McNeely's Enterprise Inc

Review: McNeely failed to complete construction of our bakery retail store space located in [redacted], MD. He was paid over half his contract amount and missed our completion deadline of September 2, 2012. In January, 2013 we failed the health department/environmental services department inspections. In Februaby, 2013 I had to hire another contractor to complete the work and help us pass inspection so I could open my bakery. I had to pay rent on a space I could not occupy because construction continued long past our deadline. McNeely did not pay any of his subcontractors and they are coming after me for the money, although I only contracted with McNeely. He breached our contract when I was not open on September 2, 2012. He also breached by not finishing the work. When McNeely did not finish the work he was contracted to complete, I withheld 33% (1/3) of the contract amount. I also had a water leak that forced me to close my bakery for a least a week this month. Turns our McNeely and his subs ran condensation pipes for my A/C into a wall, covered the pipes with installation, and let the pipes drain into the wall and along the floor. Black mold was found, the floor had buckled and a water restoration company had to come in for cleanup and mold treatment. I'm currently in contact with an attorney to discuss my legal options. McNeely did a horrible job. I would not recommend him to anyone else. I still have pending repairs due to the water damage. McNeely was extremely negligent with my project. Please do not let him do this to another business.Desired Settlement: I just want the Revdex.com to be aware of the situation. I would like McNeely to stop trying to collect the last third of the contract. As far as I'm concerned, he was overpaid for the work he did complete. As for the rest, I'll consult an attorney.

Business

Response:

These allegations are not true at all.The job was 100 % completed and opened for business.[redacted] is trying to get out of paying the large 21,000. debt that she has occurred.I am very,very willing and so are my sub contractors to have Revdex.com and the court system to arbitrate these matters.this is the very first time that I have heard about the condensation pipe situation or been notified.[redacted] and her husband held a meeting with mcneely home enterprise and all the sub contractors [redacted],[redacted],s [redacted] my helper and [redacted] mcneely my wife.on approx. jan 05,2013. [redacted] and her husband stated to everyone that they was very happy with the work on the bakery.they both stated that they had ran into some issues with the bank financing and that everyone would get there money after she file for her taxes in feb 2013.[redacted] failed to come up with the second payment contracted because of bank financing she stated and only paid 7,000. of the 15,000.that was contracted ,due and promised.[redacted] asked if I would continue to work because she did not have the 15,000. and to please work with her on her situation.also during the entire project every business owners that,s in the shopping center came through daily including the owners of the building to view the project and stated many times how everything was looking good.each phase of the project was thoroughly inspected by [redacted] County inspectors and many other spectators.the contract was breached and should have stopped the work when she did not have the second payment of 15,000. so that I could finish paying my subcontractors.we are looking forward to an conclusion.

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because: All my allegations are true. I'm not trying to avoid paying Mr. McNeely. I only withheld a percentage of the contract payment because I had no other way to insure my job would be completed by McNeely since we were five months behind schedule at the time he left the job in January 2013. My bakery was supposed to be open for business September 4, 2012. Furthermore, I see Mr. McNeely has also increased the balance owed on the contract by $3,000. I'm not sure what the extra funds are for since I never approved any change orders or extras. I have photo and video evidence of McNeely's incomplete work as well as the negligent work that caused significant water and mold damage to my bakery. I also have statements from all contractors that have come in to repair and replace work done by McNeely and/or his subcontractors. I'm looking forward to resolving this issue as soon as possible. I appreciate all efforts the Revdex.com is making to help our businesses resolve this conflict.

Regards,

Business

Response:

a time frame for my completion was never stated ,guaranteed or written in the contract. I explained to [redacted] before entering into the contract that I will not guarantee or write a completion date because I have no control over situations that could and did occur. [redacted] was advised about the extra expense that came up and not on the plans or contract .The [redacted] inspector requested a grease trap to be installed, the oven needed a stainless steel backsplash, the oven duct had to be reordered and custom made because the one she had was the wrong size. A security cage was custom made and installed around the heat pump unit to prevent theft which an attempt did occur but was unsuccessful because of the security cage. just the copper tubing was stolen. I have all the receipts from the additional work that was needed for the bakery.[redacted] truly knows that we have done a good job for her and went far beyond the call of duty for her. It's amazing how [redacted] and her husband,family watched the entire project from start to finish and was very pleased with all the work and how great everything looked and how excited she was. But now all of a sudden we all did such a bad job.Simply amazing. I know that McNeely Home Enterprise and all Sub Contractors have done a good job and We all deserve to get paid. I have treated her bakery as if it was my own and have been honest upfront and worked very diligently on this project .She is renting the space.++++++++++++++++++++++++++++++++++++++++++The building owner have NO COMPLAINTS.

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because: There is nothing "amazing" about the situation we're in. I have no problem admitting as the job went on I was pleased with the work. I told Mr. McNeely as much. I also know that the owners of the shopping center were pleased at one time with McNeely's work. But we are not contractors. We all were commenting on what we saw on the surface. We didn't know to look beneath the surface. I never had a walk-through with McNeely because he did not see this job through to the end. So when my floor starts to buckle, my ceiling leaks, my walls are bubbling with water, my walls are covered in black mold, my heat does not work, and my A/C does not work what am I supposed to do? These are things that happen once you move in and start to work in a place. You begin to turn things on, walk on floors that feel like mountains and not flat plains. This is exactly what happened with my retail space. I was not looking over McNeely's shoulder every step of the way. I would come in to check on things and walls were up, floors were laid, ceilings were already in place. I didn't know to check to see if McNeely put insulation in the ceiling (which he did not). I didn't know to check to see if all the duct work was connected to the ventilation system ( which is why my heat was not working when I finally opened for business in February 2013). As I said before, I'm not the contractor. McNeely was hired because he said he could do the job right and get it done in a timely manner. I hired him to know what needed to be constructed in order for us to open for business. I understand things come up during a project, but this project took entirely too long and I was not kept up to date with everything as the project moved along. I received surprises of my own during this project.

This project was not someone's home basement. This project was a retail store space, and time was of the essence. Whether McNeely wants to admit this or not, we had an agreement as to when the bakery would be open for business. As I stated before, I know unexpected things can come up during a construction project. But we were still not ready to open for business in January 2013 when McNeely and I parted ways. This project began June 2, 1012. I believe eight months is more than enough time to finish a space that's less than 500 sq. ft. no matter what unexpected surprises come up. We agreed the job would be done in three months. I see we clearly have different ways of viewing this conflict, and I'm not sure we'll be able to resolve our conflict with dialog alone.

Regards,