CMK Builders

Hello, Per the email I have attached above, there was pages of communication between myself (Meredith [redacted] ) and [redacted] addressing a list of warranty issues he had asked us to complete upon moving into their new homeAll of the items on that list were completed, even without the $balance being paidAt no point was I notified of an issue with landscaping or the garage floor until receiving the warranty paperwork a few weeks agoNo one at CMK remembers there being an issue discussed previously regarding the garage floor or landscaping prior to the warranty paperwork being turned inReplacing a garage floor is a huge project if it is needed, and would require much more research and planning than just sending someone over to fix Once again, I am responding that we are happy to research and address the warranty issues sent to us in June, once we receive proper compensation for a job that was completed per Mr [redacted] 's request The contract only includes the amount of blacktop/concrete needed for the standard setback for a home (ft)Your home is setback an extra feet, so that invoice is separate completely from the amount agreed to and paid for per the contractTherefore, attempting to decline payment of the extra setback of concrete/blacktop because it wasn't on the contract as such isn't a valid argument in CMK's estimation We also would like to point out that we have been very patient in collecting the balance due for this invoice, without interest collected or further collection activity or small claims court activityHowever, we are certain that we can prove simply by measuring the setback from [redacted] 's home, that he indeed owes and did not pay for the extra feet as his house standsAdditionally, there are numerous instances in email documentation where Mr [redacted] acknowledges that he owes the $and due to his own financial constraints, cannot pay Thank you

Hello, Attached are three documents which show that Mrand Mrs [redacted] owe CMK Builders, Inc$for blacktop work/concrete work completed that was never paid for on the tail end of his new home build with usPer the emails attached, Mr [redacted] acknowledges that he owes $to CMK, but states due to his outstanding medical expenses, was financially unable to pay us until the first quarter of We were understanding and did not pursue the past due amount any further, however when the first quarter of came and went, he was sent an invoice which he acknowledges receiving on 3/1/At this point, Mr [redacted] refuses to pay this amount, but says it will be paid within daysThere were no errors, so no revised invoice was createdTo date, we still have not received payment for the outstanding $The reason that this amount was not included in the original house contract was because he requested after contract was written to have his house moved back an additional feet, causing additional material/labor charges to be incurredWe have obviously since paid our subcontractors who billed us for the work, however we have not received proper compensation from Mr [redacted] We are happy to complete any warranty work that Mr [redacted] has requested upon receipt of the $owedJust as an FYI, all immediate warranty concerns upon the [redacted] s moving in in were addressed (he had a small punch list on August 7, email to us)Thank you for addressing Mr [redacted] 's concern, any further questions please let me know

Revdex.com:I do not acceptPlease be advised that I agreed that I would pay the $during the discussion in October of However, The builder also acknowledged and agreed to take care of the landscaping and garage floor in a matter of a few weeksThis never happened When My wife and I entered into this contract with CMK Builders, there were building plans of the site and structure which CMK was in complete charge and controlIt is their responsibility to manage and supervise the construction on the siteAt the completion of building a signing occurred with the protection of warrantyThe buyers of this building and property ( [redacted] ***) had nothing to do with preparation of paperwork or on site construction of the property at [redacted] *** Upon signing for the transfer of property, CMK and their legal arm were solely responsible for the preparation of the contractThe final charges were render and signed for by [redacted] Once signed, the contract and assets would be completeWhat CMK builders is trying to account for is the poor management of the contractThey would seem to suggest that they can and at will come up additional charges after the signing of the purchaseAgain, this was their responsibility to have the paperwork completeCMK backed away from there promise to make repairs in October I believe my case will stand up in courtThe cost of all repairs and legal fees will be sought for damagesThis is strictly in CMK's realm to accept or reject the path this will take [redacted] August 7,

A resolution in writing

Revdex.com:I do not acceptPlease be advised that I agreed that I would pay the $during the discussion in October of However, The builder also acknowledged and agreed to take care of the landscaping and garage floor in a matter of a few weeksThis never happenedWhen My wife and I entered into this contract with CMK Builders, there were building plans of the site and structure which CMK was in complete charge and controlIt is their responsibility to manage and supervise the construction on the siteAt the completion of building a signing occurred with the protection of warrantyThe buyers of this building and property ( [redacted] ***) had nothing to do with preparation of paperwork or on site construction of the property at [redacted] ***Upon signing for the transfer of property, CMK and their legal arm were solely responsible for the preparation of the contractThe final charges were render and signed for by [redacted] Once signed, the contract and assets would be completeWhat CMK builders is trying to account for is the poor management of the contractThey would seem to suggest that they can and at will come up additional charges after the signing of the purchaseAgain, this was their responsibility to have the paperwork complete.CMK backed away from there promise to make repairs in OctoberI believe my case will stand up in courtThe cost of all repairs and legal fees will be sought for damagesThis is strictly in CMK's realm to accept or reject the path this will take[redacted] August 7,

Hello,Attached are three documents which show that Mrand Mrs*** owe CMK Builders, Inc$for blacktop work/concrete work completed that was never paid for on the tail end of his new home build with usPer the emails attached, Mr*** acknowledges that he owes $to CMK, but states
due to his outstanding medical expenses, was financially unable to pay us until the first quarter of We were understanding and did not pursue the past due amount any further, however when the first quarter of came and went, he was sent an invoice which he acknowledges receiving on 3/1/At this point, Mr*** refuses to pay this amount, but says it will be paid within daysThere were no errors, so no revised invoice was created. To date, we still have not received payment for the outstanding $The reason that this amount was not included in the original house contract was because he requested after contract was written to have his house moved back an additional feet, causing additional material/labor charges to be incurredWe have obviously since paid our subcontractors who billed us for the work, however we have not received proper compensation from Mr***.We are happy to complete any warranty work that Mr*** has requested upon receipt of the $owedJust as an FYI, all immediate warranty concerns upon the ***s moving in in were addressed (he had a small punch list on August 7, email to us).Thank you for addressing Mr***'s concern, any further questions please let me know

We have been in continuous contact with this homeowner in regards to their concrete, in particular since JulyKevin from CMK has visited this homeowner's property on occasions to determine the condition of the concrete and what the resolution would
bePatio size is wrong - We acknowledge that there was miscommunication between the concrete installer and CMK on the size of the patioThere are feet missing along one sideWe are willing to reimburse the homeowner $via check for this error which is more than the cost of the materials/labor that would have been paid to the concrete installer if it had been done at the right sizeWe will wait to hear from the homeowner on whether this is accepted before sending outThreshold from the garage floor to the blacktop - Kevin Srhas explained in person to the homeowner that the blacktop is designed to be slightly lower than the concrete garage floor in case the homeowner ever would want to add a one-inch topper to the blacktopThis is how all of our homes are completed that have a blacktop driveway and is correct per standards of the NFBA.
Concrete Flaking - Some flaking of concrete is due to the nature of the materialSealing of the concrete post-building and before winter is recommended to help decrease any flaking that may occur due to wear and tear and the elements and it was determined that this was not done by the homeownerKevin from CMK Builders met at the home with the owner as well as the concrete installer, ** *** and a representative from the concrete manufacturer, ***, who deemed the quality of the concrete/installation within an acceptable range per the standards of the Niagara Frontier Building Association who provides builders with guidelines to use when building homes in our areaNo reimbursement will be given for this complaint as we are within the standards of the NFBA as confirmed by both the installer and the concrete manufacturer

Hi Jessica - Finally got the letter from the concrete companyThanks,Meredith S*CMK Builders, Inc.P: ###-###-####F: ###-###-####

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
CMK was not upfront and honest with us about the drainage solution for my front yard. *** *** admitted that he knew that this lot was a problem but offered no explanation as to why it was not addressed prior to our move in date We found out through the Town of Newstead that *** *** withheld information about the drainage project that was done on *** *** the same solution was offered to us in November but without the knowledge of a drainage outlet. We asked numerous times about an outlet and was never told of one being installed even though Town records show one was placed on *** *** Even the developer stated that there was never a water problem prior to the home being constructed. I cannot trust that the job was going to be done properly. First, the proposed fix in September of adding dirt did nothing to solve the problem, it just pushed the water farther onto my property. Second, after many attempts to contact CMK about the plan for the drainage were left unanswered and the complete lack of knowledge about the workings of the proposed fix in November, we decided it was in our best interest to fix the problem on our own as we knew it would be corrected properly. It should not been our responsibility but were left no choice*** *** had no answers for where the water would drain to, who would do the job, and also any plans to show us. Finally, after being mandated to put a pipe onto the property next door by the Town (because of a error in building the new home too high) to help with flooding, I do not understand why we did not get that same treatment. When we originally offered our solution in November but I was told it was too expensive and the only way he would do it is if we all go into a lawsuit against the town *** *** had many opportunities to fix the problem but could not offer any reasonable solution. Everything was a trial and error approach and we were not interested in making the problem worse after he attempted his September 10th solution, which was unsuccessful
Regards,
*** ***

The response is not acceptable and does not meet the terms of the contractBy CMK's admission, repairs take a few weeksThe agreement in October of becomes null and void by the fact that it was never taken care ofAgain, CMK promised to repair and the Bailey's promised to payThere is no good faith on the part of the contractor when they never showedTake it for what it is worthThe contractor did not perform and therefore in my eyes any agreement is voidThe contract at closing is just thatIt is the completion on transfer of the assets to the Bailey's and the transfer of the money to CMKIt is final and completeThere is no more money dueAt this time I will be getting estimates for repairs from other contractors and taking this process through the legal systemThis could have been settled without all the extra lawyer fees and costs from the courtsThat being said, it is the choice of CMK as to which choice they makeI have chosen a lawyer (not *** ***) and they feel that this is a no brainerRegards,*** ***

April 25,
The Revdex.com
Attn: *** Complaint Handler ext###
Re: *** Complaint
Complaint ID #: ***
Dear Sir/Madam:
class="Apple-tab-span" "white-space: pre;"> In response to the above-referenced complaint, the following isCMK Builders of Alden, Inc.'s response to the complaint: We were made aware of the drainage situation at *** *** by Mrand Mrs***. CMKbuiltthe homeatthe addressCMK did not design the *** *** subdivison orthe drainage plan that was adopted by the Town ofNewstead in connection with the subdivisionThe lot that was purchased bythe ***'s is located at natural low area ofthe subdivisionThe subdvision does not have storm water ditches along the roadThe home was constructed in compliance with all state and local requirements When we were made aware of the problem we spoke with the ***s, the Town and the developer of the subdivision about addressing the problemAnumber of options were available and CMK was more than willing to address the problem and remedy the situationUltimately the ***s were not willing to allow CMK orthe developer adequate time or opportunity to address the problem but instead took it upon themselves tocontract with athird party to install a drain from the front of the property to the rear of the property ata substantial costCMK and/or the developer of the subdivision would have and could have arranged to ultimately install the same system if other options did not address the adequately address the problem at a fraction of the cost the ***s incurred
Thank you
CMK Builders ofAlden, Inc
by:
*** *** ***, Pres

Hello,Per the email I have attached above, there was pages of communication between myself (Meredith ***) and *** *** addressing a list of warranty issues he had asked us to complete upon moving into their new homeAll of the items on that list were completed, even without the $balance being paidAt no point was I notified of an issue with landscaping or the garage floor until receiving the warranty paperwork a few weeks agoNo one at CMK remembers there being an issue discussed previously regarding the garage floor or landscaping prior to the warranty paperwork being turned inReplacing a garage floor is a huge project if it is needed, and would require much more research and planning than just sending someone over to fix. Once again, I am responding that we are happy to research and address the warranty issues sent to us in June, once we receive proper compensation for a job that was completed per Mr* ***'s request. The contract only includes the amount of blacktop/concrete needed for the standard setback for a home (ft)Your home is setback an extra feet, so that invoice is separate completely from the amount agreed to and paid for per the contractTherefore, attempting to decline payment of the extra setback of concrete/blacktop because it wasn't on the contract as such isn't a valid argument in CMK's estimation We also would like to point out that we have been very patient in collecting the balance due for this invoice, without interest collected or further collection activity or small claims court activityHowever, we are certain that we can prove simply by measuring the setback from *** ***'s home, that he indeed owes and did not pay for the extra feet as his house standsAdditionally, there are numerous instances in email documentation where Mr* *** acknowledges that he owes the $and due to his own financial constraints, cannot pay. Thank you

We have been in continuous contact with this homeowner in regards to their concrete, in particular since JulyKevin from CMK has visited this homeowner's property on occasions to determine the condition of the concrete and what the resolution would be.Patio size is wrong - We acknowledge that
there was miscommunication between the concrete installer and CMK on the size of the patioThere are feet missing along one sideWe are willing to reimburse the homeowner $via check for this error which is more than the cost of the materials/labor that would have been paid to the concrete installer if it had been done at the right sizeWe will wait to hear from the homeowner on whether this is accepted before sending out.Threshold from the garage floor to the blacktop - Kevin Srhas explained in person to the homeowner that the blacktop is designed to be slightly lower than the concrete garage floor in case the homeowner ever would want to add a one-inch topper to the blacktopThis is how all of our homes are completed that have a blacktop driveway and is correct per standards of the NFBA. Concrete Flaking - Some flaking of concrete is due to the nature of the materialSealing of the concrete post-building and before winter is recommended to help decrease any flaking that may occur due to wear and tear and the elements and it was determined that this was not done by the homeownerKevin from CMK Builders met at the home with the owner as well as the concrete installer, ** *** and a representative from the concrete manufacturer, ***, who deemed the quality of the concrete/installation within an acceptable range per the standards of the Niagara Frontier Building Association who provides builders with guidelines to use when building homes in our areaNo reimbursement will be given for this complaint as we are within the standards of the NFBA as confirmed by both the installer and the concrete manufacturer

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.[To assist us in bringing this matter to a close, we would like to know your view on the matter.]Regards,[redacted] As per our original complaint detail- CMK has done a very good job of dodging our calls and pushing this back for over a year and a half now. This concrete was poured back in MAY OF 2014?!!?!?!? I have email documents if needed to prove this.
We've never heard of NFBA or their standards. Nor are they included in a copy of the contract we signed with CMK. Everything that is mentioned regarding this means nothing to us.
Regarding the threshold- it is not the same other homes. Please see pictures attached- we are referring to the threshold that the blacktop installers damaged rolling their roller over in multiple spots. We also have mentioned this to Kevin...
The flaking and complaints started in 2014 and if you were in continuous contact you would have known that it flaked well before the winter time. When we finally reached Kevin he advised us the issue would be resolve after the winter and he assured us he is a man of his word and this would be taken care of. When asked for it in writing he said he is a professional and his word should be enough. Never until this Revdex.com complaint was NFBA standards mentioned or defended. It was always going to be taken care of. It's very disheartening to know we spend the money we did to be left high and dry with a year and half of complaints, a patio that's chipping, pitting and flaking, AND the wrong size, and you want to give us $250?!?!?! The reason we involved the Revdex.com was because we were sick of this issue being delayed and pushed off.
This is NOT how we expected to be treated when we started this entire process in August 2013.

Hello,
Attached are three documents which show that Mr. and Mrs. [redacted] owe CMK Builders, Inc. $2000 for blacktop work/concrete work completed that was never paid for on the tail end of his new home build with us. Per the emails attached, Mr. [redacted] acknowledges that he owes $2000 to CMK,...

but states due to his outstanding medical expenses, was financially unable to pay us until the first quarter of 2015. We were understanding and did not pursue the past due amount any further, however when the first quarter of 2015 came and went, he was sent an invoice which he acknowledges receiving on 3/1/2015. At this point, Mr. [redacted] refuses to pay this amount, but says it will be paid within 30 days. There were no errors, so no revised invoice was created. To date, we still have not received payment for the outstanding $2000. The reason that this amount was not included in the original house contract was because he requested after contract was written to have his house moved back an additional 30 feet, causing additional material/labor charges to be incurred. We have obviously since paid our subcontractors who billed us for the work, however we have not received proper compensation from Mr. [redacted].
We are happy to complete any warranty work that Mr. [redacted] has requested upon receipt of the $2000 owed. Just as an FYI, all immediate warranty concerns upon the [redacted]s moving in in 2014 were addressed (he had a small punch list on August 7, 2014 email to us).
Thank you for addressing Mr. [redacted]'s concern, any further questions please let me know.

Revdex.com:I do not acceptPlease be advised that I agreed that I would pay the $2000.00 during the discussion in October of 2014. However, The builder also acknowledged and agreed to take care of the landscaping and garage floor in a matter of a few weeks. This never happened. 
When My wife and I entered into this contract with CMK Builders, there were building plans of the site and structure which CMK was in complete charge and control. It is their responsibility to manage and supervise the construction on the site. At the completion of building a signing occurred with the protection of warranty. The buyers of this building and property ([redacted]) had nothing to do with preparation of paperwork or on site construction of the property at [redacted]. 
Upon signing for the transfer of property, CMK and their legal arm were solely responsible for the preparation of the contract. The final charges were render and signed for by [redacted]. Once signed, the contract and assets would be complete. What CMK builders is trying to account for is the poor management of the contract. They would seem to suggest that they can and at will come up additional charges after the signing of the purchase. Again, this was their responsibility to have the paperwork complete.
CMK backed away from there promise to make repairs in October. 
I believe my case will stand up in court. The cost of all repairs and legal fees will be sought for damages. This is strictly in CMK's realm to accept or reject the path this will take.
[redacted]
August 7, 2016

Hi Jessica - 
Finally got the letter from the concrete company.
Thanks,
Meredith S[redacted]
CMK Builders, Inc.
P: ###-###-####
F: ###-###-####

Hello,
Per the email I have attached above, there was 7 pages of communication between myself (Meredith [redacted]) and [redacted] addressing a list of warranty issues he had asked us to complete upon moving into their new home. All of the items on that list were completed, even without the $2000 balance being paid. At no point was I notified of an issue with landscaping or the garage floor until receiving the warranty paperwork a few weeks ago. No one at CMK remembers there being an issue discussed previously regarding the garage floor or landscaping prior to the warranty paperwork being turned in. Replacing a garage floor is a huge project if it is needed, and would require much more research and planning than just sending someone over to fix. 
Once again, I am responding that we are happy to research and address the warranty issues sent to us in June, once we receive proper compensation for a job that was completed per Mr[redacted]'s request. 
The contract only includes the amount of blacktop/concrete needed for the standard setback for a home (100 ft). Your home is setback an extra 30 feet, so that invoice is separate completely from the amount agreed to and paid for per the contract. Therefore, attempting to decline payment of the extra setback of concrete/blacktop because it wasn't on the contract as such isn't a valid argument in CMK's estimation.  
We also would like to point out that we have been very patient in collecting the balance due for this invoice, without interest collected or further collection activity or small claims court activity. However, we are certain that we can prove simply by measuring the setback from [redacted]'s home, that he indeed owes and did not pay for the extra 30 feet as his house stands. Additionally, there are numerous instances in email documentation where Mr[redacted] acknowledges that he owes the $2000 and due to his own financial constraints, cannot pay. 
Thank you.

Revdex.com:I do not acceptPlease be advised that I agreed that I would pay the $2000.00 during the discussion in October of 2014. However, The builder also acknowledged and agreed to take care of the landscaping and garage floor in a matter of a few weeks. This never happened. When My wife and I entered into this contract with CMK Builders, there were building plans of the site and structure which CMK was in complete charge and control. It is their responsibility to manage and supervise the construction on the site. At the completion of building a signing occurred with the protection of warranty. The buyers of this building and property ([redacted]) had nothing to do with preparation of paperwork or on site construction of the property at [redacted]. Upon signing for the transfer of property, CMK and their legal arm were solely responsible for the preparation of the contract. The final charges were render and signed for by [redacted]. Once signed, the contract and assets would be complete. What CMK builders is trying to account for is the poor management of the contract. They would seem to suggest that they can and at will come up additional charges after the signing of the purchase. Again, this was their responsibility to have the paperwork complete.CMK backed away from there promise to make repairs in October. I believe my case will stand up in court. The cost of all repairs and legal fees will be sought for damages. This is strictly in CMK's realm to accept or reject the path this will take.[redacted]August 7, 2016

Company contacted Revdex.com asking for an extension of time to respond.