Davis Contracting

Contractor was hired to do home repairs and renovations after purchasing house with FHA loan. Boiler was installed and I was informed that it passed [redacted] Next Step Living came to do insulation work which required them to do their own inspection of the boiler and they failed it for possible carbon monoxide issues. The boiler installed was a brand new unit. Contractor charged me an extra $600 to fix the issue. Many other projects were done poorly or left unfinished. A new back door was installed and the molding installed was broken and later patched. The molding did not match the rest of the molding in the house and there was a large gap between the molding on the door and the baseboard molding it was supposed to be joined with. Laminate countertops and a backsplash was installed and the backsplash was left unfinished and when the contractor was contacted he stated that he had no intentions of finishing it. The contractor also told me to save any receipts from work that I did to the house because there would be left over money in the loan. He said that he would reimburse me after all the work was completed. The contractor collected the receipts and when asked about being reimbursed he stated that there was no remaining funds in the loan. He never showed proof of this other than writing how much he claimed everything cost on a sheet of paper. When I asked for the receipts back he said that he needed them for tax purposes. When I told him that it was work he did not do and that I would be using the information for tax purposes he told me he could not find them. He said he would look for them and when I contacted him multiple times up to a month later he said he still did not have them. I have not heard from the contractor since.Product_Or_Service: home renovationsDesired SettlementI do not believe I should have to pay $600 to have a brand new boiler repaired before it was used. I also do not feel that the contractor should be able to take credit for work that I did when they do their taxes for the year. Business Response I disagree with the allegations that the homeowner has presented. My responses and explanations are as follows: A new Buderus fired furnace was installed per the Town of Charlton specifications. All building permits were obtained and signed off by the Town of Charlton. When the Master Plumber installed the Buderus boiler, it was set to all manufacturers' specifications and was set with a Buderus combustion analyzer. The boiler passed ** all Town requirements. The State of Massachusetts does not require a fresh air intake system to be installed in any open areas. If the boiler was in a closed area that has poor ventilation, a fresh air intake system is required by Mass Code. The boiler location at the homeowner's house is in a wide-open cellar with no partition walls. As per Mass Code, a fresh air intake system is not required. The test that is given by the Mass Save Program is not recognized by manufacturer's specifications or by the Charlton Town Bylaws. The installation of a fresh air intake system on the homeowner's furnace was above and beyond the scope of the original job quoted. A fresh air intake system install was NOT on the original contract between the Contractor and the homeowner. Fresh air intake systems are separate from the furnace installation and is a separate cost, if installed. The homeowner indicated on his complaint that the new boiler had to be repaired after it was installed. That is false - the newly installed boiler did not have to be repaired whatsoever. There was nothing wrong with the new boiler.Gutters --- Listed within the Wells Fargo Bank Job Contract with the homeowner, is a section to install new gutters. The homeowner advised me that he would like to have somebody he knows install the gutters. I told him that would be fine but due to the fact I will be 1099'd (taxed) on the entire amount paid to the Contractor by Wells Fargo Bank (per the signed and agreed upon Contract), I needed the gutter receipts to support the purchase. The receipts that the homeowner provided to me were not for gutters, but for other purchases that equal to the amount of the gutters (a refrigerator and paint that he had bought for the interior of the house). These receipts equal the contracted amount of the gutters. If the Contractor does not have receipts to support materials purchased for the job, the money paid by Wells Fargo Bank will be taxed as income against the Contractor. The homeowner requested to utilize the money paid by Wells Fargo Bank that was credited from the gutters towards a separate project (not included in the Wells Fargo Bank contract). The homeowner requested that I replace the kitchen countertops with the money not used from the gutter install (above/beyond the signed Contract with Wells Fargo Bank). The receipts that the homeowner are referring to - I made photocopies of same but unfortunately am not able to locate them at present time. For my business, I have folders of receipts that I store for tax purposes. I have briefly gone through the folders without success. When tax season approaches, I will do my best to locate them and return them to the homeowner. Of note, I still have not received gutter receipts from the homeowner to support non-taxable materials bought, as the Contractor was paid by Wells Fargo Bank and will be taxed for it.Kitchen renovations --- The homeowner spoke to me about replacing his countertop and backsplash (with the credit from his gutters). This was not part of our original Contract through Wells Fargo Bank. The agreed upon job between the Contractor and the homeowner consisted of removing the existing countertop, kitchen sink, existing kitchen faucet, and existing wall-tiles above the backsplash. The original wall-tiles above the counter backsplash covered the wall up to the existing kitchen cabinets (approximately 18" high). After the demolition phase, new ½" blue board was installed where are all old wall tiles were removed. A new countertop with a 4" backsplash was installed, as well as a new kitchen sink and faucet, as per our discussion. There was no discussion between myself and the homeowner in regards to replacing the wall tiles. The remaining money from the Wells Fargo Bank loan that the homeowner wanted to utilize for kitchen renovations did not cover any wall tiling, as he was not quoted for or charged for that job either. At no time did I tell the homeowner that part of the kitchen renovations job was to tile the wall above the kitchen counter backsplash. Moldings --- The piece of molding that had been 45° seamed together at the top of the door had been removed and replaced with 1-piece after the homeowner had expressed that he did not want a 2-piece section of molding (the moldings originally used came with purchase of the new door - which is standard). The homeowner contacted me to advise one of his electrical receptacles in the kitchen was not working. I contacted the Electrician and he went to his house to fix the receptacle.The following is a list of 'Extras' that was discussed and agreed upon between the Contractor and the homeowner. The list was provided to the homeowner. 1. Replace rotted ledger boards on front of house. 2. Extend the front door landing. 3. '3'gallons of Benjamin Moore exterior paint was purchased for the homeowner (so he could finish painting the rest of his house). The contract between the Contractor and the homeowner was to paint the front and one side of his house - the homeowner was going to paint the remaining sides and wanted me to purchase additional paint for him. 4. Remove existing kitchen countertop and wall backsplash. 5. Dispose of old materials off-site (at the time this work was completed, the dumpster had already been removed from site). 6. Purchase countertop, new sink, new faucet and installation of sink/faucet by Master Plumber. 7. Install blue board and countertops. 8. Install fresh air intake system per the homeowner's request (*Note: the price was $475.00, not $600.00 as the homeowner indicated in his complaint). 9. Install smoke and carbon monoxide detectors (per Town specifications and requirements). 10. Extra dumpster charge due to the homeowner allowing a next door neighbor to use the on-site dumpster (this resulted in the dumpster becoming overloaded). After the entire job was complete, the homeowner contacted me two times regarding 'punch list' items he was requesting we complete. The Contractor went out to his house on both occasions and completed his 'punch list' items in a timely manner. At no time did the homeowner express any displeasure with me or the quality of the work completed at his house. He did request and has expressed his concern about obtaining his receipts back. I previously indicated that the receipts are most likely within my tax records containing hundreds of receipts. The homeowner is aware and I will definitely provide him the receipts once located. In closing, I have been self-employed as a Contractor/Builder in the State of Massachusetts for 19 years. I have never had any complaints through the Revdex.com nor have I ever been reported to a local Town or brought to Court. I am a professional, respectable, very fair Contractor that advertises by word of mouth with have nothing but positive feedback from customers and returning customers. I am more than willing to work with the homeowner (as I have in the past) to resolve any issues that were within the scope of the Contract and agreed upon 'extras'. Thank you.Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)I have been reluctant to return the contractor's phone calls in recent weeks due to the fact that my most recent conversation with him was met with a lot of hostility on his behalf. He has never made any mention of wanting to resolve any of my problems until now. Since his last response I have made multiple attempts to contact the contractor. None of my calls were ever returned. The contractor was always made aware of any concern I have had regarding work done to the house. As I have stated previously, I tried several times to resolve this matter in other ways. I still feel this way. The contractor has never at any time tried to schedule a time to complete work done in the kitchen. Since my last response two (2) of the three (3) smoke/CO detectors have been giving constant false alarms and were determined to be defective units. As I had stated previously, a neighbor was never given permission to use the dumpster provided by the contractor. Also as I have stated previously, I have a receipt for work done to the gutters, and the receipts in question were requested by the contractor to cover a left over balance in the contingency fund.Thank you againFinal Business Response The Homeowner and the Contractor have spoken, met, and the Contractor has completed the wall plastering under the kitchen cabinets and replaced the defected smoke/co alarms to the Homeowner's approval. The Contractor wrote the Homeowner a check for $475.00 on 1/8/14 to reimburse him for the fresh air intake system, as a customer service. The check was cashed by the Homeowner on 1/10/14. In good faith, the Contractor has made every attempt to appease the Homeowner. The contracted job through the Bank and the Contractor/Homeowner agreement for side work are satisfied and the job is complete. Thank you.