Jessen Construction, Inc

Signed contract to add bathroom to house first week of April, ten weeks later the work is not complete and would not give completion date.We have paid the contractor $14,000 toward a $21,000 contract to add a bathroom on to the side of our house. The contractor has been to my home 5 times for a total time on site of less than one hour in ten weeks. He has repeatedly missed committed times, took weeks off the job at a time, and has failed to meet agreed upon timelines. He purchased and installed the wrong glass block window, been belligerent when texted to ask the status of the work plan, used profanity and threatening language in a voice mail message (available if you would like to hear it) to me, after which he has apparently quit the job. The current status of the job is incomplete. Tile prep work is not done, tile is not installed, doors are not installed, tub, toilet and shower are not installed, nor are the vanity or sinks. Electrical, heating, and plumbing are only roughed in, drywall is not painted, and tankless water heater is not installed. We estimate the cost to finish the job to be ~$11,000. In addition the job site is littered with construction materials, shrubs they tore out and didn't take away, and there is a leftover pile of sand that has killed all the grass in a 120 square foot area next to my drive way. The contract clearly states they would haul away all debris and construction materials.Jessen Construction has provided no advise, or helped in any way with regard to what plumbing fixtures we were supposed to purchase, that we needed a shower valve, did not provide the agreed upon tile allowance of $3 per square foot, provided no input on what type of tile to purchase, and repeated stated that we needed to purchase items that were not outlined in the contract or told to us in a timely fashion. They didn't meet onsite with any of the subcontractors, instead making it our responsibility to management them, and failed to provide the a visual representation of the work they intended to do, or quoted, and began the job with a rough sketch that my wife provided 7 weeks prior to them starting the job. When they started the job there were also delays as a result of them not having ordered the materials in a timely manner to even begin the job. We feel strongly that Jessen Contruction is in breach of contract and we need to oinitiate legal proceedings to notify them officially that we believe they are in breach of contract. I offered a final opportunity for him to speak to my wife about finishing the job, and he declined to show up, call, text or contact us in any way. The tile contractor that was supposed to be at our house never showed up, apparently because he was told by Jessen construction to abandon the jobsite.My wife and I have been living above our garage for the last 15 weeks and lost the use of approx 25% of the square footage of our house since the project began.Desired SettlementWe believe Jessen Construction did not act in good faith and has had more than double the reasonable and customary period of time required to complete such a small job.We require a settlement to include:1. a refund of $4,200 of the over $14,000 we have already paid him2. provide the correct wave style glass block window (which they claim is on back order- though were found it in stock at three different suppliers)3. provide the rest of the hardware for the two ceiling light/fan appliances4. provide a written release from the terms of the contract we signed with themBusiness Response I was hired by the clients in the first part of April to add a bathroom addition to the side of the house. Total contract price $21,789. I have been paid $14,526 to date. We had them scheduled to start work in mid April, started the 16th with the layout and digging of footer. The concrete and foundation was completed by the end of April. Framing started May 7 using the clients plan with the layout the clients wanted. May 8th we had to move the interior walls, window header, and plywood to walls, we had to re frame and sheath as the layout that originally was given to us did not suit the homeowners.Over the next few weeks, we got the termite treatment, roofing installed along with flashing into the main part of house and rough in of electrical and plumbing. On May 23rd the plumber needed to know about the shower valve and if it was at the job site. I called and text the client as they were supposed to supply everything for the plumbing except commode and pipes. No response, so I told the plumber to install a single lever valve,like we always do. Later that night after 7 pm I get a text from the homeowner stating that they guess that the single lever would be alright, but that they wanted a 9 jet shower system installed. I told the plumber to wait and not get an inspection till the homeowners got us the appropriate fixtures. I waited to hear back about this system and by mid week I didn't hear anything I e mailed the homeowner asking if it was at the job site. He replies that he was joking about the 9 jet system and says that he was thinking about telling me that was the most ridiculous surprise he could think of, short of asking for a waterfall in the toilet room. We started back working by getting the inspection done on the rough ins by the first week in June. We installed the true glass block window which is what they wanted, not the acrylic glass block window that most people install and what distributors keep in stock. We installed the siding, exterior trim, vapor barrier, insulation, and finished sheet rock from June 2nd until June 20th. During this time I got a text from homeowner stating that their family was coming to visit from out of town at the end of June,could we get finished up by then, if not they would take off from work a week and finish it themselves. I stated we would try to get most of it done by then, might be paining that would not be finished. Tile man was slated for the 23rd of June, but the homeowner picked up the tile themselves and instead of getting tile, they got travertine stone, which has no bull nose pieces. So the tile man had to cut down the tile in his shop and polish the travertine to make bull nose pieces that are required around the shower jamb, shower niche and tub area. If tile was used as outlined in contract we wouldn't have had to do that, we would have been installing tile. Tuesday the 24th I get 4 text messages at 6:51 pm from homeowner telling me that the tile man did not show up and that they can't wait for someone that wasn't going to show up. Then stated in last text to me"NO BIG DEAL". My response was "If no big deal then why text me. I explained to them that we were behind because of the 9 jet system and other not so funny B.S." Then they text "You're fired. How funny is that?" I did not communicate with the homeowners after that.I did respond to the first four text with a phone call, which no body answered, so I left a message that I am not proud of. That day was the 25th anniversary of our oldest sons death and my wife and I were trying to have some down time remembering him. So when the homeowner didn't answer the phone, I probably said things I didn't mean, and I'm sorry for that. I then text them with my response for the reason we were slowed up.To date the materials and subs have been paid in full and total up to $15,125. plus the additional work in the laundry room that totals $1,364.34, plus the rework of the walls and window placement adds up to $920.00. Up charge of $214.on glass block window versus acrylic glass block window which is what was figured in contract. So if anybody owes any money it would be them owing me.WE take our work very serious and have done so ever since we started back in 1997. I looked at the Revdex.com web site and see that we have an A+ rating with your establishment, I feel that we have built a great reputation in a small town environment. I do not advertise and get most of our work from word of mouth and numerous repeat clients, which I can get references from.I feel the that the homeowners think that everything is a big joke. I have enclosed some of the e-mails for your review and you will plainly see that I did offer to get the plumber involved with the selections. That I did give them a list of what they could expect and when it would happen at the job site. The job site was cleaned at the end of every week. We did leave some framing there as they wanted us to build an extra closet from an e-mail dated 5/10/14 3:20 pm. I also e-mailed them on 5/10/14 1:21 pm and asked them if they needed the plumber to help them out with the selection of plumbing fixtures. The shrubs were left, as they said they would transplant them in the back yard. The sand was left as I asked them with my lead man present, if they wanted us to remove it or if they wanted it, to fill in holes that are in most peoples yards. They said leave it and they have been using it, as the size of of the pile has gone down in size over the weeks we were there. They did purchase the tile which was estimated at 300 sq ft @ $3.00 sq ft, that adds up to $900. They also purchased a 6' vanity with top which I had figure in at $275.00 per lineal ft. for paint grade cabinet and marble top, which totals $1,650. I did meet with the subs on site and can get signed affidavits attesting to that if needed. I'm sure the electrician can drop off the rest of the hardware for the two fans and lights. The homeowners have a two story house and it adds up to 2,142 sq ft according to the tax records, so it is hard for me to believe that they were without the use of 25% of their house. The addition was built next to the dining room which was the only room that's use was lost, and it measures at the most 250 sq. ft.They state that I was at the job site a total of 1 hour in 10 weeks. I was the one that shot the grade and set the batter boards with the foundation man which took at least 2 hours. I was there when we started framing the floor system, and walls. I also was there when the rafters went up and roof was sheathed. So I can count up at least 20 hrs that I was on the job working. Other times I was there to drop off materials, meet with subs and haul off trash.I feel that they have been unfair in expecting us to get a job done in the amount of time, when they have been the reason for most of the delays. I will let my work record speak for itself. Consumer Response As you can see from the response, his management of the job was convoluted at best. He moved the walls because he didn't put them where they were supposed to be. It happened same day. He put the wrong window in, period. Our new builder is fixing it, as well as the tub enclosure, which was not able to be used. He is also ripping the side off the house and centering the window, another mistake. He had an excuse for everything and became belligerent any time we pointed out problems. As you can see from response, the facts speak for themselves. He apparently underbid the job, then decided he didn't want to do it anymore. After this issue, many people have told us that it, "sounds like it's happening again with him." My wife and I were incredibly patient and caring. He used the fact that his in-laws were I'll to explain the countless delays, then took a week off to go on "a much needed vacation", leaving nobody at our house, not even subs for 10 days. He contracted with us to complete a job, indicated any homeowner change orders must be agreed to in writing. Any changes were a result of his not providing appropriate design or layout of the work and attempting to build for a sketch that was not to scale. He claimed he would provide a documented floor plan, but started the job without providing it. Any changes were the result of his lack of preparation and execution. We have provided a settlement offer via certified mail, which is very forgiving and doesn't even cover half the cost of the money over the contract price. Thus far, we have heard nothing, and unfortunately will be filing suit against Jessen Construction. Final Business Response Its hard to understand the homeowner and the desire to state what ever they want. It would be nice to see the facts on the subject, instead of just throwing out what they want you to think happened.Yes they were patient and caring,and even said to me that if I needed to take care of other things, don't feel that they were rushing me. I had asked the homeowner after we had to move the walls if he wanted the window centered and I was told along with my lead man present,not to center the window opening, as the TV over the tub would make it look as if the window was centered. I will send an email from the homeowner showing that they had a plan, that they wanted me to use, not me having a plan or even presenting a layout or design.I have not received any certified mail as was stated by the homeowner. If I had of,I would of had to sign for such an item. Here say again.The homeowner who is a real estate agent, has a boss and he contacted me the week of June 14th to look at some work to be done in his office. I looked at the job that week and than later, let him know that I had to decline the work as I had family medical issues that had came up. My point being is, if I'm such a bad contractor and the fellow agents state that I have a long history of taking forever to complete jobs. Then why would the boss of the realty company want to even consider asking me to look at a job for him?I have worked in this town for years and I have many repeat clients who will and have waited months for me to do the work. I also do work for many other realtors in town and can get signed statements from them if needed, stating that I work in a timely manner. I will get the electrician to drop off the fan covers, but that is as far as I am going to try to appease the homeowners. So if people should be warned about me as the homeowner states, maybe we should also warn other contractors about these homeowners.