Foley Builders

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 Our original complaint remains intactThe complaint was simply a lack of communicationI guess I should have specifically said verbal communicationThe fact remains that the information between the on-site manager and us, then the on-site manager to the main office was in questionBecause of this, we requested face to face conversations with the on-site manager and [redacted] ***The on-site manager told us that there was no reason this couldn't happenAs far as we are concerned, money isn't the issueThe reason for the Better Business complaint is simply so anyone else dealing with Foley Builders is aware they should specifically ask for face to face meetings upfront and not rely on e-mail communicationsIt is impossible to have acceptable communication when you can't have a discussion Regards, [redacted]

The entire dispute started when upon installation of a contracted bay window, the client expressed some concerns that she didn't like the way it looked; so my project manager contacted me and I approved his request to return the bay window and order separate windows that they were requestingThat evening my manager called to let me know that the customer decided to keep the bay window but wanted us to build shelving for books under the window instead of returning itI approved his request to install the shelvingUpon completion of the remodel, the project manager did a final walk through with the customerThe customer signed off on the entire project but refused to pay for change orders that they asked for in writing to be completed by our crew, the plumbing sub-contractor and the electrical contractorThey discussed all of the changes with the project manager before the work was done and were aware and in agreement they would be charged time and materials for all the changes to the original contractThey also demanded that we pay $to have custom blinds installed on the bay window Our project manager was in touch with the [redacted] at all times throughout this dispute; however the client demanded the original salesman that sold the job come to pick up the check in personWe had explained several times that he no longer worked for Foley Builders and the project manager was the only one that would be meeting with themThey refused once again to pay the final invoice until the original salesman came out to meet with themI remained in touch by email upon the advice from my attorneys to get a record of everything that was communicatedIn order to resolve the dispute, I sent a letter dropping our invoice amount by approximately 2,and stated in the letter that upon full payment of the new invoice amount we would uphold our Limited Warranty on the projectWe received a check for approximately $1,less than what the invoice was for stating that they didn't sign a change order so they didn't have to pay for any of the changesWe sent all the information on the project to our attorneys for reviewWe then received an email from the client stating that one of the fascia pieces was looseThe project manager immediately responded and fixed the fascia with hours of the emailOur project manager has always responded to every request no matter how frivolous throughout this project and we have been in touch with this client every step of the wayAt this time there should be no reason for the client to contact us since we accepted the partial final payment and closed the job out [redacted] ***, President

In that initial complaint the [redacted] stated there was a dispute over the final invoice and that her complaint was I quote “Our complaint is that there is NO acceptable communication” I responded by email, stating our project manager was onsite throughout the entire project and had been in communication the entire time We have a years’ worth of emails and texts showing continued communication throughout the projectThe [redacted] demanded that [redacted] the person that negotiated the contract meet with them; however, he had no longer worked at Foley Builders [redacted] had explained several times that [redacted] no longer worked for the company and that he was the project manager not *** I also explained in the response that we completed the contract as it was written by conducting the final walk through with the customers and getting the final punch list signed off by the clientI explained that the only items that were in question at that time were a bay window that the clients claimed was not installed per the contract and that they refused to pay for the change orders they requestedThe other complaint stated there was an issue with an aluminum fascia being loose I explained that [redacted] had gone out and repaired the fascia that was in question as wellWhich he had done within hours of the requestSo, after receiving the check from the [redacted] on June 11, with what they felt was an acceptable payment in order to close out the contract, I reluctantly accepted the payment and closed the accountIn the second complaint the [redacted] claimed an issue with the following: $Design Fee Bay Window Change Orders ? First, the design feeI have attached the Design Service Agreement (Attachment B) signed by the [redacted] on December 7th when we started the first design proposalIn the agreement it states that “Additional design revisions requested by the owner will be billed on an hourly basis)Attached is the email and copy of the check (Attachment C), which clearly states the $was for the work on the designs and multiple proposals, which consisted of proposals and over hours of workThis should resolve the [redacted] position that it was to be used as down payment for the construction Second, the bay windowAfter doing revision #we received the attached email (Attachment D) stating they will be going with proposal number which they attached to the emailI am also attaching the contract proposal #cover sheet (Attachment E), signed by the [redacted] , where it states to install a vinyl double pane bay window, not three separate windows and a separate window seat It was to be a vinyl bay window capable of seatingWhich it is and has wire reinforcing to handle such weightMrs [redacted] is also incorrect when stating that our construction manager questioned why we installed the bay window and that we always put in three separate windows for a window seatThe construction manager installs what he sees on the contract proposal; this way there isn’t any reason for he said, she saidAs stated in the last complaint Mrs [redacted] says that she asked “what her alternatives were?” after the crew installed the bay windowWhich prompted [redacted] to call me; and as I stated prior, I gave her the alternative to replace the bay window with three separate windows After giving Mrs [redacted] her option which was, “we can remove it and install three separate windows.” She decided to accept it and sked that we customize it with a book shelf and fancier wood workShe also asked in her second complaint “why would she agree not to have it changed”We have attached the email of a punch list that was sent December (Attachment F) which states whyIn it she writes that she decided to live with the window because she felt we were too close to the holidays to get it changed in timeThis shows he had offered to take it out and she declinedWe also have a final punch list written by Mrs [redacted] giving instruction to finish the trim on the bay windowThis should be sufficient enough proof that we fulfilled our responsibilities within the contract and went over and above to please the client Third is the Change OrdersWe have pages of hand written to do lists by the [redacted] , including their hand written and signed final punch list showing extras to be completed before final payment was to be issuedMy attorney states these constitute a legal change order in which they are responsible forHowever, in order to satisfy the ***, and in direct opposition of the evidence above I decided to take the loss and go ahead and reduce the invoice amount by approximately $in order to put this behind us and prevent something like what we are going through nowWe sent a letter showing the deducted amount on June (Attachment G) We are not looking for any more payments and have already accepted their final payment and closed this fileWe have bent over backwards to make this client happy and we have written proof to back up all our statementsThese attachments are only a small amount of emails and written statements we have to prove our caseRegards, [redacted] ***, President