Design 2 Build

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.Mr*** did not offer any resolution, and in fact is requesting additional money despite now admitting to not being a licensed contractor in the state of California. Similar to all my dealings with Mr***, he offers only further excuses while woefully misconstruing the facts. Mr. *** has stopped responding to my calls, txts and emails, and has therefore abandoned this project despite the fact that most of the money has now been paid to him and there still remains contracted work outstanding. Mr*** begins by stating that I addressed the complaint against him directly, not to his business "Design2Build OC." He proceeds to claim that there are numerous persons employed by Design2Build and he is but one of many employees. He further alleges that I have committed "slander." My complaint was against Mr*** doing business as (DBA) Design2BuildOC. Mr*** is the sole owner of the company. Further, no statements that I made were with intentional malice. In fact I have emails and pictures to support each and every one of my claims. Furthermore, Mr*** now admits to not being a licensed contractor despite having contracted to complete more than $60,in renovations to my home. He further claims that his lack of licensing was made clear to me in the beginning. I have emails and texts in which he states that he is in fact licensed. He further stated (despite having admitted to remodeling and renovating my kitchen and bathrooms) that any electrician or plumber that he brought into my house to do such work was neither licensed nor needed to be because they were working under his license. Nonetheless, Mr*** now states that he is not licensed, despite having a company that contracts for extensive home renovations and remodeling. California Business and Professions Code Sec prohibits contracting without a license. Furthermore, it is a misdemeanor for any person to engage in business or act in the capacity of a contractor within California without having a prior license. Additionally, California Business & professions code sec prohibits any contractor from fraudulently using another contractor's valid license. Therefore, even taking Mr***'s claims to be true, it is clear that he is nonetheless acting in the capacity of a contractor by contracting for tens of thousands of dollars in renovations that neither he nor is company are qualified to complete. Mr*** states in defense of his work that 95% of the work was completed, including the master bathroom for which he was paid $12,000.00. He further discusses the issues regarding the master shower. Mr*** contracted to install a Jacuzzi tub ($for the tub and $for the tile surround of the tub and shower) with a duel head spa shower ($with a shower head on each side of the shower). Nonetheless he incorrectly installed the tub, shower and shower door so that when the shower would be used, water would pool around the tub flooding the bathroom and leaking though to the kitchen lights below. Clearly this was a structural error that would not have been made by a licensed and knowledgeable contractor. Mr*** wanted to repair this error by installing additional drains in the tile surrounding the tub. He is correct in stating that I declined this fix. What he fails to state is not only did numerous licensed contractors and plumbers advise that this would not be an effective repair, his own (non-licensed) plumber advised that this "fix" would not work. The handyman Mr*** sent over to fix the tub issues stated that the tub itself was incorrect for having a shower combo set up. The only way to prevent flooding would be to build the tile walls above the tub. Furthermore, Mr*** is correct in stating that I was away for the month of June. However he neglects to state that all work specified in the contract was to be completed by April 25, 2015, more than one month before I left the state. Additionally, while he did send someone over shortly after I returned to start the work, he erroneously states that the work was timely completed. I did leave for the weekend, but when I returned Mr*** was unable to continue the work as he did not have the proper materials. In part, he neglected to order the tile necessary tiles to complete the job. Further, once the tile was ordered and delivered, he did not have anyone available to continue the work. During this time he had two giant glass panels taking residence in my bathroom. I attempted to contact Mr*** daily for several weeks to have the work continued and the heavy glass installed ($frameless shower door). The work was not completed in a week and a half as so stated by Mr***. It was in fact almost a month before the work to the tub was completed. Of note, once the shower door was finally installed (for the second time as the first one was chipped) I noted that the glass was cracked. Mr*** has been advised of this defect. Despite having sent him pictures and emails, he has failed to respond to dateHaving paid $for the shower door, fractured glass is unacceptable. In addition, while Mr*** denies any egregious overcharges, as herein stated, I was charged $for a duel head shower. What he installed was instead a single regular shower head with a $moen attachment added. Clearly this not what I paid for. This is just one of many similar overcharges as originally referenced. Mr*** also mentions the patio for which he was paid $to resurface. Once again, I was mislead about his company's ability to construct such a patio. The work his company did was unacceptable to say the least. He admits that the work done was an "issue" and states that he was willing to refund the $3600.00. However, he fails to state that what he had done to the patio had to be removed at a cost of over $(which he initially said he'd pay for). Thus just refunding the money actually paid is an insufficient remedy. I recently had to pay another company an additional $to repair the patio. Furthermore, Mr*** was also contracted to lay down sod in the area from which the concrete was removed. Again, this is work for which he was paid but never did. No sod or any kind of ground covering was ever laid. I now need to contract with another company to do what Mr*** has already been paid to do. To date, despite his promises, Mr*** has yet to refund any money despite his claims. Mr*** claims that he has not received proof of the over charges. I have in fact sent him prices of similar products he installed in my home at a fraction of the cost of what he charged me (eg $for an $toilet) Moreover, when Mr*** states that 95% of the work was completed, that is simply untrue. I was charged and paid $for demolition and removal of debris material which I had to remove myself; $for a $bathroom vanity which he had me pick up and pay for; $for a bathroom backsplash never installed; $for the installation of a bathroom exhaust which was never installed, etc ). There is over $20,of work charged and paid for that was either never completed, over billed for what I actually received, or that needed to be redone. Mr. *** contends that he is still owed money. This cannot be further from the truth. Mr***, since he is not operating with the requisite license is not entitled to sue or be compensated for any of the work for which a license was required (see CBPPC sec 7031). Accordingly, as it is now clear that Mr*** is not licensed, I request that he reimburse me for the work outstanding (despite the fact that according to the law I am actually entitled to a complete refund for the contracted work see CBPC 7031(a).). Mr*** should not be allowed to enter into any further contracts for any or remodeling. He is not licensed, does not use licensed professionals, and is potentially causing grave danger by altering the structure, electrical sytems and plumbing in people's homes. Pursuant to the code, Tim ***'s actions constitute at best a misdemeanor.
Regards,
*** ***

To whom it may concern,
This is in response to the complaint filed against me on 8/11/by [redacted] ***There are many errors and issues with this complaint that I would like to address.
First, the most important issue that needs to addressed is that [redacted] is placing a complaint against myself as an individual and not to the company she hiredIt is clear that [redacted] has a major problem with me personallyHowever, regardless of how she may feel about an me, she cannot separate me from the company and slander my name like thisI am the lead residential and commercial designer for the companyThe company has many people working for themSo for her to go after me personally and claim me as the company is completely unreasonable and unnecessary.
She also states that I represented myself as a licensed contractorThis is absolutely not true and has never been statedThere needs to be a major separation from myself and the companyMany times during our first meeting and throughout the process I have explained to her my position and title.
She hired the company to renovate her home (which was not minor in nature as she described)The renovation included full complete bathroom renovations and one half bath, full kitchen renovation, complete interior painting, all new interior doors, new windows, patio cover, backyard work, and much moreThe work had been 95% completed with the exception of issues with the backyard concrete workShe also had an issue with the master showerShe brought the issue up the weekend she was leaving town for a monthBefore she left, we discussed it and came to an agreement for how to resolve the issueWhen she returned, one of our guys showed up a day later to correct the issue as agreedAt that time she changed her mind about the approach and wanted it done with a different methodWe said ok and came back the next day to start workThe next day [redacted] left again for several days again and we came back the following weekWithin a week and half the issue was completely resolvedThis complaint had been filed during the time the issue was being worked on.
[redacted] also made some claims of egregious overchargesAlthough every detail of the contract was gone through in detail prior to the start of work and each page initialed, signed, and agreed upon, we still entertained her idea of how she felt there were overchargesShe then sent us a copy of the agreement with a completely undervalued hand written notes stating how much she thought each item should beWe then sent her a few emails with images from the places of purchase showing the actual cost of the items and explained to her about the installation cost and rough material needed for the installationShe refused to accept this and kept stating that the company overcharged herWe asked her to send proof of where she is getting these undervalued costs from and still have not received any actual costs other than her hand written notes to what she thinks each item should cost.
On a final note, The total contract price was $56,The total change orders (which have been completed) are $4,for a total of $60,to date she has only paid $53,leaving a balance of $7,We had an issue with the work done on the backyard concrete by the sub-contractor and told her we would discount her the full amount of $3,which what was chargedThere were a few other deductions we told her we would provide and didAll of the deductions totaled $4,490, which leaves a remaining balance of $2,which is still due

To whom it may concern,This is in response to the complaint filed against me on 8/11/15 by [redacted]. There are many errors and issues with this complaint that I would like to address. First, the most important issue that needs to addressed is that [redacted] is placing a complaint against myself...

as an individual and not to the company she hired. It is clear that [redacted] has a major problem with me personally. However, regardless of how she may feel about an me, she cannot separate me from the company and slander my name like this. I am the lead residential and commercial designer for the company. The company has many people working for them. So for her to go after me personally and claim me as the company is completely unreasonable and unnecessary. She also states that I represented myself as a licensed contractor. This is absolutely not true and has never been stated. There needs to be a major separation from myself and the company. Many times during our first meeting and throughout the process I have explained to her my position and title. She hired the company to renovate her home (which was not minor in nature as she described). The renovation included 2 full complete bathroom renovations and one half bath, full kitchen renovation, complete interior painting, all new interior doors, new windows, patio cover, backyard work, and much more. The work had been 95% completed with the exception of issues with the backyard concrete work. She also had an issue with the master shower. She brought the issue up the weekend she was leaving town for a month. Before she left, we discussed it and came to an agreement for how to resolve the issue. When she returned, one of our guys showed up a day later to correct the issue as agreed. At that time she changed her mind about the approach and wanted it done with a different method. We said ok and came back the next day to start work. The next day [redacted] left again for several days again and we came back the following week. Within a week and half the issue was completely resolved. This complaint had been filed during the time the issue was being worked on. [redacted] also made some claims of egregious overcharges. Although every detail of the contract was gone through in detail prior to the start of work and each page initialed, signed, and agreed upon, we still entertained her idea of how she felt there were overcharges. She then sent us a copy of the agreement with a completely undervalued hand written notes stating how much she thought each item should be. We then sent her a few emails with images from the places of purchase showing the actual cost of the items and explained to her about the installation cost and rough material needed for the installation. She refused to accept this and kept stating that the company overcharged her. We asked her to send proof of where she is getting these undervalued costs from and still have not received any actual costs other than her hand written notes to what she thinks each item should cost. On a final note, The total contract price was $56,445. The total change orders (which have been completed) are $4,454 for a total of $60,899. to date she has only paid $53,000 leaving a balance of $7,899. We had an issue with the work done on the backyard concrete by the sub-contractor and told her we would discount her the full amount of $3,600 which what was charged. There were a few other deductions we told her we would provide and did. All of the deductions totaled $4,490, which leaves a remaining balance of $2,959 which is still due.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Mr. [redacted] did not offer any resolution, and in fact  is requesting additional money despite now admitting to not being a licensed contractor in the state of California.  Similar to all my dealings with Mr. [redacted], he offers only further excuses while woefully misconstruing the facts.  Mr.  [redacted] has stopped responding to my calls, txts and emails, and has therefore abandoned this project despite the fact that most of the money has now been paid to him and there still remains contracted work outstanding. 
Mr. [redacted] begins by stating that I addressed the complaint against him directly, not to his business "Design2Build OC."  He proceeds to claim that there are numerous persons employed by Design2Build and he is but one of many employees.  He further alleges that I have committed "slander."  My complaint was against Mr. [redacted] doing business as (DBA) Design2BuildOC.  Mr. [redacted] is the sole owner of the company.  Further, no statements that I made were with intentional malice.  In fact I have emails and pictures to support each and every one of my claims.  Furthermore, Mr. [redacted] now admits to not being a licensed contractor despite having contracted to complete more than $60,000.00 in renovations to my home.  He further claims that his lack of licensing was made clear to me in the beginning.  I have emails and texts in which he states that he is in fact licensed.  He further stated (despite having admitted to remodeling and renovating my kitchen and bathrooms) that any electrician or plumber that he brought into my house to do such work was neither licensed nor needed to be because they were working under his license.  Nonetheless, Mr. [redacted] now states that he is not licensed, despite having a company that contracts for extensive home renovations and remodeling.  California Business and Professions Code Sec 7021 prohibits contracting without a license.  Furthermore, it is a misdemeanor for any person to engage in business or act in the capacity of a contractor within California without having a prior license.  Additionally, California Business & professions code sec 7027.3 prohibits any contractor from fraudulently using another contractor's valid license.  Therefore, even taking Mr. [redacted]'s claims to be true, it is clear that he is nonetheless acting in the capacity of a contractor by contracting for tens of thousands of dollars in renovations that neither he nor is company are qualified to complete. 
Mr. [redacted] states in defense of his work that 95% of the work was completed, including the master bathroom for which he was paid $12,000.00.  He further discusses the issues regarding the master shower.  Mr. [redacted] contracted to install a Jacuzzi tub ($975 for the tub and $3880 for the tile surround of the tub and shower) with a duel head spa shower ($1650.00 with a shower head on each side of the shower).  Nonetheless he incorrectly installed the tub, shower and shower door so that when the shower would be used, water would pool around the tub flooding the bathroom and leaking though to the kitchen lights below.  Clearly this was a structural error that would not have been made by a licensed and knowledgeable contractor.  Mr. [redacted] wanted to repair this error by installing additional drains in the tile surrounding the tub.  He is correct in stating that I declined this fix.  What he fails to state is not only did numerous licensed contractors and plumbers advise that this would not be an effective repair, his own (non-licensed) plumber advised that this "fix" would not work.  The handyman Mr. [redacted] sent over to fix the tub issues stated that the tub itself was incorrect for having a shower combo set up.  The only way to prevent flooding would be to build the tile walls above the tub.  Furthermore, Mr. [redacted] is correct in stating that I was away for the month of June.  However he neglects to state that all work specified in the contract was to be completed by April 25, 2015, more than one month before I left the state.  Additionally, while he did send someone over shortly after I returned to start the work, he erroneously states that the work was timely completed.  I did leave for the weekend, but when I returned Mr. [redacted] was unable to continue the work as he did not have the proper materials.  In part, he neglected to order the tile necessary tiles to complete the job.  Further, once the tile was ordered and delivered, he did not have anyone available to continue the work.  During this time he had two giant glass panels taking residence in my bathroom.  I attempted to contact Mr. [redacted] daily for several weeks to have the work continued and the heavy glass installed ($1200 frameless shower door).  The work was not completed in a week and a half as so stated by Mr. [redacted].  It was in fact almost a month before the work to the tub was completed.  Of note, once the shower door was finally installed (for the second time as the first one was chipped) I noted that the glass was cracked.  Mr. [redacted] has been advised of this defect.  Despite having sent him pictures and emails, he has failed to respond to date. Having paid $1200 for the shower door, fractured glass is unacceptable.   In addition, while Mr. [redacted] denies any egregious overcharges, as  herein stated, I was charged $1650 for a duel head shower.  What he installed was instead  a single regular shower head with a $65 moen attachment added.  Clearly this not what I paid for.  This is just one of many similar overcharges as originally referenced. 
 
Mr. [redacted] also mentions the patio for which he was paid $3600 to resurface.  Once again, I was mislead about his company's ability to construct such a patio.  The work his company did was unacceptable  to say the least.  He admits that the work done was an "issue" and states that he was willing to refund the $3600.00.  However, he fails to state that what he had done to the patio had to be removed at a cost of over $2000.00 (which he initially said he'd pay for).  Thus just refunding the money actually paid is an insufficient remedy.  I recently had to pay another company an additional $4900.00 to repair the patio.  Furthermore, Mr. [redacted] was also contracted to lay down sod in the area from which the concrete was removed.  Again, this is work for which he was paid  but never did.  No sod or any kind of ground covering was ever laid.  I now need to contract with another company to do what Mr. [redacted] has already been paid to do.  To date, despite his promises, Mr. [redacted] has yet to refund any money despite his claims. 
Mr. [redacted] claims that he has not received proof of the over charges.  I have in fact sent him prices of similar products he installed in my home at a fraction of the cost of what he charged me (eg $680 for an $80 toilet) Moreover, when Mr. [redacted] states that 95% of the work was completed, that is simply untrue.  I was charged and paid $3980.00 for demolition and removal of debris material which I had to remove myself; $806 for a $300 bathroom vanity which he had me pick up and pay for; $290 for a bathroom backsplash never installed; $1250 for the installation of a bathroom exhaust which was never installed, etc ).   There is over $20,0000 of work charged and paid for that was either never completed, over billed for what I actually received, or that needed to be redone.  Mr.  [redacted] contends that he is still owed money.  This cannot be further from the truth.  Mr. [redacted], since he is not operating with the requisite license is not entitled to sue or be compensated for any of the work for which a license was required (see CBPPC sec 7031). 
Accordingly, as it is now clear that Mr. [redacted] is not licensed, I request that he reimburse me for the work outstanding (despite the fact that according to the law I am actually entitled to a complete refund for the contracted work see CBPC 7031(a).).  Mr. [redacted] should not be allowed to enter into any further contracts for any or remodeling.  He is not licensed, does not use licensed professionals, and is potentially causing grave danger by altering the structure, electrical sytems and plumbing in people's homes.  Pursuant to the code, Tim [redacted]'s  actions constitute at best a misdemeanor. 
 
Regards,
[redacted]