Kashwitna Construction

Please see the attached response letter.Sincerely,Jack S[redacted] - PresidentKashwitna Construction, Inc.
 
October 10, 2015
RE: Complaint ID#[redacted]: [redacted] and [redacted]
Dear [redacted],
This letter is in response to the correspondence from [redacted] & [redacted] to the Revdex.com dated September 13, 2015 ID #[redacted].
During beginning of 2014, several neighbors of [redacted] and [redacted] asked me to have my company perform necessary repairs to the interior and exterior of the [redacted]’s home. They stated that nobody else would do this work due to the 'unusual and unique' working conditions. Specifically, the home was incorrectly built and that there was an unusually large amount of personal belongings in the residence which made it difficult for [redacted] and [redacted] to find a contractor willing to work on their home. Upon speaking with [redacted] and [redacted] regarding the state of their home, we mutually decided that my company would take on several of their projects on a TIME AND MATERIALS basis. Since I lived across the street from the [redacted]’s, I wanted to help them out as much as I could so I gave them a rate that was substantially below the going industry rate as well as agreed to work in crowded and cluttered conditions. My company removed the incorrectly built and dry-rotted living room floor system as well as a complete exterior wall and rebuilt these to industry standard as best as conditions would allow (the home is out of square by nearly 1 foot as well as out of plumb and level due to being originally built incorrectly). This was a time and materials verbal contract which was paid in full. The [redacted]’s were verbally ecstatic and proclaimed how wonderful the work was to numerous friends and neighbors (as the complaint states - we live in a very small community). I then agreed to replace their leaking roof and, once again, did this work at a discount. This work was also a time and materials contract by verbal agreement and was also subject to loud verbal acclaim.... [redacted] and [redacted] paid the invoice for these services in full as well. After this time, I agreed to help refinish specific portions of the interior of the [redacted]’s home during the winter of 2014 / 2015. As the complaint states, we had a verbal agreement to pay for time and materials for myself and my employees (who were also working at a substantially lower rate than usual on this job). Part of the reason that [redacted] and [redacted] were given a lower hourly rate because they wanted their project to be worked into my schedule as best as possible - they did not want me to put their project on a specific scheduled time and therefore have to pay my company’s standard rate. They gave me a list of items that they wanted completed and I began during January 2015. [redacted] and [redacted] included a copy of the original estimate for the interior projects with their complaint showing the specific tasks to be completed and their estimated expenses.
While we started the project with a definitive list of projects, it did not stay that way for very long. Nearly every time that I would come to work on their home, the [redacted]’s would add work to the list that was not included in the original estimate. These add on's include: leveling an upstairs room floor, redesign and rebuild their staircase, install a handrail and banister system, remodeling an upstairs bedroom and closet, installing a new window, installing flooring in a storage room, installing flooring in their master bedroom, installing cabinets throughout the bathroom and kitchen, installing additional countertops, installing additional window trim in the kitchen and bathroom, etc. In addition, the working conditions of this home were untenable: I could only show up after 10:00 am (this was later changed to 8:00 - thanks!), on numerous occasions that I was scheduled to work I would receive a call informing me that they had to cancel because they ‘just couldn’t do it today’, there were personal possessions everywhere in our working areas (the [redacted]s actually purchased a new couch and recliner set and brought these into our work area as well), not to mention that the home is a 'unique' Alaskan home - nothing is square, plumb or level and includes exposed wiring and building products that are not structurally sound. I have attached a picture showing the amount of personal possessions taking up the space in the living room as well as the only entrance to the home. In addition, [redacted] and [redacted] go to extreme measures to reuse materials that require far more time to use than it would take using new materials (due all of the old nails, dry rot, etc. on the recycled materials). After not being able to satisfy the [redacted]’s increasing demands, they became more verbally aggressive towards myself and my work crew. Given the choice of losing my 3 workers as well as compromising my health (I was under an immense amount of stress due to my strained relationship with the [redacted]’s, to the point of vomiting every time I worked at the [redacted]'s), I chose to end my business relationship with the [redacted] and [redacted]. At this point, they stated that they understood my position and would pay the invoice within a week or two. This has still not occurred.
During my construction career, I have had some difficult client issues arise. This is the nature of the business – especially with home renovation. However, I pride myself on my ability to resolve issues so that my clients are happy when the project is complete. My company exclusively uses word of mouth advertising and I work hard to maintain positive relationships with not only the clients who hire me directly, but also the general contractors and suppliers in area. Until this issue, I have not had a single problem with a client that has not been resolved to the client’s satisfaction. I pride myself on my work and my contributions to my community.
I will now state my views on the 'inaccuracies' of [redacted] and [redacted]’s complaint with the Revdex.com:1) [redacted] and [redacted] stated that in April I brought in a 2 man crew and that this was therefore more expensive. Actually, I had used a 4 man crew to do the initial work on the floor replacement (June 2014) and a 2 person crew to replace the roof (Aug and Sept 2014). This is far more affordable than having to pay a contractor a higher hourly rate than a carpenter and a laborer to complete the same work. Additionally, the crew that I brought in during April to increase the speed of completion (as well as lower the cost of the project) was comprised of 3 people in addition to myself, not 2.
2) [redacted] and [redacted] stated that I stated that I ‘liked challenges’ and also implied that there were not going to be unforeseen issues because I conducted a ‘complete walk-through of the home’ before accepting the job. This is not true. What I stated to [redacted] and [redacted] is that their home would be a challenge to complete within the budget that they had. In addition, I not only told them that there would be unforeseen challenges due to the home originally being built improperly, there would also be unforeseen issues due to the fact that I could not conduct a proper walk-through (the reason that a proper walk through could not be completed was due to the amount of personal belongings in the home blocking the view of the areas to be remodeled. The repeated statements of ‘doing a complete walk through’ does not eliminate the fact that I repeatedly informed them that there are always unforeseen issues with remodeling jobs, especially ones that were not built correctly from the beginning and that the only way that I could provide them with an actual project quote was to tear their home down and start over with new construction.
3) [redacted] and [redacted] stated that my company was unprofessional because we didn't clean up at the end of each day. This is true! However, the reason why we didn't clean up at the end of the day was because [redacted] and [redacted] wanted to reduced their expenses as much as possible and [redacted] personally told me not to clean up because she wanted to save this additional labor expense. During June, 2015, [redacted] then told me that she thought that it was unprofessional of my crew to leave a mess. When I reminded her of our previous conversation, she claimed that she never stated that she wanted to clean up after my crew. After this conversation, my crew cleaned up the home at the end of each workday.
4) [redacted] and [redacted] stated that I was unprofessional because I didn't pick up the cabinets at [redacted]. Not true. I am the person who picked up these cabinets (which were yet another add on to our original project list) and delivered them to the [redacted]'s home – my signature is on the pickup receipt at [redacted]. In addition, I picked these cabinets up at [redacted] on my own time and did not charge [redacted] and [redacted] for this service. I do not see how this could cost [redacted] and [redacted] any effort or expense...
5) [redacted] and [redacted] stated that ‘at the time of the contractor’s rapid departure, no name referrals were given to us as a professional courtesy.’ Not true. I gave them the name of the original contractor that they tried to hire ([redacted]), another general contractor ([redacted]) as well as a handyman ([redacted]). In the same paragraph they stated that ‘Our new kitchen counters were left outside! Again this non-caring attitude for both quality and detail were absent!’ This is true, although not accurate in context. The countertops were left outside AFTER I asked [redacted] and [redacted] if they would like for me to move them into one of their garages (they declined this offer). Instead, they suggested that they stay outside underneath my personal 12’x14’ pop up tent that they wanted to purchase, however, still have not paid for as agreed. Also, in the same paragraph, they stated that my company ‘turned a “blind eye” to the replacement of common basic house hold safety features’. There wasn’t a ‘blind eye’ turned to these items, the items were simply missing – moved somewhere by the [redacted]’s into their personal belongings and therefor inaccessible for my crew to reinstall. Since the [redacted]’s did not want to spend a [redacted] more than absolutely necessary on materials, replacement covers were not purchased. The [redacted]s also stated that the bathroom fan cover was broken, this is the first time that I have heard of this issue, however, if my crew did break it, it would be covered under the ‘materials’ portion of the time and materials contract.
6) [redacted] and [redacted] stated that there were 'several areas' of their home that would 'need to be redone because of major construction errors'. There is one area that could be redone - this is the shower enclosure. The reason why the shower enclosure needs to be redone is due to a miscommunication with the [redacted]’s and me regarding their shower mixer. Initially, the shower water mixer was to be replaced, however, [redacted] worked on the handles of the existing mixer and declared them 'fixed'. I then installed a metal shower enclosure over the drywall on the shower. The next day, I was informed that they still wanted the mixer replaced which will require the removal and re-installation of the metal enclosure and drywall piece (approximately $60 of material cost). All other work was done to industry and my personal standards as well as to the verbal acclaim of [redacted] and [redacted].
7) I employed a 3 person crew whose labor costs need to be reimbursed, not a 2 'man' crew as stated by [redacted] and [redacted]’s complaint. Starting in May 2015, I had hired a female employee for the summer who worked on the [redacted]’s home. Also, stating that one of my crew was ‘fired’ and rehired is not a true statement. ‘Dave’ voluntarily left my company and decided to come back – which I feel should be none of the [redacted]’s business. In addition, the [redacted]’s were also incorrect regarding my employees ages….. by a large margin.
8) Throughout the complaint [redacted] and [redacted] stated that my company was unprofessional and that the work completed will require ‘redoing’. I can only ask them: why would you verbally exclaim how happy you were with the work to me and our neighbors and why would you keep hiring my company to do additional work to your home over the course of an entire year if the work that we completed was so unsatisfactory?
9) [redacted] and [redacted] stated that ‘Like the spider who sate down beside her. Kashwitna Construction knowingly ‘Rail Roaded’ us! Seemingly, our assessment is: Kashwitna Construction, Inc. got their take: $27867.54….’ I take offense to this statement. Being ‘railroaded’ implies that I pushed them towards a specific goal when in fact, for every project I worked tirelessly for them to save them money. I used their recycled garbage materials, I involved [redacted] with repairing items to use on their home (all of the plumbing and electrical work) and I gave them a greatly improved project that substantially improved the value, safety and comfort of their home. I would encourage the [redacted]’s to look for estimates to remove and reinstall the load bearing flooring system as well as an exterior wall and 2 windows in an existing home for $8275.98. I would encourage them to find a contractor who could build an entire roof (and wall system to hold this new roof) as well as removing all of the other metal roofing on the home and then water-proofing the entire home AND reinstalling the metal roofing on the home for $9591.56. I would also encourage them to find a contractor to level all of their original floors, remove walls, install doors, install drywall, tape and texture drywall, install new flooring, repair their improperly built house as best as possible, paint, ck logs, install cabinets, etc. in a hostile environment and around all of your personal belongings in a home that isn’t close to square or level. All the while trying to explain that the most of the ‘materials’ that the homeowner would like to be recycled and installed will not work – no matter how many times the homeowner tries to get you to use it and dealing with daily changes to the ‘to do’ list…. All for $10000.00. Good luck. It seemed to me that Sheryl, specifically, wanted to get $75000 worth of work and materials for $30000. [redacted] and I had to keep trying to scale the projects back to a more manageable level, however, [redacted] would keep pushing for additional projects to be taken on. I find it particularly offensive that someone who has the audacity to actually not pay for delivered materials and labor and STEAL my pop-up shelter from me would say that they were being ‘Rail Roaded’.
Although I can understand that [redacted] and [redacted] are upset that I ended my professional relationship with them before their projects were completed, I simply cannot understand why they feel the need to inaccurately portray my work on their home as nothing less than a miracle. After all, they proudly showed it off to our neighbors…
As a contractor in a small community, I know that if you do not provide a consistent high level of work to your clients, you will quickly run out of work. I also know that if you do provide a valued service to your clients, they will spread the word about your work and you will be busy and profitable. I will let the track record of my company speak for itself – I have never (until now) had a client issue that I was not able to solve to the satisfaction of both parties since becoming a business owner 5 years ago. I pride myself on that fact and my business is successful in part because I work hard at maintaining positive relationships with my clients. My company has no shortage of work and as I stated before I do not advertise at all, I rely exclusively on the word of mouth advertisements of my clients. Unfortunately, the [redacted]’s and I have irreconcilable differences and outlooks with regards to their home and also with the way we conduct our lives. I do have something to thank [redacted] and [redacted] for: my company now takes pictures before every job for documentation and also uses legal contracts so that these types of issues are avoided.
As I have already stated to [redacted] and [redacted], my company is willing to give a $750 credit to them for the misunderstanding listed above (#6). This amount will replace necessary materials needed to install a new shower mixer (1 sheet of drywall, tape and drywall compound as well as a new piece of metal. This work should take a drywall installer approximately 5-6 hours to complete). In addition, since I felt bad about leaving the project abruptly, I am still willing to credit [redacted] and [redacted] for my personal time worked on their project during the months of May and June. I have provided [redacted] and [redacted] with an updated invoice showing these credits as well as the current amount due. However, I also added $100 to the bill for the 12’x14’ pop up tent that they requested to buy from me and still possess even though they have not paid for it. Regardless of whether [redacted] and [redacted] decide to pay their bill with my company, I have chosen to NOT file a lien on their property. If [redacted] and [redacted] choose to not pay my company for the time and materials that they agreed to pay at the beginning of the project, then they can simply live with the guilt of not paying their bills. Although I have chosen to not put a lien on their personal property, I may consider legal action in the future if [redacted] and [redacted] do not stop wasting my personal and company time with frivolous complaints.
Sincerely,
Jack S[redacted]
President, Kashwitna Construction, Inc.
PO Box [redacted]
Talkeetna, AK 99676