East Coast Dormers, Inc.

Review: We contracted for a modular house construction. The house was set on our property January [redacted] 2014. The contract stated all work was to be completed in approximately 6 months after the house was set. A punch list was delivered to them on April [redacted] 2014 which was within the timeframe requested. They did not address our punch list with us until September [redacted] 2014. At this meeting we were told (in a recorded conversation which was approved by them) that they would do no work on our punch list until we agreed that they did not have to repair the floors in our house they damaged. Aside from the punch list, there have been numerous problems with the heat, the a/c, the toilet systems, cracked walls etc... that we call them/email them to discuss but they refuse to address any issues with us until we agree that they do not have to repair the floors they damaged. In addition, it has come to our attention that they have filed a mechanics lien against us which states that the contract was completed on July [redacted] 2014. It’s obvious that the contract was not completed as the punch list is still open and in addition, on October [redacted], they were still insulating the house, which makes one wonder how an affidavit in a court filing could be signed by the [redacted] that the contract was fulfilled.

It’s been 9 months since the work started, which is 50% longer than the estimated completion date - they have been hostile in their responses to our punch list, they refuse to address any problems that have arisen with the house (that’s under warranty) and we feel they have not been honest in their dealings with us.Desired Settlement: We want the lien removed because it was filed with an affidavit from the [redacted] that was false. We are contacting our attorneys for other options as filing a false statement with a court is apparently a punishable offense. This lien was placed with our coop has injured our reputation. We also want them to finish our punch list promptly or to walk away from the contract and we will have other contractors finish our house.

Business

Response:

[redacted]

This is in response to the above referenced complaint. [redacted]. (ECD) set the modular house for the [redacted]’s on January **, 2014. Everything was going according to schedule until late March 2014, when the [redacted]’s mentioned they wanted to move into their home even though our work was not complete & they did not have a legal CO. We tried telling them several times that it was not a good idea, it would interfere with our work & also NYC required a CO before moving in. They insisted and finally after weeks of them basically begging we gave up & they moved all their furniture in the first weekend April 2014. As soon as they moved in, they changed their locks & [redacted] advised us that no one form ECD would be allowed in her home unless it was cleared by her & someone was in the home with us at all times. After that, we could not get in touch with them for several months. We tried sending e-mails & making phone calls; we wanted to get back & finish, but we received no response. Finally, approximately end of July 2014 they started communications with us again. From that time we scheduled several dates to go to their home & discuss the punch list & questions, but they post phoned or cancelled the appointments. We also tried setting up appointments to help get the proper inspections so they could obtain their CO, but they ignored filing the proper paperwork & cancelled the necessary electrical inspection a few hours before it was to be done. Todate, they still do not have a legal CO. They owe us $17,128 that was originally due the day of the set (Jan. **.) We have an e-mail from her stating she would pay it with in 10 days, but now 10 months later they are refusing to pay us. After many failed attempts, we have finally met with the [redacted]’s in September 2014. We reviewed and discussed the punch list with them. We have never refused to finish our work. In fact, despite everything, we are currently working on their house addressing any item we can.

All we require is a signed Punch list, which by both parties agree & approve. The [redacted]’s are refusing to sign the punch list. Without an agreed, signed punch list, we have no direction to follow and items will just keep popping up & being added with no end in sight. ECD has been

extremely patient, professional and have never been hostile to the [redacted]’s, it has been the reverse, and they are very hostile to us. Regardless, we want to finish this job.

The [redacted]’s need to provide us with a $17,128.00 bankers check for the amount that is past due & give us a copy of the banker’s check for the final payment owed, as stated in the contract & we will be glad to release the lien. Also, if they sign the final punch list, & are reasonable with the days they allow us in their home, we will be glad to finish up the project. We can’t stress enough of how we would like to complete this project and be done. The only thing holding it up the project is the [redacted]’s.

Thank you.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Their response lacks any veracity.

We lost our house to Super Storm Sandy in October 2012. We have 5 kids and were paying rent without any government support in addition to paying the mortgage on the house we lost. We contracted with ECD because they promised us we would be in the house within 6 weeks after delivery. 6 weeks turned to 8 weeks, to 10 weeks, to 12 weeks and finally they let us move in with the understanding that the punch list still needed to be done. At no time, did ECD ever tell us that we could not move in without a CO. I am 100% confident ECD cannot produce anything about the CO as this is all fabricated by them. This is a common tactic they use to deflect talking about the real issues. We've seen this from them for the past year.

They were given a punch list on April ** 2014 which completely contradicts there statement that they did not hear from us until July 2014. We followed up on the punch list with phone calls and emails and we were told we had to wait while they did other work. They made many appointments with us between April 2014 and September 2014 for inspections, to finish original work from the contract that was not done, punch list items etc...but most of the time they just never showed up without any notification. Finally in late September 2014 we had a meeting for the punch list. This meeting was recorded by us, with their permission, because they have a history of making promises that they never keep. In that punch list meeting, which occurred 5 months after the punch list was delivered, they told us in no uncertain terms that they will not address ANY ITEMS on our punch list until we agreed that they did not have to repair the damage they did to our floors. They admit they caused this damage on the recording and they have not refuted this in their repsonse. For them to say they have never refused to do work, when I have a recording of the [redacted], steadfastly and clearly telling us he will not do any work on our house until we agree that they do not have to repair the floors they damaged, contradicts their response to our complaint that they never refused to do the work. They just make it up as they go along in spite of tangible evidence looking them in the face.

They say all they require is a signed punch list. We gave them a signed punch list in April 2014. We met in September 2014 to discuss the list. They refused to do the work until we agreed that they did not have to repair the floors they damaged. This completely contradicts there statement that all they need from us is a signed punch list, they have had it for 7 months now.

Now in their response to our complaint they bring up money. The first thing they mention is the money is past due. This is a false statement. No money is past due. We do owe them the money ONCE THE WORK IS FINISHED. But the entire basis of our complaint is the work is not finished. As far as money, we contracted with them for many additions that they charged us for. We sent them many emails that they owe us over a thousand dollars in credits for items that were not delivered but were in the contract. They have never responded to us for this updated pricing reflecting the credits they owe us.

They mention we are hostile and that we changed the locks on our doors. I am not sure that we have to justify why we changed the locks on OUR HOUSE, but, since it has been brought up, we changed the locks because we heard the [redacted]s son was arrested for assaulting a co-worker with a hammer while working in our community. With 5 kids, it is our responsibility to keep them safe.

We have been anything but hostile. The [redacted] refuses to do our punch list until we agree they do not have to repair the damage they did to our floors. ECD filed a lien with an affidavit from the [redacted] that is completely false. We have had issues with our heating system, all our toilets have some malady, we have windows that do not open, there are cracks all over the walls and ceiling throughout the house and now winter is approaching and we just expect the worst because that's what we've gotten so far.

So no, my complaint has not been resolved.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

We have read the complaint from the [redacted]'s. As far as we can see, they filed a complaint with you because they say we refuse to work at their home & complete their punch list. This is un-true because our men have been working at their home the past 2 weeks & our manufacturer is there as we speak, 11/*/2014 doing some warrantee work. This is bogus complaint, with no substance & just a lot of words. We have done nothing wrong. It is our opinion they have run out of money & instead of asking us to work with them, they instead are trying to get out of paying us. Here is our FINAL response:

We empathize with the [redacted]’s past situation. We have many clients that were victims of Hurricane Sandy. It is terrible, BUT the [redacted]’s are living comfortably in their home since April 2014. In their original complaint they said ECD told them they would be in their house within 6 months, now in their 2nd response they are saying ECD told them they would be back in their home within 6 weeks? Which is it, 6 months or 6 weeks?? The fact is we set their home on Jan. **, 2014 & they moved in the first week of April, 2014, which is aprox. 8 weeks! That’s pretty darn amazing; ECD set & basically finished an entire home (other than punch list) within 8 weeks time, their home is beautiful! What’s the problem?

They do have a past due amount of $17,128.00. Attached please find an e-mail of which [redacted] tells us she will have payment for us within a week to 10 days. They have paid partially, but this is the outstanding balance. This was an unforeseen extra for foundation required by NYC & FEMA and according to our contract all extra work orders must be paid in full before the work is done. We trusted her when she told us she needed more time & would pay us within 10 days. The work has been completed since mid Jan. 2014, this is not fair to us and we deserve to be paid for our work. They will still have a final outstanding balance of $ 11,375.00, for punch list, of which is plenty, if any credits are due them.

We have searched our files for the signed punch list the [redacted]’s say they have, but cannot seem to find it and we don’t recall signing it. We ask that the [redacted]’s forward a copy of this so we may get started and complete the final few items. All we are looking for is to be paid for the work we did. We offered a solution in our last answer & will offer it one more time.

1. Send ECD a bank check in the amount of $ 17,128.00 for the past due amount & send us a copy of the bank check for $ 11,375.00 for the final payment (as stated in the contract) and we will release the lien. It's that simple.

2. Send us a copy of the signed punch list from April or ANY signed punch list that we agree on and we will be glad to complete the list. How can we complete a punch list without the list??? It's that simple. ECD WANTS TO COMPLETE THIS JOB AS SOON AS POSSIBLE AND HAS DEMONSTRATED THE FACT TIME AND TIME AGAIN.

[redacted]LASTLY, the [redacted]’s son has NEVER assaulted anyone with a hammer, including any co-worker or has ever been arrested for doing so. This is an outright LIE & is considered SLANDER! It is one thing to tell un-truths & try to ruin a company’s reputation, BUT it another thing & totally unacceptable to bring in & make un-true statements about innocent people, who have nothing to do with them. The [redacted]’s need to retract their statement. Shame on them!

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

There

is a common theme in all East Cast Dormer responses and that is they are all of

questionable veracity.

There

was a Sept [redacted] meeting about the punch list. That meeting was recorded

by both parties. In that meeting the following items were discussed:

1) The punch

list, which all participants had in their hands at the recorded meeting,

was discussed at that meeting line item by line item. But East Coast Dormer in

their response say they “cannot seem to find it” and yet we have a recorded

conversation of them reviewing the punch list with us.

2) They

speak about us owing them $17,128 for the foundation. At the Sept [redacted] recorded meeting this $17,128 was discussed. We have a signed statement,

from their representative, that states we owe them the $17,128 upon completion

of the punch list. We also provided them with a copy of that statement at the

meeting because they “cannot

seem to find it”. This entire conversation is recorded.

Now in their complaint they pull up an old email which predates signed

statement by their representative. They refuse to be truthful in their

responses.

3) They say

“ECD

WANTS TO COMPLETE THIS JOB AS SOON AS POSSIBLE AND HAS DEMONSTRATED THE FACT

TIME AND TIME AGAIN. “ This is untruthful as well. Our complaint

filed with the Revdex.com is that they refuse to do any work on the punch list until

we agree that they do not have to repair the floors they damaged. Not once in

any of their reponses to our complaint do they address this fact. We have a recorded

conversation from the punch list meeting where the [redacted] states unequivocally that

EAST COAST DORMER WILL PERFORM NO WORK ON THE PUNCH LIST UNLESS WE AGREE

THAT THEY DO NOT HAVE TO REPAIR THE FLOORS THEY DAMAGED. This is a fact

that they have not addressed in any of their responses.

4) They say

that East Cast Dormer had their men working at our home the last two weeks.

Another untruthful statement. East Cast Dormer had another company come to

spray the foam insulation on the bottom of our house two weeks ago, which was

required by the building code. This work in itself supports our claim that the

contract was not completed and the mechanics lien was filed with a false

affidavit. That affidavit filed with Queens County stated the work on the house

was finished in July yet they still are doing work in October.

5) They say

they had someone from the manufacturer here on Nov [redacted] working on

warrantee work. This is partially true. They called us on November [redacted] at 3pm telling us we had to be home the next morning because the factory guy

was coming. Not a lot of notice when you have jobs and other life items going

on. The factory man replaced a door as the original door was not what we

ordered. He tried to fix our bathroom sink surface but the chips in the sink

look no different than they did before he “fixed” it. He could not fix our

toilet and sink that do not drain. So in one day they replaced our door. On this day a representative of East Coast

Dormer did change batteries in the fireplace that was not working and still does

not function properly.

6) They say

we have no money and that our complaint is bogus. This is not about money. This

is about a contract. We owe them no money according to our contract. They have

failed to perform the contract to its completion. In effect, at this moment they

have breached the contract. We have a recorded conversation where all

these items are discussed yet they never address any of them in their

responses.

7) Regarding

the statement about their son, that was not meant to be included in our last

statement so we do retract it.

In

summary, no amounts are past due. They refuse to work on our punch list until

we agree that they do not have to repair the floors they damaged and they

attempt to embarrass us by saying we have run out of money. Once again, which we have stated consistently

throughout this process, there is a recorded conversation where every fact is

addressed but they refuse to acknowledge this.

Their responses refuse to address our complaint, they refuse to

acknowledge the recorded meeting about the punch list, they refuse to repair

our floors, they filed the lien with a false affidavit and the lien was only

meant to bully us.

Additionally,

their attachment included an email from me in which my personal information was

not redacted. This is a breach of

privacy and should be rectified immediately.

No,

our complaint has not been resolved or addressed.

Sincerely,