MD Maui LLC

We are in receipt of the complaint from the homeowner/customerWe have attempted to explain to the homeowner that we go by the Contractor Agreement (see attached) and any changes are to be done in writing and agreed to in a Change Order form (see attached) · Please note that on the Contractor Agreement the total amount of $4,reflects work done to the downstairs hallway/washer dryer closet (estimated at $2,943.11) and the upstairs master bathroom (estimated at $1,806.25)After the original phase of work (remediation) to the upstairs/master bathroom, we had provided the homeowner and the AOAO insurance with an estimate for reconstruction the roomAt that time the estimate for reconstruction was $1,(see attached, estimate # [redacted] )It was determined that the loss was due to the roof leaking and therefore the AOAO agreed to pay 50% deposit in the amount of $(payment received on 05/23/from AOAO), which could be applied to any work to the master bathroomThe AOAO agreed to pay the remaining balance of $upon completion of any type of work the homeowner wanted, but it was only to be applied to the upstairs/master bathroom workPrior to the work the homeowner had already conveyed that he was remodeling his unit and would like to use the funds from the AOAO towards his renovationThere are many facets to the remodel project that they wanted to their unitTherefore, we asked that it be done in phasesWe were asked by the homeowner to provide an estimate to modify the bathroom to expose his ceiling, move a closet door to open into the bathroom instead of the bedroom and other type of work, it was estimated at $2,(see attached, estimate # [redacted] -HO)The homeowner changed his mind again and asked that our firm provide him with a new estimateWe had revised the estimate as per the homeowner’s request and emailed it on 06/23/2017, it was estimated at $3,(see attached, estimate # [redacted] )The homeowner stated that he would like to proceed with the work and it was completed on 7/21/Due to the many changes/estimates to the upstairs master bathroom we had written up a new Change Order form dated 06/27/2017, which made and stated that the two previous estimates are hereby made null and void (estimate # [redacted] and [redacted] -HO)The revised estimate for the work to the upstairs bathroom was $3,We received an email from the homeowner stating that line item #on estimate # [redacted] was for the installation of the drywallWe had then informed the homeowner that the line item #is for “Labor Minimums Applied,” it is the minimum amount our firm charges to conduct drywall related work, which is standard in our field of workWe also informed the homeowner that the estimate reflects “Remove” in the line items, except framing and plumbing vent Please let me know if you need further details or past emailsBut, we do go by the signed agreements and change forms

Subject: 2191 [redacted]. #[redacted] / Homeowner: Gary D[redacted] / Revdex.com Complaint ID: [redacted]Aloha Kaina:Please be informed that we had received your letter dated November 23, 2016 on December 2, 2016. Thank you for giving us the opportunity to respond to Mr. Gary D[redacted]’s...

concern/statement. We have attempted to resolve the claim with the client and we hope that you will be able to assist us in concluding to an fair and agreeable term by all parties involved.For reference, I have attached the work scopes for the remediation and reconstruction phases of the work that was conducted to the above referenced unit. We would like to respond to his complaints/statement of problem:1) “They did complete the work but in doing so they left the our place in a complete mess that took two people over 8 hrs to clean.” Per the Contractor Agreement (see attached (clear copy and executed)) it states in Article I, under Standards of Work it states: “Contractor agrees to remove all debris and leave the premises in broom-clean condition.” Our reconstruction crew removed all debris and left it in a broom clean condition. However, since the homeowner were not satisfied we agreed to remove all cost associated with “Final cleaning – construction-residential” in our reconstruction work scope, which came out to be $23.34. To settle on the matter, we agreed to credit from his balance amount due of $150.2) “They also reinstalled a broken toilet that was not broken before they got there.” We have informed the homeowner that we did not remove the toilet in the bathroom (please refer to the remediation work scope). The building manager had hired their own plumber to remove the toilet and placed it in the bedroom, so that they will have access to the common area plumbing located behind the toilet. Our firm conducted a portion of the reconstruction as per the work scope the toilet was the last item to be installed. This was done the day prior to the homeowner arriving to Maui. Since, they were unreachable as they were on a flight to Maui, we had decided to have the toilet installed as they were staying in the unit and it was in our contract to reinstall the toilet. Note that we had no authorization to purchase a new toilet. Since, they were staying in their unit we felt it was important to have a working toilet in the unit. To settle on this matter we agreed to not charge him for the reinstallation of $152.25.   3) “They broke the leg on our desk and a light fixture in the unit as well which they finally admitted was there fault.” Please note for the record that we had never admitted to breaking the leg of the desk nor the light fixture. We did state that our reconstruction crew noticed the light fixture was cracked and may have been possibly from our crew. We do not know at what point it cracked or if it was already cracked and our handling of the fixture caused it to come apart. But, since our crew brought it to our attention we offered to pay for a new one based on our estimating software of $115.60. Please note that he originally requested for $105 (labor and material). As for the desk, there were water damage to it and the veneer had started to come apart, since it is made of compressed wood it would have compromised the integrity of the wood when it made contact with the water on the floor and would cause it to expand. However, to settle on the matter we kindly agreed to a $90 credit towards the remaining balance amount due.The homeowner’s last email to us stated that he would like to have $300 for cleaning and $180 for the desk. We had decided to meet him half way and credit him $150 and $90 towards the remaining balance amount due of $5,239.28. Please note that our firm agreeing to settle, is in no way of admission or fault. The following is a calculation as to the terms our firm had agreed to, which we feel is justifiable (see attached statement with adjustments):Mitigation/Remediation     2,101.73 PAYMENT   (2,101.73)Deposit for Reconstruction     3,213.71 PAYMENT   (3,213.71)Remaining Balance amount due     5,239.28 Toilet      (152.25)Light Fixture      (115.60)Desk         (90.00)Cleaning      (150.00)Adjusted balance amount due     4,731.43 Please feel free to contact me with any questions or concerns at (808) 877-8989 ext. 3. We thank you for your understanding and assistance in this matter.  Mahalo, Sun G[redacted]MD Restoration Maui(a division of MD Maui LLC)415 Dairy Road, Suite E-237Kahului, Hawaii 9673224 hour office: (808) 877-8989Toll free fax: (888) 266-2251Email: [email protected] License #CT-33121Confidentiality notice: This email message, including attachment(s), is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

We are in receipt of the complaint from the homeowner/customer. We have attempted to explain to the homeowner that we go by the Contractor Agreement (see attached) and any changes are to be done in writing and agreed to in a Change Order form (see attached). ...

·         Please note that on the Contractor Agreement the total amount of $4,749.36 reflects work done to the downstairs hallway/washer dryer closet (estimated at $2,943.11) and the upstairs master bathroom (estimated at $1,806.25). After the original phase of work (remediation) to the upstairs/master bathroom, we had provided the homeowner and the AOAO insurance with an estimate for reconstruction the room. At that time the estimate for reconstruction was $1,806.25 (see attached, estimate #[redacted]). It was determined that the loss was due to the roof leaking and therefore the AOAO agreed to pay 50% deposit in the amount of $903.13 (payment received on 05/23/2017 from AOAO), which could be applied to any work to the master bathroom. The AOAO agreed to pay the remaining balance of $903.12 upon completion of any type of work the homeowner wanted, but it was only to be applied to the upstairs/master bathroom work. Prior to the work the homeowner had already conveyed that he was remodeling his unit and would like to use the funds from the AOAO towards his renovation. There are many facets to the remodel project that they wanted to their unit. Therefore, we asked that it be done in phases. We were asked by the homeowner to provide an estimate to modify the bathroom to expose his ceiling, move a closet door to open into the bathroom instead of the bedroom and other type of work, it was estimated at $2,723.25 (see attached, estimate #[redacted]-HO). The homeowner changed his mind again and asked that our firm provide him with a new estimate. We had revised the estimate as per the homeowner’s request and emailed it on 06/23/2017, it was estimated at $3,632.87 (see attached, estimate #[redacted]). The homeowner stated that he would like to proceed with the work and it was completed on 7/21/2017. Due to the many changes/estimates to the upstairs master bathroom we had written up a new Change Order form dated 06/27/2017, which made and stated that the two previous estimates are hereby made null and void (estimate #[redacted] and [redacted]-HO). The revised estimate for the work to the upstairs bathroom was $3,632.87. We received an email from the homeowner stating that line item #18 on estimate #[redacted] was for the installation of the drywall. We had then informed the homeowner that the line item #18 is for “Labor Minimums Applied,” it is the minimum amount our firm charges to conduct drywall related work, which is standard in our field of work. We also informed the homeowner that the estimate reflects “Remove” in the line items, except framing and plumbing vent.     Please let me know if you need further details or past emails. But, we do go by the signed agreements and change forms.

Complaint: [redacted]
I am rejecting this response because:
The initial estimate for reconstruction of the upstairs
bathroom was $
The contract specifically states that this was for drywall,
painting & texturing
This money was to be paid by the Homeowner's AssociationA
50% deposit of $was paidThe statement by MD Restoration that this
money could be used for another purpose is a blatant falsehoodAt no point was
it suggested or approved in any manner that this money could be used for any
purpose other that drywall, painting & texturing
The statement that we wanted MD Restoration to do the
bathroom renovation in stages is another falsehood
The next sentence in their response is again a
falsehoodThe estimate of $they referred to did not include the
reorientation of the closetThey sent an email containing the estimate in
which the estimate is clearly identified as being an addition to the work
previously agreed upon, i.edrywall, painting & texturing
We removed the cost of an electrician from the
estimate bringing the cost down to $in addition to the $for
drywall, painting & texturingThe total cost was $ We agreed to
proceed and deposits were paid, $from the Homeowner's Association and
$from usWe asked for an estimate for some additional work
which included changing the entrance of a closet from the bedroom to the
bathroom hall and demolishing the tile floor and walls and removing the
bathtubThe estimate was $If we had asked them to do all the work
included in that estimate, the cost of the project would have been $At
no point have they denied that drywall, painting and texturing would have been
included in that amountWe requested that the additional work itemized in the
$estimate be limited to reorienting the closet and demolishing a mirror
and backsplashThat was less than half the work included in the estimate of
$On June 13th, I sent them an email specifying the scope of work and
requesting that they proceed with the projectThe scope of work clearly lists
drywall, painting and texturingThey sent a revised estimate of $for the
entire projectThis was $more that the previously agreed upon amount of
$3168.84, reflecting the incremental cost of reorienting the closetDrywall
replacement was specifically listed in this estimateAt no point did MD
Restoration advise us that they did not intend to replace, paint & texture
the drywallAt no point did they advise us that they did not intend to follow
the scope of work we had sent themIt would be impossible for any reasonable person to
believe that MD Restoration Maui did not know that we expected them to replace
the drywall and paint and texture the drywall
Their actions are, at best, grossly deceptive towards
us and clearly fraudulent in regard to the Homeowner's Association
Sincerely,
[redacted] & [redacted]