Hawking Construction

Business states they offered the consumer a partial refund, but consumer rejected the offer.? As for upgrading to a larger unit, business never said would not installConsumer wanted to keep going into detailed engineering plansBusiness explained that was not part of the contract and he could get the plans elsewhere, and then they would discuss larger unitInstead, consumer filed complaints with AG and Revdex.comBusiness is willing to discuss providing an estimate for upgrading the unit

Complaint: ***
I am rejecting this response because: Let me clarify. The HVAC system has not worked properly from day one It is not able to cool the house appropriately On multiple occasions the HVAC unit runs constantly just to maintain the temperature at degrees. For example, on it took hours to cool the house degrees from to 74FThe unit is unable to cool the house to degrees on an average summer day. The HVAC unit does runIt is wishful thinking to believe that it has never stopped working because it has never worked properly to begin with Despite Bryan’s claims of excellent customer service, he has been slow and has delayed fixing my HVAC system from the beginning. He has not been cooperative. In fact, it took him over months to start his attempt at fixing the system with recirculation fans, which were installed on 8.15.2016. These did not help. On Bryan promised to install a larger unit “in the next few weeks”. No work was done on the HVAC system until when the return air flow ducts were widened, however the problem persisted in June Additionally, prior to the widening of the return air on 10.12.2016, Bryan tried to absolve himself of the warranty by paying us $4,000. The accusation that unqualified persons have tried to fix my HVAC system is a complete fallacy. I have however enlisted the help of reputable HVAC specialists to correctly diagnose a fix, but Bryan and his representatives are the only ones who have performed any work at all. This fix will cost 7,+ tax and is guaranteed for one year after installationSubstandard work by Bodhi Tree Builders is supported by the fact that a permit for the HVAC system was obtained, but was never inspected. Please see supporting documentation. This is in direct violation of the New Mexico Construction Industries Division. On Bryan’s response to an attempt at dispute resolution provided through the State Attorney Generals office was “He is not willing to do anything other than what he is legally bound to doThat being stated, if you cannot reach a resolution, your other recourse could be small claims courtTo get legal advice, you may consider contacting the New Mexico State Bar.”I did not see this as a veiled threat. It is explicit. At this time we chose to seek legal counsel. On I offered Bryan this resolution:Bryan,We have received plans to repair our HVAC system from a reputable company. This estimate is for + tax We have not received your plan to fix our HVAC other than saying the unit is too small to be "effective at cooling your place." Additionally, the State of New Mexico Attorney General Office sent us this email:Hello ***,I have been in communication with Bryan. He is not willing to do anything other than what he is legally bound to doThat being stated, if you cannot reach a resolution, your other recourse could be small claims courtTo get legal advice, you may consider contacting the New Mexico State Bar.At this time, your complaint is closed with the Office of the Attorney General.In addition to our HVAC not working properly, the City of Albuquerque does not have a record of an inspection for our HVAC system despite the fact that Bhodi Tree Builders pulled a permit for its construction. This is in direct violation to the Board of Construction.We are willing to absolve you of your responsibility to fix our HVAC system under the condition that you provide compensation to have the work done by a third party of our choosing. We might consider an amount less than that listed above to avoid legal expenses. We want to resolve this issue outside of the courts, however, if we cannot reach an agreement we are prepared to file a lawsuit for the above amount through small claims court. We need to hear from you by 8/11/at 12PM before we start this process.*** This offer still stands
Regards,
*** ***[To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason the complaint will be closed Answered]

After many years in business, every contractor is bound to have a customer like this, whether they do good work or not The customer focuses solely on their grievances and bolsters their grievances with information found on the internet They may or may not have a legitimate complaint,
but after a while rage takes over their being and they can see nothing but what they don't like.I have worked with this customer from the beginning and for a whole year to bring resolution to an issue I have never stopped working on the issue In the end the customer increased his demands to where I simply decided to let the customer make the decisions and plans and then we would proceed Instead of proceeding the customer chose to register a complaint and threaten to sue He sees threats where there are none, lack of cooperation where there is some, and fault and blame despite thorough effort and follow through.Beyond this, there is reason to believe the customer had unqualified persons work on his unit after I had finished, and may want to pass on damage they might have caused to my company.To respond to his accusations: The HVAC system worked from the start, and has never stopped working His claim is only that it is undersized, not that it is not working And the warranty I gave was for labor for repair of equipment only Since the equipment is not broken, their is no labor needed to repair Despite the lack of warranty for his claim, I have worked with him countless hours at great expense to myself to improve upon his system

Attached is the invoice showing the work was paid in full It also shows the warranty Please post my response as it details the inaccuracies to Bryan's statements and my help us reach an acceptable settlement. If I can provide anything further please let me know. Thank you

Complaint: ***
I am rejecting this response because:I am willing to accept a partial refund in the amount of $5000.This amount will help defer the cost of fixing our HVAC system, which totals 7,+ tax, in addition to the ~$we have acquired in costs related to identifying the cause and prescribing an adequate fix for our HVAC system. After receipt of this compensation we will:absolve Bodhi Tree Builders of their warranty2. absolve Bodhi Tree Builders of their responsibility to get our HVAC system inspected by the proper authorities (the company being hired to fix our HVAC system will obtain a new permit and get it inspected)
Regards,
*** ***[To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason the complaint will be closed Answered]

Business states they offered the consumer a partial refund, but consumer rejected the offer. As for upgrading to a larger unit, business never said would not installConsumer wanted to keep going into detailed engineering plansBusiness explained that was not part of the contract and he could get the plans elsewhere, and then they would discuss larger unitInstead, consumer filed complaints with AG and Revdex.comBusiness is willing to discuss providing an estimate for upgrading the unit

Complaint: ***
I am rejecting this response because: Let me clarify. The HVAC system has not worked properly from day one It is not able to cool the house appropriately On multiple occasions the HVAC unit runs constantly just to maintain the temperature at degrees. For example, on it took hours to cool the house degrees from to 74FThe unit is unable to cool the house to degrees on an average summer day. The HVAC unit does runIt is wishful thinking to believe that it has never stopped working because it has never worked properly to begin with Despite Bryan’s claims of excellent customer service, he has been slow and has delayed fixing my HVAC system from the beginning. He has not been cooperative. In fact, it took him over months to start his attempt at fixing the system with recirculation fans, which were installed on 8.15.2016. These did not help. On Bryan promised to install a larger unit “in the next few weeks”. No work was done on the HVAC system until when the return air flow ducts were widened, however the problem persisted in June Additionally, prior to the widening of the return air on 10.12.2016, Bryan tried to absolve himself of the warranty by paying us $4,000. The accusation that unqualified persons have tried to fix my HVAC system is a complete fallacy. I have however enlisted the help of reputable HVAC specialists to correctly diagnose a fix, but Bryan and his representatives are the only ones who have performed any work at all. This fix will cost 7,+ tax and is guaranteed for one year after installationSubstandard work by Bodhi Tree Builders is supported by the fact that a permit for the HVAC system was obtained, but was never inspected. Please see supporting documentation. This is in direct violation of the New Mexico Construction Industries Division. On Bryan’s response to an attempt at dispute resolution provided through the State Attorney Generals office was “He is not willing to do anything other than what he is legally bound to doThat being stated, if you cannot reach a resolution, your other recourse could be small claims courtTo get legal advice, you may consider contacting the New Mexico State Bar.”I did not see this as a veiled threat. It is explicit. At this time we chose to seek legal counsel. On I offered Bryan this resolution:Bryan,We have received plans to repair our HVAC system from a reputable company. This estimate is for + tax We have not received your plan to fix our HVAC other than saying the unit is too small to be "effective at cooling your place." Additionally, the State of New Mexico Attorney General Office sent us this email:Hello ***,I have been in communication with Bryan. He is not willing to do anything other than what he is legally bound to doThat being stated, if you cannot reach a resolution, your other recourse could be small claims courtTo get legal advice, you may consider contacting the New Mexico State Bar.At this time, your complaint is closed with the Office of the Attorney General.In addition to our HVAC not working properly, the City of Albuquerque does not have a record of an inspection for our HVAC system despite the fact that Bhodi Tree Builders pulled a permit for its construction. This is in direct violation to the Board of Construction.We are willing to absolve you of your responsibility to fix our HVAC system under the condition that you provide compensation to have the work done by a third party of our choosing. We might consider an amount less than that listed above to avoid legal expenses. We want to resolve this issue outside of the courts, however, if we cannot reach an agreement we are prepared to file a lawsuit for the above amount through small claims court. We need to hear from you by 8/11/at 12PM before we start this process.*** This offer still stands
Regards,
*** ***[To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason the complaint will be closed Answered]

Complaint: [redacted]
I am rejecting this response because:I am willing to accept a partial refund in the amount of $5000.This amount will help defer the cost of fixing our HVAC system, which totals 7,572.18 + tax, in addition to the ~$330 we have acquired in costs related to identifying the cause and prescribing an adequate fix for our HVAC system. After receipt of this compensation we will:1. absolve Bodhi Tree Builders of their warranty2.  absolve Bodhi Tree Builders of their responsibility to get our HVAC system inspected by the proper authorities (the company being hired to fix our HVAC system will obtain a new permit and get it inspected)  
Regards,
[redacted][To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

Business states they offered the consumer a partial refund, but consumer rejected the offer.  As for upgrading to a larger unit, business never said would not install. Consumer wanted to keep going into detailed engineering plans. Business explained that was not part of the contract and he could get the plans elsewhere, and then they would discuss larger unit. Instead, consumer filed complaints with AG and Revdex.com. Business is willing to discuss providing an estimate for upgrading the unit.

After many years in business, every contractor is bound to have a customer like this, whether they do good work or not.  The customer focuses solely on their grievances and bolsters their grievances with information found on the internet.   They may or may not have a legitimate complaint,...

but after a while rage takes over their being and they can see nothing but what they don't like.I have worked with this customer from the beginning and for a whole year to bring resolution to an issue.  I have never stopped working on the issue.  In the end the customer increased his demands to where I simply decided to let the customer make the decisions and plans and then we would proceed.  Instead of proceeding the customer chose to register a complaint and threaten to sue.  He sees threats where there are none, lack of cooperation where there is some, and fault and blame despite thorough effort and follow through.Beyond this, there is reason to believe the customer had unqualified persons work on his unit after I had finished, and may want to pass on damage they might have caused to my company.To respond to his accusations:  The HVAC system worked from the start, and has never stopped working.  His claim is only that it is undersized, not that it is not working.  And the warranty I gave was for labor for repair of equipment only.  Since the equipment is not broken, their is no labor needed to repair.  Despite the lack of warranty for his claim, I have worked with him countless hours at great expense to myself to improve upon his system.

Attached is the invoice showing the work was paid in full.  It also shows the warranty.   Please post my response as it details the inaccuracies to Bryan's statements and my help us reach an acceptable settlement. If I can provide anything further please let me know. Thank you.