OSB floor open to the rest of the atticA comparison ofthe Budget Estimate vsthe Preliminary Cost Estimate (Exhibit J) shows that theonly change in the cost of Framing was the addition of $to Account 143-2102– Framing Material which reflected updated unit prices on several items and wasunrelated to the addition of the attic storageIt was assumed that the atticstorage could be constructed using surplus material and cut-offs from the rest ofthe constructionConsequently, there is nothing to be refunded.The monetary cost of the framing supplies does not equate the value in utility norresale cost of the house that would have been realized by completing the atticstorage spaceThe above is a red herring.Chuck Miller Construction should immediately pay all sub-contractors whosework he has been paid for Finally, in response to the [redacted] ’s assertion that Chuck Miller ConstructionIncshould immediately pay all sub-contractors whose work he has been paidfor, all monies received to date from the [redacted] ’s have been paid outThecost of several items, including stucco and drywall exceeded the budgetedamountAs noted previously, costs in excess of the Budget Estimate are to bepaid out of the General and Administrative ExpenseAny amounts due tradecontractors over and above the Budget Estimate will be paid when the [redacted] ’s make their final payment to Chuck Miller Construction Inc The rather generous contingency fund was allocated to cover such issues: thatmismanagement caused it to be squandered on framing due to an improperlynegotiated contract is not our responsibilityCosts above and beyond what thecontingency fund should reasonably have covered (and several charges againstthis fund were neither “reasonable” nor “unforeseeable”) are solely CMC’s tobear The “rather generous contingency fund” was actually at the low end of the 10% to 20%recommended for remodeling projects.Several costs associated with drywalling and stucco resulted from incompetentworkers being brought on site and subsequent contractors having to redo thesame workThe selection of vetted crews was one of the services for which wewere supposedly paying CMC for its expertise Chuck Miller Construction Incis unaware of additional costs to the [redacted] ’s resulting“from incompetent workers being brought on site and subsequent contractors having toredo the same work.” With the exception of Timeless Tile, all of the subcontractorsemployed by Chuck Miller Construction Incwere contractors who have worked for uspreviouslyHowever, most trade contractors like the drywall contractors have multiplecrews and the crew which is assigned to your project depends on who is available whenthe project is ready We have reached out to CMC several times asking for transparency in what thecosts were and which contractors still need to be paid but CMC has not beenforthcoming is passing through the invoicing they’ve received The [redacted] ’s, through their attorney, requested copies of receipts, payments, invoicesfor subcontractors, suppliers, materialmen etcfor the entire span of the projectThe [redacted] ’s have been provided with copies of all of our previous monthly paymentrequests and change ordersOur Design-Build Agreement with the [redacted] ’s is a fixedprice contractThe amounts due and payable for each item were set forth in the BudgetEstimate dated 11/30/and in each of the change ordersThere is nothing in ourAgreement which gives the [redacted] ’s the right to nor obligates Chuck MillerConstruction Incto provide the [redacted] ’s copies of receipts, payments, invoices forsubcontractors, suppliers, materialmen etc The [redacted] ’s have been provided with a written disclosure statement pursuant toIdaho Code § 45-525(3) listing the names and contacting information of subcontractors,materialmen, and/or rental equipment suppliers which had a direct contractualrelationship with Chuck Miller Construction Incand supplied labor, materials, or rentalequipment of a value in excess of $in connection with the work performed on theirprojectThe [redacted] ’s have also been provided with a copy of a form with which theyrequest information concerning the balance owed by Chuck Miller Construction Inconsuppliers in connection with the construction of improvements on the their property
Revdex.com: I appreciate the offer, however our attorney had previously sent a formal request to Chuck Miller Construction and as of 9-22-CMC agreed to participateWe will continue to attempt resolving this conflict with our attorneys help I would like to reject the offer of Arbitration for complaint ID [redacted] Sincerely, [redacted] & [redacted]
CUSTOMER EXPERIENCE INFORMATIONCustomer Information: [redacted] [redacted] *** [redacted] *** Daytime Phone: [redacted] Evening Phone: [redacted] E-mail: [redacted] The details of this matter are as follows: Complaint Involves: Product IssuesCustomer’s Statement of the Problem: CMC was contracted to build a second story addition on our homeThe builderfailed to complete the job in a timely fashion going three months past theprojected/scheduled date of completion In response to the [redacted] ’s allegation that we failed to complete the job in atimely fashion, we do not dispute the fact that the job took three (3) monthslonger than originally projected.The job was never completedWe have had to hire an alternate contractor tofinish and repair work done on this job.The job was 98.02% complete when the [redacted] ’s ordered us off the job andterminated our contractChuck Miller Construction was willing to complete the final2% along with any legitimate punch list itemsThe [redacted] ’s CHOSE to hireanother contractor It should be noted that the alternate contractor whom they hired is not registered withthe Idaho Board of Contractors in violation of §54-(1) of the Idaho CodeIn fact,his registration was revoked by the Idaho Contractors Board on 11/13/Mrs[redacted] was made aware of this fact during construction when she inquired abouthiring this individual to replace Mark S [redacted] The [redacted] ’s contacted Chuck Miller Construction Incin May to discussadding a 2nd floor to their existing homeThey had had a conceptual planprepared by a draftsmanChuck Miller Construction Incforwarded the [redacted] ’s a Design-Build Remodel Agreement on 08/04/for their review After not having heard from them, Chuck Miller Construction Inc followed up withthe [redacted] ’s on 02/10/to see if they were still interested in proceedingChuck Miller Construction Incprovided the [redacted] ’s with conceptual plans on02/16/They were provided with another copy of Design-Build RemodelAgreement on 02/17/Preliminary plans were provided on August 7, 2016.The Preliminary Estimate was provided on 08/24/The Electrical Plan wasforwarded to them for their review on 10/16/The [redacted] ’s werepresented with “final” plans on November 7, They signed the Specificationson 11/17/They signed the “final” plans on 12/03/ The final plans specified and budgeted framing being done by Remodels Pluswhen in fact at that time it was known that the proprietor, Mark S [redacted] , wasdisabled due to a broken hip and unable to climb ladders, scaffolding etc.Knowing that Mark was unable to complete the demolition and framing, CMCfailed to update the estimate to reflect that another framing company ( [redacted] ) would be completing the demolition and framing under differentcontractual terms and ratesNor that they would be operating unsupervisedduring Chucks trips to Las Vegas and Chicago during the framing stages.My trip to Chicago was Wednesday September 30, through Sunday October 4,before construction startedMy trip to Las Vegas was Saturday January 16, 2016through Friday January 22, During those five (5) work days, the only workscheduled was the framing and the only subcontractor on the project was [redacted] ConstructionDuring that time, I was available by phone and spoke with [redacted] onWednesday morning January 20th, Thursday afternoon January 21st, and Friday morningJanuary 22ndI have attached copies of my Sprint bills for those dates As consumers we had no way of knowing that Chuck Miller had used estimatesfrom a sub that was not available on the budgetThis change in labor resulted in [redacted] invoicing $4,over the total budgeted allowance for framing whenhe had only completed the upstairs and not the stairwell and downstairs showerthat remainedChuck Miller then claimed this was also an “unexpected priceincrease due to unforeseen changes in the availability of trade contractors” andthen used the bulk of our contingency to pay for the overages in framing from [redacted] as well as another $in framing charges when the stairwelland shower were framedSo in summary, after all the time that CMC spent onpreparing this budget and not to exceed bid, the framing for this project that wascalled out to cost $18,ended up actually costing $28,This is not anunforeseen or unexpected price increase this is something closer to fraudIFChuck Miller had done his due diligence, he would have received a written bidfrom [redacted] construction and updated the budget to reflect this prior tosigning final papers.The Budget Estimate was based on a bid from Mark S [redacted] dba Remodels PlusMarkwas diagnosed with a staph infection in his hip in early October Chuck MillerConstruction Incfirst contacted [redacted] Construction on October 12, Markunderwent emergency hip replacement surgery on October 18, Chuck MillerConstruction Inc., provided [redacted] with a set of plans, and requested a written bidand copies of his insurance certificatesThe contract with the [redacted] ’s was signed on 12/3/I was in regular contact with [redacted] requesting his bid for the projectIfinally emailed [redacted] Chuck Miller Construction Inc.’s estimates for the project toon 12/21/Copies of the email and estimates are attachedMr [redacted] agreed toperform the work for the amounts shown on the estimates [redacted] Constructionleft the job on 02/16/to start another projectOn 02/22/Mr [redacted] submitted his “final” invoice to Chuck Miller Construction IncMr [redacted] , after verballyagreeing to the budget, decided that he needed to be paid on a time and material basisresulting in as additional $4,in cost for the work performed and excluding thework still to be completed.I have attached copies of my Sprint bills for the periods September 18, throughJanuary 17, showing the numerous phone conversations with [redacted] .It is also noted that Chuck Miller Construction Incinvoiced [redacted] Construction Inc.$3,for labor and materials to correct and complete the work he was paid toperform.The [redacted] ’s were monthsThe Agreement with the [redacted] ’s (Exhibit A) stated in Paragraph 6.1:Remodeler will proceed with the Work and obtain inspection(s) andapproval(s) from the applicable building authority in a commercially expeditiousmanner, unless delayed by the unforeseen unavailability of necessary labor ormaterials, restricted access to the worksite, delays in communications withOwner, inclement weather, changes in the work, or causes beyond Remodeler'scontrol.Paragraph further states While Remodeler will, at all times, conscientiously proceed with the work,the Schedule is an estimate of the time to complete the Project and is only for thebenefit of Owner's general planningThe actual completion time is subject to thefactors identified in Paragraph of this AgreementRemodeler shall not beresponsible for any financing costs incurred by Owner due to delays in thecompletion of construction.Paragraph states If Remodeler is delayed at any time in the progress of the Project by any actor neglect of Owner or by any separate contractor employed by Owner, or bychanges ordered in the Project, or by labor disputes, fire, unusual delay intransportation, adverse weather conditions not reasonably anticipated,unavoidable casualties, or any causes beyond Remodeler's control, or a delay authorized by Owner pending arbitration, then the Date for SubstantialCompletion shall be extended by Change Order for the period of such delayCauses beyond our control which contributed to the delay include but are notnecessarily limited to the following: Hidden Springs Town Design Review Board Approval Calendar DaysCompletion of Structural Engineering Calculations Calendar Days Drywall Hang Calendar DaysIn addition to the above, the project has been delayed due to the unavailability oftrade contractorsI have attached a copy of a report recently published by theNational Association of Home Builders Housing Market Index: Special Questionson Labor and Subcontractors’ Availability (Exhibit B)I believe that some of the dates are incorrect here, however it has little bearingon the actual complaintIt is still our position that the majority of delays on thisjob were due to lack of management and failure to adequately supervise workdone by subcontractors under CMCMark S [redacted] was represented as havingworked with Chuck Miller Construction regularly over two decades and wasimplicitly trusted to be the onsite foreman in Chucks absence.Mark turned out to be one of the more unreliable tradesmen in terms of honoringthe scheduleRoutinely failing to show up as scheduled and regularlyunderestimating the amount of time he would need to complete workWhen thestairwell was finally framed in late after the electrician had re-routed severalcircuits, Mark failed to frame the wiring into the stairwell wallsThe net resultbeing the electrician had to come out an additional time to move the wiring yetagain into the now existing stairwell framingDue to these issues and more weasked Chuck about replacing Mark S [redacted] and were told that Chuck had no oneelse that could do the work, that firing Mark would be in essence firing Chuck.Mark was on the job more than any other trade contractorConsequently, his presenceor absence was most noticeableMark, like all of the other tradesmen who worked onthe job, is an independent contractorIndependent contractors and employees are notthe same, and it's important to understand the differenceAn Independent Contractor:• Operates under a business name• Has his/her own employees• Maintains a separate business checking account• Advertises his/her business' services• Invoices for work completed• Has more than one client• Has own tools and sets own hours• Keeps business records As stated previously, Chuck Miller Construction Inc.’s extent of the right to direct andcontrol independent contractors is limited.Specifically regarding the electrical wiring Mrs [redacted] is referring to, Mark S [redacted] isnot an Electrician and the wiring required more than just “framing the wiring into thestairwell walls.”I stand by my statement that I had no one else I could call who would do the work thatMark was doingMrs [redacted] suggested that I contact [redacted] , but I explainedthat it is a violation of State law §54-(2) (a) to engage any other contractor who isrequired by this chapter to be registered as a contractor unless such other contractorfurnishes satisfactory proof to the contractor that he is duly registered under theprovisions of this chapter as required by §54-(2);The builder failed to be on site to adequately oversee work done bysubcontractors resulting in not only delays but incorrect or incomplete workIn response to the [redacted] ’s allegation that I “failed to be on site to adequatelyoversee work done by subcontractors resulting in incorrect or incomplete work,”Chuck Miller Construction Inc.’s office is located miles from the [redacted] ’sor approximately minutes away(Exhibit C) While I might not have checked inwith the [redacted] ’s every time I visited the site, I personally visited andinspected the project at least once every day at the end of the day to inspect thework and insure that the project was secured for the eveningI was on site in 5minutes or less when there was a question or situation that needed myimmediate attentionThe trade contractors and suppliers were instructed to call me if they had any questions or encountered any problems.The fact that Chuck lives and has an office 4min away is exactly why we were sofrustrated with the problems that resulted from him not being availableIf he wason site every work day and available by phone for subcontractors then why didwe fail framing inspectionsOn the third failure, I believe it was 4/5/16, theinspector showed up to the jobsite, Chuck was not on site, the inspector informedme that he had called Chuck with no answer and left him two voicemailsHe alsoexplained to me that we still were not going to pass framing inspectionI myselftried calling Chuck and got no answerAt this point I decided to drive over to hisoffice and was surprised to find he was sitting in his office at his desk and had noexplanation to why he was not answering his phoneThis is one of manyinstances that Chuck was not available.The inspection Mrs [redacted] is referring to did occur on 04/05/The request forthat inspection was submitted on 04/04/A copy of the inspection request isattachedYou will note that the request contains my cell phone number 571-as thenumber to call if the inspector has any questionsThe inspector, Bryan G [redacted] phonenumber is 573-Contrary to Mrs [redacted] ’s statement regarding the inspector’s attempts to contact me, I did not receive any phone calls or voice messages from Mr.G [redacted] I have attached a copy of my cell phone bill showing incoming and outgoingcalls on 04/05/You will note that there were no incoming calls from 573-onthat day but that I did attempt to call Bryan at 5:PM.Prior to starting this project, we asked CMC is it reasonable for us to live in ourhome during this construction since my husband works from home and heassured us it would not be a problemDue to his lack of management weendured constant interruptions from subcontractors with questions because theycouldn’t get ahold of Chuck and many times there were not adequate plans onthe jobsiteWe even provided our own copies of the plans to workers in anattempt to keep work goingI did not expect Chuck to meet with us or “check in”with us daily, however parking your car in front of our home for 10min everymorning and evening is not managing the jobWe also had an instance when outof town, that our neighbors came by to find the front door ajar and no one on site.Chuck was being paid to make sure that the work was being completed correctly,he himself should have been personally reviewing the work being done to ensurethat it was done per the plans and design agreementInstead it was often myselfor my husband coming across incorrect or unacceptable work, such as:Specifically regarding the “constant interruptions from subcontractors with questionsbecause they couldn’t get ahold of Chuck and many times there were not adequate planson the jobsite,” the approved permit plans were on the job and Chuck Miller Constructionprovided additional sets to the trade contractors as neededAs stated, I was availableby phone when not on the job and all of the trade contractors had my phone numbers.While some of their employees might not have had my phone numbers, the [redacted] ’sdid and could have simply directed the tradesmen to call me.Rather than refer tradesmen to me or contact me directly when there was a question,Mr [redacted] CHOSE to communicate directly with the trade contractors in violation ofParagraph and of our Agreement:Owner shall forward all instructions to RemodelerOwner shall not communicatedirectly with any workman, employees, agents or trade contractors of Remodeler,unless so directed by RemodelerNo contractual relationship shall exist between Owner and any trade contractoror supplierRemodeler shall be responsible for the management of the tradecontractors in the performance of their WorkOwner shall communicate with thetrade contractors only through Remodeler.In fact, my subcontractors actually complained to me about Mr [redacted] ’s frequentphone calls and at least one eventually blocked his phone number-during demolition too much of the roofing on the northside of our home wasremoved and had to be repaired,And it was repaired at no cost to the [redacted] ’s.-storage space was never framed in and according to the framer CMC nevereven discussed this with them,The storage space was shown on the plans provided to [redacted] Construction and onthe approved permit plans which were on the jobsiteIt was also discussed with Mr[redacted] during the framing.-HVAC units being installed in skylight framing,The skylights had not been installed at the time the HVAC units were installed due tochanges in the skylights by the [redacted] ’s which delayed their ordering and deliveryIarrived on the jobsite as the HVAC contractor was installing the units and the conflictswere resolved.-incorrect lighting & fans installed,-flooring was installed in areas it shouldn’t have been and had to be removed,I believe the flooring Mrs [redacted] is referring to was the cork flooring of whichapproximately sqftwas installed in the tub/shower area of the Upstairs BathMrs[redacted] worked directly with the flooring contractor on material selectionsI was notaware that the flooring in this area had been changed to tileThe error was correctedthe same day it was discovered and the [redacted] ’s were not charged for the materialor the labor.-wiring wasn’t framed in properly and had to be redone resulting in delays andincurring more costs,Wiring is done by the electrician AFTER framingI assume the wiring she is referring to isthe wiring in the stairway which was discussed previouslyChuck Miller Construction Inc.is unaware of any additional costs incurred by the [redacted] ’s for this work.-tarping during demolition was inadequate and resulted in significant waterinfiltration-a $laundry room sink which had been called out to be reused in the project“disappeared” and no one bothered to tell us what had happened, uponquestioning CMC claims the sink was damaged during demo and hauled away,why no one bothered to tell us or show us? No replacement was offered The existing Elkay Asana Asana® Undermount Single Bowl Sink Model ELUH16LVLavatory with Overflows Utility Room sink was not installed by the original installeraccording to the manufacturer’s recommendations using mounting brackets and siliconecaulkRefer to the attached manufacturer’s installation instructionsInstead, it wasepoxied to the bottom of the existing countertop and we were unable to remove itwithout damaging itThe plans and specifications called for the sink to be repurposedfor the sink in the new upstairs Utility RoomThat same model sink was specified forthe new upstairs bath vanityAs noted in the attached Plumbing Fixture list, the cost ofthat sink was $Chuck Miller Construction Incprovided an Elkay CrosstownUndermount Stainless Steel inSingle Bowl Sink for the new upstairs Utility Room atno cost to the [redacted] ’s.-existing bathroom sink was damaged and again no explanation given, no repairor replacement offeredChuck Miller Construction Incbecame aware of the damage to the sink after it occurred.We questioned all of the trade contractors working in the bath room and all deniedresponsibilityChuck Miller Construction Incwas ordered off of the job and our contractwas terminated before we could order and install a replacement sink.-allowing mosaic tile work to be installed and then leaving it without cleaning itproperly so that the grout settled into the surface which is impossible to removefrom crevices after 24hrs-numerous items that went missing from the jobsite including extension cords,lighting that was to be reused, and accessory kit from installed fan, supposedexcess materials were removed and disposed of only to later find out more of thesame materials were needed and ordered at additional cost.Chuck Miller Construction Incwould appreciate it if the [redacted] ’s would provide a listof the “numerous” items that when missingChuck Miller Construction Incis unawareof any additional costs incurred by the [redacted] ’s.-despite our repeated complaints, subs would continue to wash out their bucketsinto our landscaping and rain diverters which has resulted in necessary repairs,Please provide additional information on the “necessary repairs”-despite having and paying for a port-a-potty on site our master bathroom (whichwas not part of the project) was used by workers and family member, trackingconstruction debris through our homeThis occurred once when Mark S [redacted] wife was on site-Our landscaping and driveway were littered with construction debris includingstucco, nails, roof tacks and more that were not cleaned upI personally oversaw the final cleaning on the driveway and surrounding area on FridayJuly 8th.-Landscaping was damaged by subs including but not limited to plants beingtrampled, limbs being broken off a tree by a trailer, and bushes killed byscaffolding that was left in place for months due to work delays,Chuck Miller Construction Incis unaware of any bushes killed by scaffoldingThe [redacted] ’s were told that any damage to their landscaping would be repaired orreplaced upon completion of the workChuck Miller Construction Incwas ordered offthe job and our contract terminated before we had an opportunity to do so.-despite numerous complaints, our gates were left open repeatedly allowing ourdogs to get loose and run the risk of being lost or hit by carsChuck Miller Construction Increpeatedly directed our trade contractors to be sure toclose the gatesIf he was concerned and aware of the problem, perhaps Mr [redacted] could have checked the gates before letting the dogs out.I could go on and on with examples of things that the general contractor shouldhave been taking care ofIf Chuck was on site as much as he claims then thesethings would not have occurred.The builder included a storage area in the second floor addition but failed to haveit framed in and it was never completedWhile under contract, multiple issueswere brought to CMC including damage from construction to our existing homeas well as several areas in the new construction that were not acceptable.The attic storage area was added to the plans at the [redacted] ’s request on11/05/As shown on the plans and specifically, Sht A-Section B, thisattic storage area was to be an extension of the new floor framing into the attic.The storage area consisted of an OSB floor open to the atticThe plans wereforwarded to the structural engineer on Tuesday December 10, Asexplained to the [redacted] ’s, the structural engineer determined that the existingtrusses would not support the cantilevered floor structureThe webs in theexisting trusses would need to remain making the area virtually unusable so wewere unable to provide the storage as drawnI have attached a copy of Sht A-(Exhibit D) and the structural engineer’s drawings and calculations for thetrusses in question(Exhibits E) During the planning and design phases, CMC had proposed adding built instorage along the south wall of the additionWhen the time came to review thefinal documents nothing was included about the storage area, so yes, we at thattime asked that he put them on the plan or in the design documents so that itwasn’t just a verbal agreement that this was to be included in the plan, (I will notethat he also had verbally assured us that the built in storage under the stairs wasincluded in the framing costs and later went back on that also)It wasn’t untilafter final design documents were signed that he asked his structural engineerabout doing thisChuck should not have said the storage area could be includedif he had not done his due diligenceI believe that once again he overpromisedwhat he could deliver because he knew that I was questioning the cost of theproject vs the value and storage was important to usBeyond that, it wasn’t untilFebruary, when the framers were close to completing framing the addition thatwe started questioning why the storage space was not framed in and, [redacted] , informed us that CMC had not talked to him about any storage spaceAtthat point Chuck said he still needed to get an answer from his engineer anddidn’t give us any final answer about the storage space until 5/28/(well beyondthe original completion date) after asking him repeatedly.CMC failed to remedy these issues and was not advocating for us as thehomeownerInstead it is our belief that CMC was willfully attempting to pass offsubpar work in an attempt to collect payment regardless of the potentialproblems that would stem from the bad work.In response to the [redacted] ’s allegation that Chuck Miller Construction Incwas“willfully attempting to pass off subpar work...,” all of the work was done inaccordance with the applicable building codes and standards as referenced inthe Codes and Standards section of the Outline Specifications of our Agreement.The work was inspected and approved by the Ada County Development ServicesBuilding Division inspectors (Exhibit F), as well as by our structural engineer.(Exhibit G) The plumbing and electrical work were inspected and approved byinspectors from the Idaho Division of Building SafetyAll of the work wascompleted in accordance with the Residential Construction PerformanceGuidelines for Professional Builders and Remodelers Fourth Edition published bythe National Association of Home Builders.We believe that Chuck Miller failed to have a permit pulled for the HVAC workcompleted by Western HeatingWe also have been informed that neither AdaCounty or Idaho Division of Building Safety ever inspected the venting for thetankless water heater that was installedThe venting does not meet code and thewater heater is faulting due to the improper ventilationIn response to their allegation that neither Chuck Miller Construction Incnor WesternHeating and Air Conditioning Incapplied for a mechanical permit to install the HVACsystem, Ada County Development Services Building Division and not the Idaho Divisionof Building Safety has jurisdiction over mechanical permits and inspections inunincorporated Ada CountyTypically, the mechanical permit is issued to the builderwith the building permitI have attached copies of the following documents:• Building Permit Application• Building Permit (pages)Our permit application included a copy of the Outline Specifications for the projectwhich clearly spelled out the HVAC Equipment being furnished and installed.You will note that the Building Permit includes a Mechanical Fee in addition to thePermit FeeYou will also note that the Permit Card included the following InspectionTypes• Gas Fuel Piping 1• Rough Mechanical• Final MechanicalI response to your allegation that neither Chuck Miller Construction Incnor WesternHeating and Air Conditioning Incever asked Ada County Development Services toinspect the installation is totally without meritI have attached copies of ourInspection Request Forms• Ada County Building Inspection Request 03/25/– Gas Piping, EnergyCompliance• Ada County Building Inspection Request 03/16/– Mechanical Rough,Framing• Ada County Building Inspection Request 04/05/– Gas Piping, MechanicalRough, Framing, Energy Compliance• Ada County Building Inspection Request 07/12/– Mechanical Final, FinalYou will note that mechanical inspections were requested on all of the attachedinspection requests.Specifically regarding the venting of the Rinnai tankless water heater, the venting wasinspected and approved and complies with the manufacturer’s specifications andinstallation instructionsCopies of the manufacturer’s installation instructions areattachedIn response to the [redacted] ’s allegation that Chuck Miller Construction Inc.was “willfully attempting to pass off subpar work in an attempt to collect paymentregardless of the potential problems that would stem from the bad work,” ourAgreement included a detailed Budget Estimate providing a line item by line itemcost breakdownOur monthly Payment Requests were formatted similar to theBudget EstimatePayments were addressed in Paragraph of ourAgreement, and specifically, in the following sub-paragraphs: On or before the fifth day of each month, Remodeler will submit to Owneror Owner’s agent a Payment Request for the work performed and the materialsdelivered to the site or stored “offsite” at a location approved by Owner since thedate of the preceding request for paymentOwner or Owner’s agent shall, within three (3) business days after receiptof Remodeler's Payment Request, either authorize the Payment Request, ornotify Remodeler in writing the amount that has been approved for payment andstating the reasons for withholding payment in whole or partIf Owner fails to timely make any progress payment pursuant to the timelimitations of this Agreement, Remodeler may stop work until the dispute isresolvedSimilarly, if Owner is unsatisfied with Remodeler's work, Owner maystop further payments until the dispute is resolvedThe purpose of this section isto permit Owner to stop payments if Owner is unsatisfied with the progress ofconstruction, and similarly permit Remodeler to stop work if Remodeler isunsatisfied with Owner's payments, partial payments or withholding of payments.Should Owner elect to stop payment because he is unsatisfied with Remodeler'swork or should Remodeler elect to stop work, they shall immediately notify theother party in writing explaining the nature of their disputeDuring thework/payment stoppage period, Remodeler and Owner shall diligently seek toresolve the dispute so that work and payment can expeditiously resume.Unresolved disputes will be handled pursuant to Article 19, unless the partiesmutually agree otherwiseRegardless of which party is ultimately determined tohave rightly or wrongly stopped work or stopped payment, each party waives anyclaim for damages or additional construction or financing costs, if any, directly orindirectly associated with the stoppage of the project during this disputeresolution periodIf the [redacted] ’s were dissatisfied with the quality of the work, they had theopportunity each month to withhold payment on any portion of the work whichthey felt was “subpar.” I have attached copies of our monthly Payment Requests.As previously stated, we were continuously assured by CMC any time that wepointed out something not being done correctly or questioning the quality ofsomething that it wasn’t finished yet and that once it was done it would be good.If we withheld payment on things that we were questioning it also gave CMC theright to stop work, which is the last thing we needed given the delays that hadalready accumulatedIn short, we were told it wasn’t worth holding up the projectas all these issues would be “circled back to” before the final walk thru as part ofthe punch list.I never told the [redacted] ’s that “it wasn’t worth holding up the project.” The [redacted] ’s order us off of the job and terminated our contract before we were giventhe opportunity to conduct our Pre-Occupancy Inspection and generate a punch list asprovided in Paragraph of our AgreementEven when CMC was provided a two week drop dead deadline items that hadrepeatedly been called out to “circle back to” were still left unaddressed.Work was still ongoing during the two weeks prior to the arbitrary deadline of July 8,imposed by the [redacted] ’s to have all work completed, obtain all necessaryapprovals and occupancy permits, and all punch list items on the residence completedand our company, crews, and subcontractors completely off the projectThe schedulesfor the project always showed the Pre-Occupancy Inspection and Checklist following theFinal Inspection and Certificate of OccupancyFinally, in response to the [redacted] ’s allegation that Chuck Miller ConstructionIncwas “willfully attempting to pass off subpar work in an attempt to collectpayment regardless of the potential problems that would stem from the badwork,” Chuck Miller Construction Incwas contractually obligated underParagraph of our Agreement to correct all Work performed under theAgreement which proves to be defective in material or workmanship for a periodof one yearIt would not be in our best interest to attempt to pass of subpar workbecause of the potential problems that might arise and which we would beobligated to correct in the futureIn response to [redacted] ’s allegation regarding the damage to the existing roofshingles, Chuck Miller Construction Incnever denied repair was neededThissection of roof was used to access the second floor from the exterior of thebuilding until July 7, when the exterior railing was installedIn fact, Icontacted [redacted] of Quality Roofing, our roofing contractor, after the railingswere installed and asked him to inspect that section of roofingWe were notpermitted to make these repairs because we were directed by the [redacted] ’s tonot return to the project after Friday July 8, 2016.This is untrue, we asked Chuck multiple times about the roofing being inspected.Initially he said, yes, he would have it inspected and any necessary repairsmadeAfter the balcony was constructed we asked again when the roofing wouldbe repaired and were then told by Chuck that he had the roofing looked at andwas told it was fine and in good condition and no repairs were necessary.Installing the railings had no bearing on repairing the roofing along the balcony.We had to have an end date at some pointHad we allowed CMC all the time heneeded to get his subcontractors to show up to do work, and then come back tothe work that inevitably would have been wrong, the project would neverhave ended.As stated in response to their original complaint, I never told the [redacted] ’s that Ihad had the roofing looked at and was told it was fine and in good condition or that norepairs were necessaryThe deck construction was completed on July 6, 2016.Installing the railings DID have a bearing on repairing the roofing along the balconyUntil the railings were installed, there was still the possibility of work and foot trafficon that portion of the roofAs noted previously, I called [redacted] of Quality Roofingon 07/07/at 9:AM to ask him to inspect the roofingThe [redacted] ’s allegation that there was no flashing installed under the newbalcony that was added by Chuck Miller Construction Incleaving raw lumber upagainst the roofline which if not fixed would have led to water damage and rotthis is simply not trueThe exterior deck was constructed according to bestpracticesThe deck was sloped to drain to the front of the building and coveredwith torch down roofingThe intersection of the deck and interior walls of thebalcony were flashed with metalThe torch down roofing was then applied overthe metal flashingOne the front edge of the deck which is open to the roof, themetal flashing was extended onto the existing roofing and torch down wasapplied over the flashingRedwood sleepers were attached to the torch downroofing to provide support for fastening the composite deckingRedwood wasused because it is resistant to rot [sic]See pictures in attatchment.Quoting [redacted] , the replacement builder:“The portion of the deck that extends in front of the upper wall wasnot flashedWater coming down from the entry roof along theupper wall was directed under the front deck boardsA kick-outflashing has been added at this point to divert water away and ontothe lower roof.“Quality roofing stopped by last week and agreed that this was theright procedureIn their defense, Quality said that when they didthe roofing, the deck was not finished and there was nothing toflash to, only a rafter tail was exposed at the time and that theyweren’t called back to finished it.” The deck construction was completed on July 6, I called [redacted] of [redacted] Roofing on 07/07/at 9:AM to ask him to inspect the roofingI have attached acopy of the phone bill documenting this call As noted previously, [redacted] is not a registered contractorHis registration wasrevoked by the Idaho Contractors Board on 11/13/2008.This is just one of many examples as we are still working on suspected HVACproblems and numerous others! Due to the ongoing problems and inability of the builder to stick to a scheduleand complete the work in a timely fashion, we were forced to terminate thecontract and hire another general contractor to finish the remodel, costing usadditional money and time Currently, there are multiple sub-contractors that have not been paid that CMCwas already paid for but refuses to release payment toComplaint Product/Service: Second Story Addition Purchase Date: 12/2/Problem Occurred: 2/19/Model: Account Number: Order Number: Talked to Company: 2/19/Talked to Company (2nd): 3/3/Talked to Company (3rd): 4/6/Name of Salesperson: Purchase Price: $Disputed Amount: $Desired Settlement: Other (requires explanation) At this point we have lost faith in CMCs ability to correctly repair any of the workthat we have found issues withWe have been forced to hire a replacementcontractorChuck Miller Construction should immediately pay all sub-contractorswhose work he has been paid for CMC should also refund the charges associated with management and oversightof the project, as well as a portion of the project cost equivalent to the areas onthe floor plan that were never built In response to the [redacted] ’s request that Chuck Miller Construction Inc.refund the charges associated with management and oversight of the project,Chuck Miller Construction Inc.’s maof the costs associated with the [redacted] ’s project totaled $29,These mark-ups were detailed in the BudgetEstimate as follows: General and Administrative Expenses Salaries & Benefits 7,5.00% of Cost Office Expense 3,2.75% of Cost Vehicle, Travel, Meeting Expense 3,2.50% of Cost Taxes 2,1.75% of Cost Insurance 2,1.50% of Cost Safety Expense 1,1.00% of Cost Professional Fees 2,1.50% of Cost Profit 7,5.00% of CostThe General and Administrative Expenses were further described in Paragraphof the Agreement and included• Salaries or other compensation of Remodeler's employees at the principaloffice, including payroll taxes, insurance, and employee benefit?ts• General operating expenses or overhead of Remodeler's principal office,including but not limited to rent, utilities, telephone, office supplies, postage,computer expenses, repairs and maintenance; vehicle, travel and meetingexpenses; taxes; insurance; safety expense; and professional fees, except asmay be expressly included in Article 9.• Any part of Remodeler's capital expenses, including interest on that capitalemployed for the Project.• Costs in excess of the Budget Estimate, except as provided in Paragraph 7.4and provided such costs are not the result of Changes in the Project as definedin Article The [redacted] ’s were not charged for full-time supervisionSuperintendentsalaries and related costs are classified as Indirect Construction Costs, i.e.necessary costs of building that cannot be directly, easily, or economicallyattributed to a specific jobIndirect Construction Costs are recorded within theSeries of accountsIRS and GAAP generally require that a proportionalshare of indirect construction costs be allocated to each jobWhen included inthe budget, the cost of a construction superintendent, the Budget Estimateincludes an Indirect Construction Cost categoryHad their Budget includedSuperintendent Salaries and related costs, the Budget Estimate would haveincluded an Indirect Construction Cost Category and line items for Accounts 144-Superintendent Salaries, 144- Mileage Reimbursement, and 144-Superintendent Cell PhoneSee the attached blank Budget Estimate.(Exhibit I) The Median Hourly Wage for a residential construction superintendent in Boise is$Payroll Taxes and Insurance add $7.93, bringing the cost to $Theoriginal schedule for the [redacted] ’s project anticipated weeks or hours.Had the budget for their project included a full-time superintendent, it would haveadded $45,to their budget (weeks x hours per week = hours @$/ hour = $36,x = $45,372) and the Budget for the project wouldhave been $219,($173,+ $45,= $219,330) Typically when we have multiple projects in progress, we budget for onesuperintendent for every to projects depending on the distance betweenprojects and the amount of time required to travel between projectsHad the budget for their project included a part-time superintendent, it would have added$9,to their budget(weeks x hours per week = hours @ $/hour = $7,x= $9,074) and the Budget for the project would have been$183,($173,+ $9,= $183,032) I was personally responsible for overseeing the constructionAs notedpreviously, my office is located miles from the [redacted] ’s or approximately 4minutes awayWhile I did not check in with the [redacted] ’s every time I visitedthe site, I personally visited and inspected the project at least once every day atthe end of the day to inspect the work that had been done and insure that theproject was secured for the eveningI was on site in minutes or less whenthere was a question or situation that needed my immediate attentionThe tradecontractors and suppliers were instructed to call me if they had any questions orencountered any problems Lost productivity, redo’s, sending incorrect delivered materials back forreplacement, pilfered building supplies, etcresultant from the lack of adequatesupervision (full-time or part-time) indicate that the lack of supervision was aeconomy Our contention is that even the cost of part time supervision would havemitigated the exhaustion of our ample contingency fund.CMC should also refund a portion of the project cost equivalent to the areason the floor plan that were never built I response the [redacted] ’s request that Chuck Miller Construction Increfund aportion of the project cost equivalent to the areas on the floor plan that werenever built, it is assumed that they are referring to the attic storage areas whichwere previously addressedAs noted previously, the attic storage area wasadded to the plans at the [redacted] ’s request on 11/05/The attic storageas drawn consisted of an OSB floor open to the rest of the atticA comparison ofthe Budget Estimate vsthe Preliminary Cost Estimate (Exhibit J) shows that theonly change in the cost of Framing was the addition of $to Account 143-2102– Framing Material which reflected updated unit prices on several items and wasunrelated to the addition of the attic storageIt was assumed that the atticstorage could be constructed using surplus material and cut-offs from the rest ofthe constructionConsequently, there is nothing to be refunded.The monetary cost of the framing supplies does not equate the value in utility norresale cost of the house that would have been realized by completing the atticstorage spaceThe above is a red herring.Chuck Miller Construction should immediately pay all sub-contractors whosework he has been paid for Finally, in response to the [redacted] ’s assertion that Chuck Miller ConstructionIncshould immediately pay all sub-contractors whose work he has been paidfor, all monies received to date from the [redacted] ’s have been paid outThecost of several items, including stucco and drywall exceeded the budgetedamountAs noted previously, costs in excess of the Budget Estimate are to bepaid out of the General and Administrative ExpenseAny amounts due tradecontractors over and above the Budget Estimate will be paid when the [redacted] ’s make their final payment to Chuck Miller Construction Inc The rather generous contingency fund was allocated to cover such issues: thatmismanagement caused it to be squandered on framing due to an improperlynegotiated contract is not our responsibilityCosts above and beyond what thecontingency fund should reasonably have covered (and several charges againstthis fund were neither “reasonable” nor “unforeseeable”) are solely CMC’s tobear The “rather generous contingency fund” was actually at the low end of the 10% to 20%recommended for remodeling projects.Several costs associated with drywalling and stucco resulted from incompetentworkers being brought on site and subsequent contractors having to redo thesame workThe selection of vetted crews was one of the services for which wewere supposedly paying CMC for its expertise Chuck Miller Construction Incis unaware of additional costs to the [redacted] ’s resulting“from incompetent workers being brought on site and subsequent contractors having toredo the same work.” With the exception of Timeless Tile, all of the subcontractorsemployed by Chuck Miller Construction Incwere contractors who have worked for uspreviouslyHowever, most trade contractors like the drywall contractors have multiplecrews and the crew which is assigned to your project depends on who is available whenthe project is ready We have reached out to CMC several times asking for transparency in what thecosts were and which contractors still need to be paid but CMC has not beenforthcoming is passing through the invoicing they’ve received The [redacted] ’s, through their attorney, requested copies of receipts, payments, invoicesfor subcontractors, suppliers, materialmen etcfor the entire span of the projectThe [redacted] ’s have been provided with copies of all of our previous monthly paymentrequests and change ordersOur Design-Build Agreement with the [redacted] ’s is a fixedprice contractThe amounts due and payable for each item were set forth in the BudgetEstimate dated 11/30/and in each of the change ordersThere is nothing in ourAgreement which gives the [redacted] ’s the right to nor obligates Chuck MillerConstruction Incto provide the [redacted] ’s copies of receipts, payments, invoices forsubcontractors, suppliers, materialmen etc The [redacted] ’s have been provided with a written disclosure statement pursuant toIdaho Code § 45-525(3) listing the names and contacting information of subcontractors,materialmen, and/or rental equipment suppliers which had a direct contractualrelationship with Chuck Miller Construction Incand supplied labor, materials, or rentalequipment of a value in excess of $in connection with the work performed on theirprojectThe [redacted] ’s have also been provided with a copy of a form with which theyrequest information concerning the balance owed by Chuck Miller Construction Inconsuppliers in connection with the construction of improvements on the their property