John T Canavan Construction

April 4, My response to the complaint filed by [redacted] After the first contractor backed out of the job, Mr [redacted] contacted me and asked if I could help him with this projectThis was for a 26xgarage with a bedroom aboveI priced the materials needed and contacted sub-contractors that would be doing the bulk of the work and estimated that we could probably do it to the stage of drywall for about $42, While waiting for the excavators and mason contractor to fit us in the schedule (approxmonths) Mr [redacted] wanted to do an additional sewer tap on the lot we were building on since this would be easier and wiser to do at this stage since we were digging anywayAnd if a bathroom was eventually put in plans then a sewer line would be availableBut the funding would have to come separate from the $42,set aside Although behind schedule and winter quickly approaching work began, excavation and footer and foundation went rather smoothlyHowever the excavator incurred some difficulty digging for the additional sewer lineI think he worked men and machine for daysExcavated, installed sewer line, and tap backfilledMr***’s additional cost would be for the excavation and installation of this and also an unexpected tap fee for Portage Sewer AuthorityI’m not sure about the exact bill but we discussed it later on to be around $total Work began on the framing of the structure which was subcontracted outI provided a quality honest outfit to perform this partI arranged all materials needed, all deliveries and handled all problems incurred, such as house tie in and roof layout and tie in, and personally picked and delivered additional material needed for the crew to have on hand first think in the morningWhen framing was complete I negotiated the agreed upon price with this subcontractor to a cash payment that would save $in the budget The next stage in the process would be to “weather” the structure in since winter was approachingI subcontracted the roofing to a local roofer as he would be able to do this part more efficiently than I could and was more flexible in his schedule and could be on roof when weather permittedMr spoke with this gentleman about doing the siding, soffit and facia, another part needed to “weather” in a structureThis particular part was initially to be my responsibility and where I would start to profit from my hanlabor This gentleman contacted me and informed me of Mr***’s intentionsKnowing this would take the majority of my profit to sub this out, I wanted to keep progress movingSo I negotiated a cash price for him to do this, I found the best price on siding, soffit and facia an hour away and personally went and picked it up to they would have it for the next dayWhile this work was being performed on the exterior I proceeded to run electric to garage and started all rough wiringWhereas additional electric boxes were added and another sub paid by me came and installed the garage doors so the structure was basically out of the elements I proceeded to start the bedroom area, with framing and at this time decisions were made to add another bedroom and provide electric and plumbing for a master bathThe plumbing, wiring, vent fan, etcwere not figured in the original priceThis all required more material and giving the budget and the situation we were in I was willing to not charge for that labor At the beginning of January the [redacted] family took a financial lossSo we had a budget meeting to see how far we can get with what we had leftWe sat down and went over the numbers and was coming up shortMoney from the project was used by Ms [redacted] for the sewage part of the project, which again wasn’t included in the $42,Mr [redacted] stated he was aware of this and was going to replace it In the meantime I have used some of my own materials, such as the wiring and plumbing, to get things prepared for inspectionPrior to inspection Mr [redacted] determined that he wanted to use hydronic electric baseboard heatThis will have to be wired prior to the inspection so I told him he will need to purchase material for this himself due to a zero balance in the budget, but there wasn’t any labor charge for installationI drove Mr [redacted] to [redacted] and he made the purchases needed for this partThe next evening I provided the labor to complete this for inspection I arranged for the inspection to take place, met with the inspector to walk through the structure with him to answer any questions he might haveAll passed with the exception of missing braces weren’t installed in the truss systemThis is a very easy fix and the inspector told me to provide a picture on next inspection so we could insulate and drywall I then told Mr [redacted] that the money will need to be replaced in order to purchase the insulation and drywallMr [redacted] claimed that I was in possession of that and he didn’t have itMr [redacted] then requested to see all the receipts of what I had bought for the projectI had no problem providing these receipts to him, although I should have made copies for my recordsMr [redacted] then proceeded to bring in other people to look at the project to get there opinion on how much money was spent and where the project wasThey compared this figure of $29,to material only and not taking into consideration the negotiated cash payments to the subcontractors (which helped the budget)Mr [redacted] was aware of those cash payments but never subtracted them from the $29, Mr [redacted] is now asking that I purchase the drywall and insulation for this projectI have not profited one cent from this project and giving the situational time frame and struggles that this project had, I didn’t care to profit anythingMoney was never the issue, I just wanted to keep my wordI negotiated the best prices with subcontractors, researched before I bought any material in order to save him money, provided personal material that I had just to help the budget Trying to run a project when there is more than one person in control of the budget, and when there is more than one person that wants to be the general contractor only leads to the situation we are both in (lesson learned) As a common practice in General Contracting, I’m providing a list of fees for providing these servicesAnd a list of the change orders and fees associated with them All subcontract work is to be paid: cost + 15% All material is to be: cost +10% Inspection fees $ Subcontractors: I will use conservative estimation in these charges due to no longer having receipts in my possession Mason $ Framer $ Siding/sofit/roof $ $@15%$ Materials: I will also have a conservative “estimate” due to lack of receipts and no proof that I did use my own personal materials Materials (estimate) $@ 10% = $ Labor charages for changes: exterior electric devices, interior electric devices total @ $per = $ Plumbing rough in for Master bath (labor) $ Additional framing for Master bath (labor) $ Total Labor and change order charges $ Add to that figure approximately $1,in personal tools that I will assume I won’t recover possession of brings the total conservative bill to $ Mr***’s additions to our original agreement and the unexpected sewage project expense pushed this project over the budgeted amountIt is an impossible task to stay within budgeted funding when you have no control of it Portage is a small town of about peopleI have lived and worked here over yearsI have never been accused of cheating a customer and if you need references I can supply manyThere is no way I would jeopardize my reputation in the building/construction field by being dishonestI have done many projects in Portage both large and small, profitable and non-profitableI show compassion to customers needs and situations and more often than not don’t even charge for small jobsTo Mr***’s credit my work schedule has been less than consistentI have been under doctors medical care for the last months and there have been occasions when I was physically not able to workI understand how frustrating that was for Mr***, but it is a situation that was totally out of my controlMr [redacted] and his family showed compassion toward the situation, and that meant the world to me because I would have asked me to walk away along time ago until I got things straightened outSo how could I ever give them a bill or charge them for anything and still be able to sleep at nightI have not pocketed a penny from this project nor could I ever accept anything prior to this stageBut now I guess its about business, Mr***s current bill for general contracting fees, material handling fees, labor change charges, inspection fees and personal property comes to $ [redacted] ***

I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
In response to *** *** response, I have to once again reject his letterThere were several statements that *** made that were falseThe biggest statement being that "he" paid the masonry $out of the $29,that I am questioning *** on*** kept stating that I was to "hold off" paying for the masonI had to contact the masonry in the beginning of January myself to find out what I owed him & I paid him directly which was separate from the $29,in checks that I had cut to *** Canavan ConstructionAs far as his statement regarding the receipts I have all the receipts in my possessionThe receipts from the Long Barn total $14,He also had a stack of receipts from Stagers Store and Lowes that total $ALL of the Lowes receipts were put on a credit card so there is no way that *** could "prove" that he then turned around & paid those bills off with my cash & why he wouldn't of paid with the cash that he already had in his possession is beyond my imagination?? From what I am getting from ***'s letter as to what he had paid the framer ($5500) and the siding/soffit/roof guys ($2000), and all the receipts that I have here total $23,Therefore, there is $6,leftover and there is NO way that there was any more money put into my project other than these figures*** also made a statement about his "personal property" (meaning his tools) not being recovered*** has NEVER contacted me to come and get his tools and his tools are still in the exact same place that he had left themI feel that the best way to come to resolution on this would be for the Revdex.com yourselves to send a representative out to my property to see what my family and I have been left with since February 9th when he was last here requesting additional money regarding the insulation/drywall which was to be included in the $29,& when I questioned *** on where the money was, he picked up and walked out of my houseThat was also the last time that there was ANY contact from ***
I have also contacted the District Attorney's office & an attorney in this matterThe District Attorney's office is being very helpful working with me in this case, and right now I have been appointed an agent through them & they are requesting that I file a criminal case due to the amount of money that is in question and the lack of communication that *** has given not even trying to recover any of his "personal property"We have all of the agents names and phone numbers in our possession, so if you would need any of that information, please feel free to contact meI also have copies of every single receipt that *** had provided me, every single cancelled check that *** had cashed, and also proof that everything that deals with the masonry & excavation (which includes the sewer line that *** was considering a "set back" but once again we knew that we wanted to have that done & also paid for that separate from the $29,950)
Regards,
*** ***

April 4, 2014
My response to the complaint filed by [redacted]
After the first contractor backed out of the job, Mr. [redacted] contacted me and asked if I could help him
with this project. This was for a 26x32 garage with a...

bedroom above. I priced the materials needed
and contacted sub-contractors that would be doing the bulk of the work and estimated that we could
probably do it to the stage of drywall for about $42,000.
While waiting for the excavators and mason contractor to fit us in the schedule (approx. 3 months)
Mr. [redacted] wanted to do an additional sewer tap on the lot we were building on since this would be
easier and wiser to do at this stage since we were digging anyway. And if a bathroom was
eventually put in plans then a sewer line would be available. But the funding would have to come
separate from the $42,000 set aside.
Although behind schedule and winter quickly approaching work began, excavation and footer and
foundation went rather smoothly. However the excavator incurred some difficulty digging for the
additional sewer line. I think he worked 2 men and 1 machine for 2 days. Excavated, installed
sewer line, and tap backfilled. Mr. [redacted]’s additional cost would be for the excavation and
installation of this and also an unexpected tap fee for Portage Sewer Authority. I’m not sure about
the exact bill but we discussed it later on to be around $6000 total.
Work began on the framing of the structure which was subcontracted out. I provided a quality
honest outfit to perform this part. I arranged all materials needed, all deliveries and handled all
problems incurred, such as house tie in and roof layout and tie in, and personally picked and
delivered additional material needed for the crew to have on hand first think in the morning. When
framing was complete I negotiated the agreed upon price with this subcontractor to a cash payment
that would save $500 in the budget.
The next stage in the process would be to “weather” the structure in since winter was approaching. I
subcontracted the roofing to a local roofer as he would be able to do this part more efficiently than I
could and was more flexible in his schedule and could be on roof when weather permitted. Mr.
spoke with this gentleman about doing the siding, soffit and facia, another part needed to “weather”
in a structure. This particular part was initially to be my responsibility and where I would start to
profit from my hands-on labor This gentleman contacted me and informed me of Mr. [redacted]’s
intentions. Knowing this would take the majority of my profit to sub this out, I wanted to keep
progress moving. So I negotiated a cash price for him to do this, I found the best price on siding,
soffit and facia an hour away and personally went and picked it up to they would have it for the next
day. While this work was being performed on the exterior I proceeded to run electric to garage and
started all rough wiring. Whereas 4 additional electric boxes were added and another sub paid by
me came and installed the garage doors so the structure was basically out of the elements.
I proceeded to start the bedroom area, with framing and at this time decisions were made to add
another bedroom and provide electric and plumbing for a master bath. The plumbing, wiring, vent
fan, etc. were not figured in the original price. This all required more material and giving the budget
and the situation we were in I was willing to not charge for that labor.
At the beginning of January the [redacted] family took a financial loss. So we had a budget meeting to
see how far we can get with what we had left. We sat down and went over the numbers and was
coming up short. Money from the project was used by Ms. [redacted] for the sewage part of the project,
which again wasn’t included in the $42,000. Mr. [redacted] stated he was aware of this and was going to
replace it.
In the meantime I have used some of my own materials, such as the wiring and plumbing, to get
things prepared for inspection. Prior to inspection Mr. [redacted] determined that he wanted to use
hydronic electric baseboard heat. This will have to be wired prior to the inspection so I told him he
will need to purchase material for this himself due to a zero balance in the budget, but there wasn’t
any labor charge for installation. I drove Mr. [redacted] to [redacted] and he made the purchases needed for
this part. The next evening I provided the labor to complete this for inspection.
I arranged for the inspection to take place, met with the inspector to walk through the structure with
him to answer any questions he might have. All passed with the exception of 2 missing braces
weren’t installed in the truss system. This is a very easy fix and the inspector told me to provide a
picture on next inspection so we could insulate and drywall.
I then told Mr. [redacted] that the money will need to be replaced in order to purchase the insulation and
drywall. Mr. [redacted] claimed that I was in possession of that and he didn’t have it. Mr. [redacted] then
requested to see all the receipts of what I had bought for the project. I had no problem providing
these receipts to him, although I should have made copies for my records. Mr. [redacted] then
proceeded to bring in other people to look at the project to get there opinion on how much money
was spent and where the project was. They compared this figure of $29,950 to material only and not
taking into consideration the negotiated cash payments to the subcontractors (which helped the
budget). Mr. [redacted] was aware of those cash payments but never subtracted them from the $29,950.
Mr. [redacted] is now asking that I purchase the drywall and insulation for this project. I have not profited
one cent from this project and giving the situational time frame and struggles that this project had, I
didn’t care to profit anything. Money was never the issue, I just wanted to keep my word. I
negotiated the best prices with subcontractors, researched before I bought any material in order to
save him money, provided personal material that I had just to help the budget.
Trying to run a project when there is more than one person in control of the budget, and when there
is more than one person that wants to be the general contractor only leads to the situation we are
both in (lesson learned).
As a common practice in General Contracting, I’m providing a list of fees for providing these
services. And a list of the change orders and fees associated with them.
All subcontract work is to be paid: cost + 15%
All material is to be: cost +10%
Inspection fees $225
Subcontractors: I will use conservative estimation in these charges due to no longer having receipts
in my possession.
Mason $8800
Framer $5500
Siding/sofit/roof $2000
$16300 @15%$2445
Materials: I will also have a conservative
“estimate” due to lack of receipts and no
proof that I did use my own personal materials.
Materials (estimate) $23 000 @ 10% = $2300
Labor charages for changes:
4 exterior electric devices, 11 interior electric devices 15 total @ $75 per = $1 125
Plumbing rough in for Master bath (labor) $600
Additional framing for Master bath (labor) $250
Total Labor and change order charges $6720
Add to that figure approximately $1,300 in personal tools that I will assume I won’t recover
possession of brings the total conservative bill to $8245.
Mr. [redacted]’s additions to our original agreement and the unexpected sewage project expense pushed
this project over the budgeted amount. It is an impossible task to stay within budgeted funding when
you have no control of it.
Portage is a small town of about 8000 people. I have lived and worked here over 25 years. I have
never been accused of cheating a customer and if you need references I can supply many. There is
no way I would jeopardize my reputation in the building/construction field by being dishonest. I have
done many projects in Portage both large and small, profitable and non-profitable. I show
compassion to customers needs and situations and more often than not don’t even charge for small
jobs. To Mr. [redacted]’s credit my work schedule has been less than consistent. I have been under
doctors medical care for the last 6 months and there have been occasions when I was physically not
able to work. I understand how frustrating that was for Mr. [redacted], but it is a situation that was totally
out of my control. Mr. [redacted] and his family showed compassion toward the situation, and that meant
the world to me because I would have asked me to walk away along time ago until I got things
straightened out. So how could I ever give them a bill or charge them for anything and still be able
to sleep at night. I have not pocketed a penny from this project nor could I ever accept anything
prior to this stage. But now I guess its about business, Mr. [redacted]s current bill for general contracting
fees, material handling fees, labor change charges, inspection fees and personal property comes to
$8245.
 
[redacted]

Review: As of August 2012 I started a 26x32 finished garage project with [redacted] as the main contractor. The verbal price of the finished project with a loft that included 2 bedrooms and a bathroom was to be $42,000. [redacted] subcontracted other contractors to do the foundation and framing of the garage which was done by those contractors right away. As of this date my wife and I have 5 transactions of money that was given to [redacted] that total $29,950 that was to frame the garage and finish the 3 rooms above the garage. To date, [redacted] is claiming that the money has been spent and we are only sitting here with a garage and an upstairs that is framed out and also the wiring and plumbing done for the bathroom. We have been waiting for months with no contact from [redacted] as to where our insulation and drywall is which would be the next step to the project. Our last contact with [redacted] was him requesting additional money because he is claiming that the $29,950 that we gave him has been spent. My wife and I are disputing his claims of not having any money left because the contractors who came and did the foundation and the framing of the garage have already received their money which was $13,000 which then puts our verbal agreement of $42,000 already at $42,950. The work that still needs completed here includes: insulation & drywall (for the garage and the loft), hydronic baseboard heating, electrical (light switches), and the electrical hookup for the garage doors. Our main dispute is where the $29,950 was spent that was to be our finished project and we are now at a complete stand still with no response from [redacted] Canavan.Desired Settlement: From the untimely work that [redacted] has provided my family I wish to get the materials needed to finish my project in my possession. I do not wish for [redacted] Canavan to complete the work because of again, the untimely manner that [redacted] has already shown us that he just comes and goes as he pleases and never gives us the courtesy of even a phone call if he is showing up or not.

Business

Response: