Lengo Construction Inc.

Complaint: [redacted]
I am rejecting this response because:
January 30, 2015
Dear Revdex.com,
I do not recall seeing the letters [redacted] sent you.  They may have gotten lost as I was moving
during this time and changed emails and mailing addresses.  I will try to address as many of
[redacted]go’s accusations as I can chronologically.
Before the start of my relationship with [redacted]go Construction,
I drew up floor plans for a house to build on my lot.  I showed the floor plan to [redacted].  He said he could draft the plans up and
would refund my drafting money if I used [redacted]go Construction to build the
house.  I paid him at that time for
the drafting work.  I told him my
specific ideas for how I wanted the house built such as a full hip roof.  I told him I had an elderly father who
used a cane and also a wheelchair and needed level access and other
accommodations such as wider doorways etc.  I also had specific ideas for the finishes on the inside of
the house and I was quite clear about what I wanted. This was a custom home from the very start, which [redacted]go
agreed to build at a set price. This was not a cheap home and I put my entire savings into
it.
When I received the plans they were hand drawn, not done
with a professional drafting computer program. I called Mr. [redacted] attention to several points that I wanted
to change and he said they could be adjusted during construction.  I also showed him how the grading of
the lot was not drawn as I had asked. Instead of redrawing the plans, he drew a red arrow which he
initialed showing the corrected height difference for the grade without redrafting
any of the heights for the house foundation or retaining walls under the house
on a sloping lot. 
The house profile plans showed the garage entry door and the
house entry door are the same threshold height, with a two-inch threshold for
both doors using the 1/8” scale.  However,
after the foundation and retaining walls were constructed, I found there was a
5-inch difference between the height of the garage slab and the height of the
retaining wall where the front door would be.  This would have made the height of the finished front door threshold
8 inches. I had to stop
construction so the problem could be fixed. I had a good reason for doing so. My dad could not get in the front door without hardship.
At this time I asked [redacted] for the Bond Detail
Report.  After seeing it, I had several questions about different
items including a charge for the drafting work. I was surprised to see that I was paying for drafting again
as I had already paid for it. I
did not mean I did not get a refund check for the work. [redacted] got very upset that I had seen
the Report and took my questions personally. I am not dishonest as [redacted] accuses.  I had a right to an explanation of how
my money was being used.  I can
supply character letters.
[redacted] worked out a Performance Order to raise the
concrete slab of the garage. I
paid half of the expenses on that even though it wasn’t my mistake.  When the garage slab was raised, the
adjoining storage room, which went directly into my Dad’s bedroom where he
could keep a wheelchair etc., also had to be raised.  This room was always part of the living space; I don’t get
how [redacted]go says it isn’t and that I should pay extra for it.  It had a pocket door with only a catch lock
dividing it from the bedroom.  The
fireproof door was on the garage side of the storage room.  The raising of the floor in the storage
room was included in the Performance Order because it was affected by the
foundation correction.
[redacted]go’s men nailed down plyboard over the concrete to raise
the height of the storage room before the roof went on.  When it rained the plyboard became
saturated and it had to be pulled out and replaced.  I told Mr. [redacted] about it.  Mr. [redacted] was upset and blamed me for this added expense.  He did not want to take responsibility
for the problem with the garage foundation in the first place.
I find it interesting that [redacted] is complaining about the
upgrades that I wanted such as additional tile work, since he wanted to put in
upgrades himself like shiplap siding, which I didn’t want.  I paid him all the money for any
upgrades and always paid the bonding company immediately.
As for the cleaning, I had built a house before, and the
contractor always kept the inside free of excessive buildup of construction dirt
and the outside free of debris. Initially
I asked [redacted]go to clean the windowsills, as they were full of piles of black
dirt when delivered that would get on the walls.  [redacted]go took out $380 from the cleaning allowance to do
this.  It cost me less than that to
do a final cleaning on the windows including cleaning and putting on all the screens.  New windows should not have arrived in
that condition and installed that way in the first place.  I could not afford to ask him to do
anymore cleaning so I did it myself. 
To protect the paint job, I had to buy a vacuum to remove all the
drywall dust and sawdust. When
[redacted]go took on the project he agreed to abide by the Home Owners Association
rules for construction, which included not having a lot of construction debris on
the lot.  I took what I could to
the dump because [redacted]go was not doing it. 
He let it build up and sit for months.  I was forced into a position of hands on by default of the
contractor.  I did not want to do
it.  Later [redacted]go added the cleaning
as a refund to a long balance sheet with other work he wanted payment on.  He refused to resume working unless I
signed the ledger. I wanted
individual invoices, which he refused to give me.  I did not even realize the remaining cleaning money was refunded.  He now says he is not responsible for cleaning
because I signed the ledger.  Far
from doing me a favor, he was trying to avoid responsibility for damage to the
garage floor because of paint, carpenters adhesive, and construction wax pencil
that requires acid to remove.
I did some of the inside accent color painting myself, which
hid the scuff marks made during construction and put on a better quality paint
over the rough spray flat paint used inside.  I did a huge amount of touchup painting because of the
damage the finish carpenters were doing to the inside paint job of the
house.  I have seen cabinets being
dragged across the floor, and power sawing being done in the living room after
painting instead of outside. I have also seen large amounts of caulking used to
cover baseboards not flush on the walls, and garbage can enclosure doors that
won’t close, pocket doors that warp or won’t lock because the catch doesn’t
line up, damage done to drywall. [redacted]go’s crew scratched kitchen cabinets putting
in countertops and then damaged the finish trying to cover the scratches.  The sink is not a standard sink size
that the plans call for and is already rusting after 3 months because it was
not caulked properly.  It is a much
cheaper and smaller kitchen sink then the allowance for it at $260. 
[redacted]go cost me additional money because of work not being
done.  He refused to install the
appliances after they were delivered telling me he never installs
appliances.  I had to pay to
replace a window vent that had epoxy on it that couldn’t be removed.  He owes me money for the half of the
expenses I put in to raise the concrete slab, which was his mistake.  He owes me money for drafting the house
plans badly.  An official at the
County Building Department called his drafting vague and misleading.  I remember I paid additional money for
a smooth ceiling even though the contract called for a smooth drywall
texture.  Mr. [redacted] said it didn’t
include the ceiling.  I also had to
pay for additional labor to put on cabinet doorknobs.  So all through [redacted]go kept jacking the prices up.
[redacted]go wants to come back in with his crew to fix a warped
pocket door.  Another general
contractor who knows [redacted]go warned me that his men would do more damage trying
to get the casing off.  There are
three doors that are having problems. I am not obligated to use [redacted]go if he is
doing bad workmanship. A $5,000
settlement on the items listed below is cheap.  [redacted]go has no intention of doing most of the items on the
list or he would have done it before I moved in.  So far all he as said he would do is one warped door. I do not want to let him back into the
house and prefer to pay another contractor to do the fixes and to use a door
that won’t warp.
I have tried to keep the list of unfixed items up to date
and have added new items as discovered, and removed some when they were fixed
such as putting on the new window vents which I picked up and installed myself
because I do not want [redacted]go in the house. 
Some things are still in process and I have put that on the new list.  The first list I sent shows the
original list I sent [redacted]go and [redacted] to prove that the scratches on cabinets
were done before I moved in.  [redacted] said that I made them after I moved in. See attached pictures. 
I have more but the Revdex.com website stopped the addition of more photos.
[redacted]go said I accepted the house when I changed the
locks.  I changed the locks because
of the bad job his men were doing on the inside and wanted to be there to stop
them.  This came after [redacted] took
all the window vents off the 8-foot windows, sawed the vents down and voided
the warranty on the windows.  I
just happened to check in when he was putting them back up.  He did not tell me he had sawed them
down and tried to hide it.  I got
the idea of changing the locks from another former homeowner of [redacted]go’s who told
me they had to change the locks because of the bad job his men were doing on finishing
inside their house. I decided it
was a good idea.  Changing the
locks does not constitute acceptance, it constitutes defending against bad
workmanship. I had to fight with
[redacted]go every step of the way to get things corrected and I paid additional money.
Construction still needing to be finished updated 1/30/15:
Carpentry:
Install floor molding in garage and laundry room (owner had
to pay another contractor to put in molding in laundry room so could install
appliances)
Replace kitchen island corner cabinet door scuffed by finish
carpenters and side panel left of stove. There are also other areas of damage
to cabinets.
Lower cabinet side panel in shower bathroom not put on.
Storage room door threshold support is sticking out past
threshold plate 1/3 inch
Finish fixing doors of garbage can enclosure.  When enclosure doors were fixed,
because they wouldn’t close, the Hardie trim cap was removed over the support
uprights and not replaced looks unfinished.
Painting and drywall:
Remove remaining scuffmarks on walls in house and garage
(owner completed since contractor not completing, also owner finished painting
not done)
Clean paint off outside vinyl window frames
Remove paint, and carpenters adhesive off garage floor and
garage sidewalk (needs to be removed with acid)
Upstairs Shower and whirlpool bathtub:
Whirlpool bathtub, window, and shower tile have epoxy grout
on them that needs to be cleaned off, epoxy grout also in/on cabinets, grout
missing between tiles
Misc:
8-foot window by front door has gouges in track done by
workmen 
One of the garage door panels is punctured on inside of
garage
Warped pocket door between bedroom and storage closet
Bedroom pocket door latch does not line up with metal base
in casing unable to lock
Second bedroom door also warps when temperature and humidity
affecting it
Outside final grading not done to plans
Outside entry doors painted with inside paint not outside
paint
Electric:
Two phone jacks not working (I have called the electrician
who says he will come)
Kitchen Sink:
Sink in kitchen not according to plans which show larger
standard size kitchen sink
Kitchen sink not caulked properly and rusting
Sincerely,[redacted]

He is the best contractor ever. He takes great pride in his work. Straight up kind of guy. He is building my custom home at an affordable price??

Dear: I just received your letter  dated January 5, 2015,regarding  a complaint filed by [redacted]. Unfortunately, I did not get this earlier due to the fact that for over two years my office has been at [redacted].My mailing address however,...

as listed above,is still at the [redacted] Post Office. Regarding Ms. [redacted], Lengo Construction has always treated her with the utmost respect.  We built her a beautiful home, well-constructed and completely approved by the County of Maui and her Home Owner's Association.   Her involvement in the construction process was quite extensive and she failed to take ownership of many of her mistakes. Unfortunately, she is under the misconception that  Lengo is to blame. As I have informed her many times, I remain committed to returning to her home to fix any legitimate warranty issue. Enclosed are two of the recent correspondences I would like to add to the record. Should you wish to speak with me, please don't hesitate to call.

Complaint: [redacted]
Dear Revdex.com,
Mr. G[redacted]’s does not want to take
responsibility for what Honsador Lumber, the bonding company, calls warranty
matters with my house, as seen in the punch list that I earlier provided. His vitriol is unprofessional.  I will explain the Exhibits Mr. G[redacted]
has sent in.
In Exhibit 1 the email shows that I brought
Mr. G[redacted] of Lengo Construction my designs.  It shows that I had designed several h[redacted] and was in the
process of redesign after my HOA rejected a house design I did they thought was
too close to the road and wasn’t able to be set back due to a gulch. Ultimately I redesigned the house
completely into a two bedroom, two bath, which is the one I contracted
Lengo to draft and construct. I am always open to suggestions and he suggested
a deck in front, which I told him to enclose instead.  He also suggested extending the baths two feet out in a bay
on my floor plan. Exhibit 1
supports my saying my house is a custom home.
The fact that I was on a budget I do not refute
and have never done so. Mr. G[redacted]
gave me allowances saying that if I went over them I would have to pay extra,
which I did.  I have always paid
what I owed him and have no liens by any of the subs against the house.  Mr. G[redacted] made suggestions, which I
approved or rejected.  We built the
house according to my designs and vision, this was not a model or kit home.  Mr. G[redacted] bid for a set price saying he
would give me back my drafting fees if I went with him as a contractor, which
was the reason I used him as a draftsperson. I am sorry Mr. G[redacted] misunderstood my concern over the
drafting fees. I thought it was a
true refund, and not that my refund was coming out of my construction money. Honsador Lumber gave me the balance
sheet showing the charges to the Bond. 
They agreed I had a right to see it or would not have given it to me.
 
Whether you call my house an affordable home
or a custom home, I am still entitled to have the warranty issues corrected.
 
In Exhibit 2 and 3, the dates show June and
July of 2011 respectively. The correspondence is before the final contract with
Lengo Construction. The final contract added in all items of construction,
except for the flooring, to Lengo Construction’s responsibility. I decided not
to take on the inside construction responsibility because I was teaching full-time
and also had to take on more responsibility for the care of my father. I am sending the receipt and Change
Order for the amendment to the contract in which Lengo assumed full
responsibility for finishing the house except for the flooring.
 
Exhibits 4,5, and 6 are dated April 20, 2012
and show pages from a contract that was prior to the later amended contract.
The April 20, 2012 contract was amended in a Change Order, June 27, 2012, before
the start of construction, adding all the inside finishing to Lengo’s
responsibility except for the flooring. The final bonded contract was for
$235,300.  It included all the
items listed in the Change Order, June 27, 2012 to be completed by Lengo
Construction. Lengo is completely
responsible for all construction except the finish flooring.
 
Exhibit 7 refers to emails having to do with the
agreement made to raise the slab of the garage floor to fix the mistake in the
foundation height of the house. At the end of the first Bond draw Lengo walked
off the project after the slab was not poured according to our agreement to
keep the floor near level. See elevation
plan showing front door threshold at 2 to 3 inches, not 7 plus inches after
subfloor, flooring and threshold plate are added above the retaining wall. Mr.
G[redacted] drew imprecise plans with foundation conflicts.  The drafting work is in contradiction with itself.  Honsador Lumber worked out a Performance
Order to fix the threshold height and to get Lengo to complete the house.
 
To rectify the problem, concrete was poured
on the floor of the garage to raise it 4 inches. The height of the floor in the
adjoining storage room/back entry was affected; it also had to be raised. This
was put into the Performance Order (item 15) signed by Mr. G[redacted]. I will provide the Revdex.com a copy of the
Performance Order.  Lengo and I
each agreed to pay for half of the cost of $4,984 to JD Pacific for raising the
concrete.  I have sent you the
Concrete Repair Proposal, specified as such, by JD Pacific who reviewed the original
plans.  How to raise the floor was
a discussion between Lengo Construction and JD Pacific who poured the concrete
fix.  I facilitated correspondence
between the two as specified in item 5 of the contract. This is what Exhibit
7’s emails are about.  Mr. G[redacted]
signed the Performance Order saying he would extend the subfloor. 
 
Exhibit 8: Many items were discussed in the
planning stages before construction began which did not make it into the final
contract. Due to costs I decided on Hardi panels, which is what is on the house
and in the contract, but before the panels went up Mr. G[redacted] suggested that we
again use the shiplap, but I said lets stick with the panels.  Ultimately, I also went with Pex pipe,
which Lengo suggested. There were many discussions as to what to use.
 
Exhibit 9 is a worksheet Mr. G[redacted] wanted me
to sign and pay his balance on or he would not work on the house.  I asked for individual timely invoices
on the items, which he had done earlier in the construction. My problem was
with the lack of proper invoicing. 
I sent him money for the overage costs, which he refused to cash. I signed his balance sheet to keep Lengo
from walking off the project again. I sent an email to Andrea Donnell of Honsador December 9th,
about what Lengo was doing two days before I signed the worksheet on the 11th.
I have sent several of the
correspondences to you, which show the problems I was having with Mr. G[redacted]. I was concerned because before he said
that if I did not pay him for the subfloor, which he agreed to do in the
Performance Contract item 15, he was going to jack up the cost of other items. 
 
Exhibit 11 is a letter I wrote after talking
to the drywallers, who told me they were going to put in a brush ceiling as
instructed by Lengo. I did not agree to a brush ceiling with Mr. G[redacted]. I paid
for the price markup to a smooth. The price difference from a brush rather than
a minimal orange peel is not worth disputing. I forgot that I had said I would
accept a minimal orange peel on the ceilings if I could not get smooth. I did
not agree however to a brush.
 
Exhibit 12 says that I agreed to standard
builder grade plumbing fixtures. 
The sink Lengo installed is not a standard kitchen sink size.  If you go into Lowes or Home Depot to
look at sinks you cannot find the size he installed in their stores.  It is less wide from front to back and only
6 inches deep. It is also rusting and badly caulked as shown in the earlier
sent picture. The plumber Lengo used acknowledged to me that it is a smaller
kitchen sink than regular a few weeks ago when he came out to look at a leaky
main shut off valve which he says he will fix. I had picked out a kitchen sink at Lowes and agreed to a
higher price for it.  Ram
Construction said they would pick it up, but Mr. G[redacted] changed his mind. He said if I wanted the sink I would
have to purchase all the fixtures including toilets etc. He appeared to me to
be leveraging his position because he did not want to purchase the plumbing fixtures
himself even though it was his responsibility.
 
$5,000 is more than a fair settlement for the
items on the punch list as just replacing the sink and faulty pocket doors, painting
over the damaged garage floor, painting of the outside doors, and repairing
cabinets will be more expensive than $5,000.  I have more photos I can send in, but was limited by the file capacity. I paid Lengo Construction all the money that I owed them and believe Lengo Construction should
take responsibility for their mistakes and warranty matters. 
 
Sincerely,
 
[redacted]

Complaint: [redacted]
I am rejecting this response because:
 
It has become clear that Len G[redacted] has no interest in
resolving my original complaint regarding the warranty items on my house.  Instead things have gotten far afield to
unrelated matters and he has made it personal and insulting.  I am busy caring for and overseeing the affairs of my elderly father, and teaching full time. It is too much stress to deal with Mr. G[redacted] in addition.  I have no
wish to continue corresponding with him.
 
Sincerely,
[redacted]