D Miller Construction

Regarding the question of the stairs to the second floor, it is common practice not to furnish the permanent stairs until the finish process of the house is almost complete (insulation, drywall, most trims, floor coverings.) As I was not contracted to finish these parts of the project, the stairs would not have been mentioned in our original contract I supplied a set of my own temporary stairs to be used by me during the construction of the original contract If I had remained on the project to finish, I would have left the stairs in place until the permanent ones were to be installed Customer had left me a voice mail message asking me about the temporary stairs, and I left her a voice mail message saying that I had already removed them but was willing to talk about that There was no further communication between us regarding that subject.In regards to homeowner’s remark about “some plumbing removed after firing contractor”, the plumbing she is referring to is my wooden plumbing box that was full of fittings when I brought it there (with my own inventory and tools), and a cardboard box with a few misc fittings that I brought from my own inventory as well.In regards to customer’s claim that she was billed under the Time & Materials basis , for items that should have been part of the original contract, an explanation of this has already been provided to customer But to reiterate, the following is offered:Customer exceeded her allowances for Doors, Siding, Windows and Garage Door The Total Allowances amounted to $22, Customer spent $22, (Copy of original invoices for those materials was provided.) This left a balance due to us of $714.99.We agree that there were three things from the original contract which were not completed Those being: the concrete at front entry door; the framing of a closet in the upstairs bedroom; and labor to install siding on the chimney Therefore, we credited customer in the amount of $714.99, as we have stated in a previous email and in the package of documents supplied to her This means the original contract should be considered complete.That being said, anything else that was done on the job site had to be handled on a Time & Materials basis and is billed as follows:Heating – Labor $3, Materials $8, Total $11,978Substructure & Deck – Labor $8, Materials $11, Total $20, (This includes materials for the balcony, the front porch and deck substructure and completed deck sqfoot deck with feet of stairs)Railings and post wraps – Labor $ Materials $1, Total $2,071Porch Roofs - Front porch roof - $charged to customer Deck roof – Labor $2, Materials $1, Total of $3,828Electrical – Labor $2, Materials $2, Total $4, (includes amp service installation and some finish electrical i.einstalling outside lights, a few receptacles in garage, laundry room and basement)Plumbing – Labor $2, Materials $1, Total $4,363Upstairs windows – Labor $ Materials $ Total $walls of Drywall in garage - Labor $ Materials $ Total $292.Coil cap cladding of doors – Labor $ Materials $ Total $1,087Paint doors - Labor $ Materials $ Total $494Gas Line, furnace intake – Labor $ Materials $ Total $686MiscHardware - $106Window wells - $70Gravel - $200Concrete sidewalk & apron - $2,628Bilco Stairs and other misc materials - $537.00The total labor cost under the Time & Materials billing is $20, The total materials is $33,178.The total of labor and materials is $54, The 10% Profit & Overhead cost is $5, See below:20,Total Labor33, Total Materials54, Total Materials and Labor5, 10% Profit59,Total Cost- Credit toward Bilco step materials and labor-1, Credit from return of unused deck materials-13, Payment received from first invoice-30, Payment received from second invoice$13, Balance due DMiller ConstructionThe heating contractor that I normally use submitted a quote of $22,to install the in-floor heat system I commented to homeowner that I knew a retired heating contractor that would design and oversee our installation of heat system He not only oversaw things, he had the system designed, he did a lot of the installation on the unit itself, he made sure the system ran and operated properly (His labor has not even been included in this invoice.) I commented to the homeowner that she owed him for his time, and she could work that out with him directly She verbally agreed to that arrangement at the time She verbally told him later, however, that “she had already paid enough for the heat system and didn’t owe him anything.” Amount owed, approximately $2,000.It should be noted that the homeowner asked me to come back to the job site, after she discontinued my contract on Monday, to connect the gas line since she had ordered propane to be delivered I advised her what the costs would be to connect that line and install a vent pipe and she agreed to pay those costs(verbally and in an email) As an act of good faith, I did return on Tuesday and connect the gas line for her, and installed the venting for the furnace The heating guy came on both Tuesday and Wednesday to help with the gas lines and once the propane tank was installed he fired up the furnace and made sure things were working properly Interestingly enough, the very next day the homeowner filed this complaint against me, and insisted that she doesn’t owe the heat guy (or me) a dime! She apparently doesn’t believe she owes me anything for the last weeks of labor.The $13,that homeowner owes me is basically all of the labor for the timeframe between the end of August through September and weeks into October I have tried repeatedly to communicate with homeowner about her concerns, and she has been unavailable I have already supplied homeowner with copies of the original material invoices, and week by week labor bills The information provided in this document is sufficient for homeowner to understand what is owed, and I’d appreciate payment being made as soon as possible so I can pay my materials and sub-contractor bills The quality workmanship and materials provided on this project are well deserving of prompt payment

D Miller 2First let me start by clarifying the concluding statement by Dave M*** " I have tried repeatedly to communicate with homeowner, she has been unavailable" my email records show ME sending Him an email 10/23, he replies 10/24, I reply to him 10/and again on 10/no reply from him after either of those two emails.The labor charges are mainly what I'm disputing.There is no week by week labor break downThat's the problemHe stated he would not be working at my house for weeks while they were installing a kitchen at another project And yet he bills me $12,labor for that timeframe with no explanation of work completedWe have time dated photos that show progress of work during the entire build 8/we were billed $for labor for to build the entire deck and stairs framing it says8/we were billed $to build the completed porch roof, wiring and plumbingThe only other labor charge detailed is heating and he lists labor for that at $3491.Builder states if all of his guys work hours it's $So I have previously asked for these labor charges to be detailedHe replied that he does not keep track of his guys that closely, they don't do time cards, they don't track their hoursSO HOW CAN HE KNOW WHAT TO BILL ME? It's time and material, not just paying his guys a salary on my money Time and material requires these charges be documentedThey are for a time frame that he was on vacation and he stated his men were not going to be at my Construction siteThe previous accounted for labor fees were listed as electric, plumbing, heating, deck and stair framing, porch roof completionWhat are these labor fees below? 9/labor charge $Please provide a detail of what work was doneThis charge indicates all six of your guys for almost of the days that weekhours completing what work? 9/labor charge $all guys working more than of days, hours of work completing what???? 9/labor charge $All guys working almost a full weekhours completing what? 10/labor charge $All guys working of daysDoing what? hours completing what work?$in expenses we feel should be covered in original contractThe electric was not completed and what was in place failed inspection in almost every areaInspector and two separate electricians were brought in to give their opinions I have currently paid $to have electric corrected and finishedBoth electricians estimated D Miller cost to be @$ Not the $he is requestingAnd electric had to be pulled out and re done to pass inspection!!!A new plumber will be working to complete the plumbing next week Again D Miller billed me for but did not complete The white pipes to the downstairs master bath were installed at one time but are now goneThe estimated cost to complete the required plumbing is $2000-$ I have paid D Miller $labor for plumbing(That's all of his guys working almost full week on rouplumbing Does it take guys almost a week to rough plumb a 1500sq ft new Construction???Heating- The heating was not completedI have spent $additional to have heating system completedD Miller brought in his friend *** to show his team how to install radiant heat flooring Dave said in return they would do some work on *** garage I met *** on the Wednesday 10/that the propane was hooked upThis was AFTER D Miller had been removed for failure to complete jobs and excessively high undocumented labor charges*** lives just down the road from my ConstructionHe also told me he was doing this job for D Miller in exchange for them doing work on his garageThat day *** said Dave told him I was going to pay him $ Dave hired *** and now wants me to pay *** $in addition to the $14,I paid D Miller for the heating work*** was there a couple hours the day the propane was connected and came back at 5pm to show my son how to operated the heat systemI offered to pay *** on the spot for that day and *** said no.There were miss managed labor and material issuesDave over estimated surface decking materials and ended up with 2000+ worth of decking left overHe then told me I would only get $refunded because they charged him a restocking feeThat's not my bill! I should not be expected to pay the cost of his miss managementI should ONLY pay materials used on my ConstructionHis miscalculations are his expensesDecking boards are expensed at $+$trim piecesOver $2000+ of that materials charge was overage that he still billed to me.He charged me 32% higher than the quoted cost for deck/porchThe Attorney General rules under time and materials say it can only come in 10% higher and the owner has to be given notification in writing and approve the additional chargeSo that's another $charge to me that I'm contestingMismanagement of materials and labor again Mismanaged materials expenses and charging me based on undocumented labor. entries on his billing me were double charges, $approx double charged.The contract between us states he will provide me weekly invoices detailing time and materialsHe gave me invoices since 6/And no labor was ever detailedHe says his guys don't keep timecards or details of work done, they are just onsite each dayTime and materials requires payment for work completed, its different than payroll under a contract for ConstructionI should not be asked to pay his payrollOur agreement is time and materials.DMiller did finally give me a inch stack of photocopy receipts on Oct None of the receipts detail products or what they were used forThey are general store receipts. The additional labor charge for the three weeks his guys were not going to be at my house is $10, The only work completed was nailing deck boards on deck foundation that was completed on August. He told me if all of his guys work hours it's $ So he is saying it took all of his guys days to nail down decking?? That's one of many inflated labor charges that he refuses to document because his guys don't keep record of the work they completeThey just are on the job siteAGAINTIME AND MATERIALS BILLING REQUIRES DETAILED LABOR RECORDS OF WORK COMPLETED BY HOURS! Other mismanaged expenses:1.ConcreteOur original contract states concrete in porch areas I'm $for this but no concrete was poured in porch areas.2.Labor for drywallhours of labor to hang sheets of drywall??3.Original contract says Bilco to basement and I'm billed @$10004.Two windows originally purchased for house were never installed and never credited back5.Billed for doors and only doors in house6.Builder states overage in siding and windows but does not credit returned items7.There is $800-$in outdoor lumber on property that builder charged to me but didn't need so it's just sitting thereI should not be charged for his miscalculating its materials USED under time and materials

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
Regards,
*** ***

Regarding the question of the stairs to the second floor, it is common practice not to furnish the permanent stairs until the finish process of the house is almost complete.  (insulation, drywall, most trims, floor coverings.)  As I was not contracted to finish these parts of the project,...

the stairs would not have been mentioned in our original contract.  I supplied a set of my own temporary stairs to be used by me during the construction of the original contract.  If I had remained on the project to finish, I would have left the stairs in place until the permanent ones were to be installed.  Customer had left me a voice mail message asking me about the temporary stairs, and I left her a voice mail message saying that I had already removed them but was willing to talk about that.  There was no further communication between us regarding that subject.In regards to homeowner’s remark about “some plumbing removed after firing contractor”, the plumbing she is referring to is my wooden plumbing box that was full of fittings when I brought it there (with my own inventory and tools), and a cardboard box with a few misc fittings that I brought from my own inventory as well.In regards to customer’s claim that she was billed under the Time & Materials basis , for items that should have been part of the original contract, an explanation of this has already been provided to customer.  But to reiterate, the following is offered:Customer exceeded her allowances for Doors, Siding, Windows and Garage Door.  The Total Allowances amounted to $22,000.  Customer spent $22,714.99.  (Copy of original invoices for those materials was provided.)  This left a balance due to us of $714.99.We agree that there were three things from the original contract which were not completed.  Those being: the concrete at front entry door; the framing of a closet in the upstairs bedroom; and labor to install siding on the chimney.  Therefore, we credited customer in the amount of $714.99, as we have stated in a previous email and in the package of documents supplied to her.  This means the original contract should be considered complete.That being said, anything else that was done on the job site had to be handled on a Time & Materials basis and is billed as follows:Heating – Labor $3,491   Materials $8,487   Total $11,978Substructure & Deck – Labor $8,491   Materials $11,957  Total $20,448  (This includes materials for the balcony, the front porch and deck substructure and completed deck 600 sq. foot deck with 55 feet of stairs)Railings and post wraps – Labor $384   Materials $1,687  Total $2,071Porch Roofs  - Front porch roof - $0 charged to customer      Deck roof – Labor $2,234   Materials $1,594  Total of $3,828Electrical – Labor $2,350   Materials $2,336  Total $4,686  (includes 200 amp service installation and  some finish electrical i.e. installing outside lights, a few receptacles in garage, laundry room and basement)Plumbing – Labor $2,892.00   Materials $1,471   Total $4,363Upstairs windows – Labor $227   Materials $416   Total $6432 walls of Drywall in garage -  Labor $200   Materials $92.00   Total $292.Coil cap cladding of 8 doors – Labor $160   Materials $927    Total $1,087Paint 8 doors -  Labor $360   Materials  $134.   Total $494Gas Line, furnace intake – Labor $150.00   Materials $536   Total $686Misc. Hardware - $106Window wells - $70Gravel - $200Concrete sidewalk & apron - $2,628Bilco Stairs and other misc materials - $537.00The total labor cost under the Time & Materials billing is $20,939.  The total materials is $33,178.The total of labor and materials is $54,117.  The 10% Profit & Overhead cost is $5,411.  See below:20,939 Total Labor33,178  Total Materials54,117  Total Materials and Labor5,411   10% Profit59,528 Total Cost-487         Credit toward Bilco step materials and labor-1,261     Credit from return of unused deck materials-13,836   Payment received from first invoice-30,000   Payment received from second invoice$13,944  Balance due D. Miller ConstructionThe heating contractor that I normally use submitted a quote of $22,500 to install the in-floor heat system.  I commented to homeowner that I knew a retired heating contractor that would design and oversee our installation of heat system.  He not only oversaw things, he had the system designed, he did a lot of the installation on the unit itself, he made sure the system ran and operated properly.  (His labor has not even been included in this invoice.) I commented to the homeowner that she owed him for his time, and she could work that out with him directly.  She verbally agreed to that arrangement at the time.  She verbally told him later, however, that “she had already paid enough for the heat system and didn’t owe him anything.”  Amount owed, approximately $2,000.It should be noted that the homeowner asked me to come back to the job site, after she discontinued my contract on Monday, to connect the gas line since she had ordered propane to be delivered.  I advised her what the costs would be to connect that line and install a vent pipe and she agreed to pay those costs. (verbally and in an email).  As an act of good faith, I did return on Tuesday and connect the gas line for her, and installed the venting for the furnace.  The heating guy came on both Tuesday and Wednesday to help with the gas lines and once the propane tank was installed he fired up the furnace and made sure things were working properly.  Interestingly enough, the very next day the homeowner filed this complaint against me, and insisted that she doesn’t owe the heat guy (or me) a dime!  She apparently doesn’t believe she owes me anything for the last 9 weeks of labor.The $13,944 that homeowner owes me is basically all of the labor for the timeframe between the end of August through September and 3 weeks into October.  I have tried repeatedly to communicate with homeowner about her concerns, and she has been unavailable.  I have already supplied homeowner with copies of the original material invoices, and week by week labor bills.  The information provided in this document is sufficient for homeowner to understand what is owed, and I’d appreciate payment being made as soon as possible so I can pay my materials and sub-contractor bills.  The quality workmanship and materials provided on this project are well deserving of prompt payment.

> She was given a week by week labor breakdown, as seen in the two spreadsheets given to her, and now given to you. They are attached for your reference and marked as Attachment #2, and Attachment #3.> She was not told that we would not be at her project for 3 weeks - she was told that we would be in and out of the project and not working full weeks.> She was not billed $12,000 labor for "that time frame" (3 weeks). She was billed $13,961 for labor (see spreadsheet #2) for the period of week ending 9/1/17 through 10/24/17. (8 34 weeks). During this time period here is what was completed:o We installed the cladding to the exterior doors,o We painted 8 (of the 10) exterior doors,o We furthered our work on plumbing, wiring and heating,o We constructed a 12 x 21 porch roof,o We installed (2) windows to master bedroom (upstairs),o We built the sub-structure for the stairs on the decks,o We finished the main deck sub-structures on the decks,o We re-graded the stair areas to the decks,o We installed more backfill under the stairs.o We drilled 10 holes and set posts with concrete bases to support the steps on bothdecks (55' of stairs)o We installed all the decking for both decks and the balcony. (600 square feet of high grade composite decking) o We installed fascia to exterior deck framing to cover edges of treated lumber, o We installed hand railings to balcony and (2) places on deck stairs,o We installed post wraps to 4 roof support posts on decks.o We installed drywall to 2 walls of the garage to permit blown insulation to be installed,o We came back and installed the gas lines and venting for the furnace after she fired us,at her request, under the agreement that we would be paid.Paragraph 2> I never stated that "all six of the guys that were hired to work on these projects cost $1000 for an 8 hour day." This is what I charged her: $30 an hour per man for 3 of the guys (myself included); 1 man at $20/hour; 1 man at $18/hour; 1 man at $15/hour. This six man crew reflects 150 years of experience collectively!> Some of the numbers that she is using are taken from the original Time & Materials billing, which was revised to include minor corrections and concessions. We refer to the final bill (spreadsheet #2) which was given to her 2 days after separation from the project.> She was never charged a "salary" for my crew, she was only billed for actual hours worked on her project, at the "per man" rate as described above, on a weekly basis.Paragraph 3> She is still referring to incorrect numbers, taken from a far previous spreadsheet, and the explanation of what was accomplished during this time period is listed above in bullet points, and in previous correspondence (reply to her complaints).> I can only assume she is talking about the $2,628 (actual) for concrete work performed by [redacted] Concrete, which covered the 20' x 20' concrete apron outside of the garage, and the 4' wide by over 40' long concrete sidewalk. These items were not included in my original contract, and thus were included under the Time & Materials arrangement. She was aware that they were not included, as I discussed with her that it could cost around $3,000.Paragraph 5> Two of her "electrician buddies" stated that the part that we did should have only cost $1400. That is easy for them to say, since they didn't do the part that we did.> She was only billed $2,350 for labor, the rest of the $4,686 was materials and the charge for the sub-contractor who installed the 200 amp service.> I have spoken to the inspector myself and he sheds a different light on what caused them to fail their inspection, stating that my work completed before separated met code and would not have caused the inspection to fail. It was the work that was done following my separation from the project that caused the failed inspection.> We had completed approximately between 60 - 70% of the rough wiring at separation, for the $2,350 labor. The fact that "her electricians charged her $3,500" (her words) is not my problem, because I was not allowed to finish the job.Paragraph 6> We did not complete the plumbing because she asked us to leave the project, and she had never made a decision on what kind of tubs, showers or faucets she wanted in those areas.> The new plumber is going to charge her $2,000 to $2,500 to complete what?? But again, how does this matter to us, because we were separated from project and could not complete the rough plumbing, which was 90% completed at separation.> The rough plumbing we did (90% complete) was charged at $2,892 labor and $1,471 materials for a total of $4,363. (Homeowner isn't aware that her house is actually 1,974 square feet, not the 1,500 sq. feet she quotes.) Her house has 3 full bathrooms, a laundry room and a kitchen that were 90% rough plumbed when we left, to the point that there was water in the pipes.Paragraph 7> The costs for [redacted]'s time is not even billed under the invoice provided her. It's not even part of this complaint, really. But, I did tell her that I felt it was right for her to pay [redacted] directly because he did a lot more work and even provided materials not billed to her, out of his inventory, he did not just "look over our shoulders. She acknowledged that on the Friday before she fired us.Paragraph 8> She was not charged $14,000 for heating. She was charged $11,978. (Please see our response to her complaint, already provided.) Labor was $3,491, materials were $8,487 for a total of $11,978.> I was originally given a quote by the heating contractor I frequently use, for $22,500. This has already been shared in a previous response. We discussed the fact that by us handling this with [redacted]'s help, our expected cost would be $14,000 to $16,000 saving her approximately $6500 to $8500. In reality, we saved her the difference between $11,978 and $22,500 but she is still complaining??> The heating was not completed because we were separated from the job. The additional $2500 that she claims to have spent after we left would have included $600 on insulation materials and in her own words "20 hours labor." This would mean that she was being charged $95 an hour for someone to staple up insulation.Paragraph 9> I don't know where she pulled these numbers from so let's set the record straight - we were not even over budget, (see below)> I was charged a 20% re-stocking fee on approx. $1500 worth of material (not $2000) and gave her a credit of $1261.02 (invoice supplied previously). Her decking materials cost $12,000 and I miscalculated by $1500 of which she got back $1261.02 credit.> I originally quoted her a price of approximately $20,000 for 600 square feet of decks and balcony, which at that time only included (2) 3' sets of steps to grade. That got changed to the 55' of steps, with handrails in 2 locations, because she decided she needed hand rails on the two ends of the steps so that it would assist her parents. We actually completed the decks for her at a cost of $20,448, so I don't know where she came up with "32% higher than quoted cost". By the way, I have already explained this at least twice before, (see my prior response, attached) Additionally, the $1261.02 refund would come off of the actual cost, bringing it down to under $20,000.Paragraph 10> I have no idea what she is talking about regarding $2200 worth of double charged billing. If she is looking at the spreadsheets (attached) she would see no over-billing or double billing.Paragraph 11> As we have explained numerous times, she was only billed for hours worked on her Time and Materials project. See Paragraph 2 above.Paragraph 12> This statement is untrue, receipts are copies of the original detailed material receipts and are all included on the spreadsheets and were provided with final billing, also including copies of invoices pertaining to allowanced items from original contract, i.e. windows, doors, siding.Paragraph 13> This statement is also inaccurate, see Paragraph 1 above.Paragraph 14> I don't have any idea where she came up with these numbers, but I have already addressed this issue numerous times, please see paragraph 1 & 2 above.> The $2628 billed for concrete, as I have already explained, was for the cement apron and sidewalk, which were NOT included in the original contract. See Paragraph 4 above.> She was not billed for a concrete pad under her front porch. She was actually given a credit under our original contract because it was decided that rather than concrete, a deck needed to be built there, (see allowances attachment)Paragraph 16> The $200 included my time to pick the materials and bring them to the job site, as well as 3 guys for about 2 hours each.> She was not billed $1000 for Bilco stairs ever. She was actually billed for the Bilco stair materials and misc. materials in the amount of $537. We made an adjustment on the final invoice showing a credit of $487 for materials and labor - she believed that my original contract stating that "a Bilco entrance was provided" should have included the stairs. I felt since it could be a "gray area" not spelled out in my original contract so we credited back the material and labor part for the Bilco stairs, meaning she paid 0 for her Bilco stairs.Paragraph 17> She WAS billed for 10 doors because I installed 10 doors! Here is a list:o 4 doors on the north end of the living room, two of which are stationary,o 1 door on the west side of dining areao 1 door on the south side of mud room areao 1 door between mud room and garageo 1 door on south side of garageo 1 door in master bedroom to balconyo 1 door at Bilco stair to basementParagraph 18> When she says "the builder states overage in siding and windows", this doesn't mean I ordered too much materials. It means that she exceeded her siding allowance. (See original allowance attachment) The only materials included in the siding allowance are siding - not soffit, facia, drip edge or gutters.> The materials which were left on the job site could have been returned for a customer credit, but I was separated from the project and could not arrange for their return. It should be noted that the only materials left on the job site was some "outdoor lumber material", which is treated lumber, approximately 10 2 x 10 x 12's at approx.. $15 per piece, amounting to $150-not $800 - $1000.