James River Contractor, Inc.

James River Contractor13515 Lawing DryS. Chesterfield, VA. 23834Office 804-748-2917 Complaint rebuttal                 This is reference to [redacted] garage built at [redacted]A. This contract was...

signed 10/25/2016 to build a 24’ x 40’ garage as listed in the detailed specification sheet which was part of the signed contract agreement. The garage was built and completed to all IRC & VRC codes and Prince George County codes, all inspections were passed, and a letter of Certificate of Completion was issued on 02/22/2017.  On Friday 10/25/2016 [redacted] came to my office to sign the contract and I spent about an hour and a half going over line by line of all 22 pages of the contract.  The last page above the signature line it says: “ I HAVE READ AND AGREE TO ALL ARTICLES & CONDITIONS AND STIPULATIONS & AGREE WITH THIS CONTRACT AND ATTACHMENTS”. After spending the time to go over this, I asked if he understood and he agreed and signed the contract. If there was something that he did not understand or like about the contract that was the time to speak up about it.  The building permit was issued around 11/19/2016, first draw down payment was made, and after the check cleared we went to work. Things went along good right through holidays and ground works, framing and roofing. As things got close to the insulation phase, I explained that he wouldn’t be able to have crawl space as there wouldn’t be any room with 12” of blown-in insulation. Mr. [redacted] requested not to put that much insulation so that plywood could be installed. This is when I explained to him these were regular truss as the plans and contract stipulated. He then commenced to screaming at me in front of siding subcontractor workers about he wanted storage truss. I calmly explained that I followed the drawings and the contract. Subsequent to this discussion and after I had gone, Mr. [redacted] talked to the subcontractors and stated to them “that it wasn’t them, he was just [redacted] at me and was going to pick me to death”.  I will acknowledge that the siding subcontractor used a metal break tool that left black sticky spots on the siding. As soon as I was made aware of it via Mr. [redacted] on January 17, 2017, I had the subcontractor go back out and wipe all of the marks off of the siding. Then around January 20, 2017 Mr. [redacted] said the back facial board was not straight enough so I sent the subcontractor back out on January 24, 2017 to see what could be done to correct it. Mr. [redacted] was home at completion and the worker asked if it was acceptable. Mr. [redacted] replied: “ it looked good but not good enough”!  Therefore on January 26, 2017 I went out with the workers to ensure that it was straight. After that Mr. [redacted] created a final walk thru punch list dated February 5, 2017 of nine (9) items. I set up a date that was convenient for Mr. [redacted] to be there to approve the work (which was 02/16/2017). Mr. [redacted] sent pictures of everything he was referring to.  On February 16th, we took care of everything—all 9 items on his final list. On this trip I enlisted the help of a different subcontractor for metal bending for the siding to ensure a good end product. Mr. [redacted] left before we finished; so I could not get him to take a look at it. He looked at the garage and responded on 02/19/2017 with another list of totally different items. I was trying to satisfy him and went back over to the garage job on 02/20/2017 and addressed the items and responded to him that I had addressed each one. It was at this time he said someone had damaged his concrete floor and after all these lists and the final punch list of February 5th, this is the first time I had heard about this.  No subcontractors were at this job site AT ALL in February without me being present and no one drove onto the garage floor. I did not get a response until 02/24/2017 in which he stated that there were more items that needed to be addressed.  I responded with an e-mail that evening as I was out town that stated I would come out and take a look at these items but required that he sign a statement that I had attached which was the final list of the last two items. I also let him know that the final payment was due upon addressing this and I would cease the collection process. Then I get the last e-mail stating he was going to send payment and he was going to get legal advice and was going to go to Revdex.com & [redacted]. As you can see from the multiple dates and lists, I have bent over backwards to work with him and his schedule to address his multiple punch lists. Normally you get a punch list together and include everything in it. Mr. [redacted] has started using his garage and as of today, I haven’t received the final payment. I have fulfilled my contract and replaced a lot of trim that methods that I have been using for 12 years and not had a complaint. I have many happy garage owners and customers. He has enlisted the help of his friends to try to discredit and slander my company over the internet. I tried to work with David after I understood that there was a misunderstanding about the truss. The method to make this change he knew about as it was included in the contract that I read to him that was called Change Order Form and he received one of these forms in his copy of the contract copy. Mr. [redacted] did ask me about a cost to build an overhead cover on the back deck. I let him know that it would require a drawing because it would require a building permit.  Mr. [redacted] had a plan drawn up and paid for it and still has the plans in his possession which he can use to have someone else build for him. This drawing was not part of my contract for the garage and he dealt directly with the company to have them drawn up. And as he stated in his last e-mail “DO NOT CONTACT ME OR STEP FOOT ONTO MY PROPERTY”. All I have stated in this information is documented in the contract, e-mails, texts or witnesses if any of it is needed to prove it--it can be provided. In trying to please Mr. [redacted] after the misunderstanding of the truss,  we down sized the insulation at his request and installed a row of plywood down the middle of the attic so that he would have access at no charge for labor & material and installed a disappearing stairs supplied by him at no charge for labor. During the multiple punch lists, I tried to work with his schedule to have him present before we left as to address anything else. However, on every occasion he had a reason to not come out and review the work. On the 01/26/2017 visit he even expressed that he didn’t have time (as I called him in the house to ask if he would come outside to the garage). But he told us that he didn’t have the time to mess with us. As for the screens he mentioned, they were not in my contract as I never install screens-- as you have a large garage door opening.  However, I told him after final payment was made and check cleared that I would supply them.Russell H[redacted]

Revdex.com:
I have reviewed the offer and/or 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.
[Provide details of why you are not satisfied with this resolution.]
Regards,
[redacted] I received the email he was referring to about this letter he wanted me to sign after I had sent him an email on Monday, Feb 27,2017.  I did tell him not to come back onto my property in the email since I didn't receive a response from him.  The letter he wanted me to sign was denying damaged to the garage floor and that he wasn't going to fix the other items I had found after he requested the final payment.  he stated on one of his email, that he was done and wanted final payment according to contract.  My anxiety has been high and he pretty much threaten to sue me.  this is why I just paid him the last paymentIn regards to utilizing the garage, this is a false statement.  My wife and I have not driven our vehicles into the garage even to present day.  i took a shop vac to clean the mess Mr. H[redacted] left behind for me to clean and place the loose items in the attic space that was Mr. H[redacted] gave left over sidings.  With regards to bending over backwards for me, I advised Mr. H[redacted], in our meeting in August that I wanted attic space with pull down steps.  I also told him again during the contract what I wanted and he stated it was fine.  I also advised Mr. H[redacted], during the contract that I trust him since I really didn't know much about construction.  now in regards to plans, again he advertised it was going to happen and it didn't so again, I'm out $100.00 because what he requested.Mr. H[redacted], stated I yelld at him, if you like you could hear the recording I made of our conversation and you could hear I wasn't yelling at him.  It's funny how his trim guy "Claude" stated to me in order to get things right we would have to pull the gutters down and replace the trim work to make it right.  Mr. H[redacted] stated he called me and I told him I didn't have time for him is a false statement.  I was inside my house when he called and he told me that Claude was coming back out to fix stuff and I told him fine.  i was in a middle of taking an exam.  Also, in regards to him stating I never stepped outside and never returned to speak to him.  Mr H[redacted], knew I had to be somewhere by 12pm, I left my residence at 11am in order to be on time.  this is when I realized he was at the residence.  Not once did he ever call me to let me know he was outside for the final fixing as he stated he would.Mr. H[redacted]' response has a lot of false statements on it, and it's kind of hard to digest what he wrote.  He knows the trim was sloppy when he left that Monday when I was in school and I told him I couldn't speak that much since I had to walk out of class to speak to him.  He knows his people place crooked trim, cut wrong trim and damaged my garage and I'm suppose to sit back and take sloppy work.  My wife and I refinanced our home in order to get this garage built which cost a little over $46,000.00.  My response to that is no, we shouldn't be allow to accept poor sloppy work and then be threaten in manner with a piece of paper (contract).The complaint was misrepresentation, trim work and damage garage floor....it's not what he claims he bend over backwards for me this has nothing to do with my complaint and again, we spoke about what I wanted so he didn't do me a favor.  I advised Mr. H[redacted], that I remember conversations real well since I'm a retired police officer and it was one of my jobs to remember conversations. So, the question is where to we go from here?  He's been out on three different occasions and hasn't gotten it right yet.  Again, it's hard for me to accept he had me spend $100.00 on plans, forced me to accept crooked, bent, sloppy tirm work and deny damaging my garage floor.  He might want to ask Claude what happen to the floor since I do believe Claude's trailer is blue in color if i'm correct.