Modern Builders & Developers, Inc.

Initial Business Response /* (1000, 5, 2017/06/01) */
Contact Name and Title: Jason Mayberry - owner
Contact Phone: 417-434-1063
Contact Email: [email protected]
Mayberry Construction, Inc. is sorry to hear this customer is displeased with our service. We strive to provide...

excellent service to all our homeowner's. We have offered to replace the elevation that is in question to ultimately resolve the problem. The homeowner has refused to let us completely replace the elevation, and we are still waiting on her to call back to let us know when we can get started. We would be glad to accommodate her at her earliest convenience. We are available M-F 8:00-5:00 PM.

Initial Business Response /* (1000, 9, 2015/06/25) */
To whom it may concern:
Mayberry Construction Inc. would like to address the complaint activity report Case #XXXXXX. In this report she is saying that we installed the roof improperly by using 15# felt instead of 30# felt and only nailed the...

shingles at 4 nails per shingle. If you read the installation instruction on the shingle it only states that it needs one layer of underlayment. This does not specify 15# or 30#. I've talked to the shingle representative and this does not void any kind of warranty. Also, if you read on the installation instructions you will see that it says four nails per shingle in the standard nailing pattern. That's what we did since it was a standard roof. Since she was unhappy about the felt situation we had a meeting with the adjuster, her, and myself. We didn't do anything wrong but, I was trying to come to some sort of settlement, so we offered to credit her 5% off the roof. She accepted that. You can call [redacted] the adjuster as a witness (XXX-XXX-XXXX). She is also disputing over a steep charge in the estimate. In the contracted estimate that she signed and agreed to it has a line item charge called "additional charge for steep roof - 7/12 to 9/12 slope". This is an insurance standard charge that we get paid for. Her roof is withing the specified line item. She is saying that we don't deserve to get paid for this even though she signed a contract stating that she agreed to pay us for it. Doesn't make sense. Also on the roof I gave her a moisture guard product in the valley as an upgrade from the metal valleys. I did not charge her any additional money above what the initial contracted amount was for the metal valleys. I did this as a customer service courtesy.
As far as the OSB situation, it was originally used to temporarily cover up a hole in the roof that the tornado caused. This OSB was then covered by a tarp. We pulled this OSB off and did the repairs in the attic and then just used this OSB to permanently sheathe this area. The OSB was still in good condition and this is why were used it. All she wanted at the time was to credit her the cost of the OSB, which is what I did.
She mentioned that we didn't repair all of the damaged rafters in the attic as a result of the tornado. We tore off the area that was affected and replaced it. I feel like we did a better structure repair than what she had before. She had 2x4's and we used 2x6 rafters. I was never informed about an inadequate repair job on her rafters. This goes along with the checker board repair job that she says we did. She had damaged 1x12 and 1x6's so what we did is replace the bad boards. Whenever we do this we cut out the bad boards back to the nearest rafter and then install new deck boards, no shorter than a around 4' sections. She already had sections of board preexisting that were approximately this short. This is standard practice for this kind of repair. (I have photos of the roof during the repairs that prove this.)
The dumpster situation started by me ordering out a dumpster to start the job. This dumpster was billed directly to me as a normal job. We used this dumpster during the roof repairs. Apparently other neighbors in the community started throwing debris inthis dumpster and so the homeowner got the city to cover the cost of the dumpster through [redacted] Because this dumpster was full of other peoples debris, [redacted] set another one for us since they had already invoices us for the first one and we had paid for it. She said she doesn't feel like she owes it since she got the city to pay for the other one. The homeowner signed a contract paying me to have a dumpster out there and we paid for a dumpster. At that time we had a lot of additional debris that needed to be discarded.
During this whole job I have never yelled or bullied Mrs. [redacted] but yet she says that's what I have done. She has a bill and breakdown of the charges that I am billing her for. All of which have been completed but not paid been in full. Now she allegedly has a leak in one of her pipe flashings. It was not in our contracted estimate to replace any kind of flashing around a smoke stack. We replace all pipe jack flashing whenever we do roofs but smoke stacks are usually left unless otherwise specified.
Mayberry Construction Inc. has been in business for 36 years. We strive on quality work and service and it is unfortunate that Mrs. [redacted] feels this way and has a negative opinion of this situation. I can only wish she were pleasable in any fashion. I feel like it is no coincidence that her home is one of a very few out of around 150 homes affected by this tornado that has not completed her repairs (Baxter Sprigs tornado on April 27 2014). Just in the short time that I was involved the insurance adjuster along with a certified engineer had been out there multiple times to try to please Mrs. [redacted] but yet it never got resolved. I feel like this should raise a red flag on what kind of situation we're dealing with.
Initial Consumer Rebuttal /* (3000, 11, 2015/06/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This response came as no surprise. The "we didn't do anything wrong" is standard with them. My insurance policy is replacement cost coverage therefore like materials should have been used. I not only asked for 30lb felt they also tore off 30 lb felt & should have used it instead of "whatever was left from their last job". No one said I wanted 2 underpayments. What was that statement even about? I also had a 6 nail application to the roof they took off therefore 6 nail application should have been used on the replacement and was also what I requested and was told they would do. Not "just minimal requirements for an older house" If you read [redacted] warranty the 4 nail application comes with a 110 mph wind speed the 6 nail 130 MPH wind speed warranty. This is directly from their website, "++coverage requires a 6-nail application and the use of [redacted]
Starter Strip Shingles on the eaves and rakes;" I also doubt that he did the proper registering & other material requirements for the warranty. It was very clear to them that I was not satisfied with how they did the roof. At no time did I say I was. They asked if I was happy, I said no, but I paid anyway which was stupid of me to do. However he was saying we are a Christian company if there are any problems we will be good for it. Other roofing companies said I should make them tear the roof off & redo it. The day [redacted] & I met [redacted] even mentioned that would be drastic measure but that I could require that & told us that he told [redacted] that he screwed up big time. [redacted] stated that my roof wasn't steep, that they only use 30 lb felt on steep roofs yet he wants to be paid for a steep charge. Go figure. Now he is even saying that the OSB used to covered the 20 foot hole in my roof was my used, old, laid out in the weather, with nail holes in it thinner OSB. I did not know that until his response in his letter to you. That should have been the thicker stuff & new. He did not get my permission to use the OSB, after they had used it because they showed up at the job site without it, then he asked if he could just credit me that amount. What do you do, tell them to rip it off? He also told me he used my OSB the thinner stuff on the front, & back porches, & garage now the house too but my OSB was only worth a fraction of whatever he used of his which at this point must have not been much. I certainly would not have given them the okay for that beforehand to use old thinner OSB on my roof. For one it wasn't even my OSB to let them use. It had been brought up by friends and family the night of the tornado and used to temporarily cover the hole in my roof. The metal valleys has a charge on his bill of [redacted] plus I paid him another [redacted] because that is what he said it cost. Therefore I am not getting the "ABOVE & BEYOND" statement about the metal shield. I think that is what the insurance paid for and he charged for. What is above and beyond about [redacted] The fact remains that my roof is leaking and he is refusing to fix it. I have paid [redacted] & it should NOT be leaking! So much for the reputable Christian company in business for 36 years, uh? He feels like? He feels like he did good enough job for an middle aged single woman in a modest home. The 2 x 4's that he allegedly replaced were of superior wood, he used #2 lumber on the boards he actually did replace. Which 2 x 6's are "standard" now days so using them wasn't anything special. On older homes you pay higher premiums because of the building materials in them yet they replace them with #2 lumber. There are still broken trusses that were not repaired, and boards not even nailed in. He also shimmied boards that were not long enough instead of replacing it with ones that were long enough. Very bad work per every one of the contractors that have seen it since his mess. As far as the patch work, once again he is admitting his company only does bare minimum and I am sure they thought they could pass it off on a single woman. I wouldn't know any better. Still other contractors have said that should not be acceptable that the old wood and new wood will expand and contract and I will be lucky to get 5 years out of it. So what is his argument on the dumpster? The city paid for the one he used. He defiantly had another dumpster that was never used delivered to my house. I can't help that. I told him about city paying for one he was using & his exact words, 'so that isn't going to help you are still paying for it". Why I ask? Why is he billing me [redacted] no wait the new edited bill to insurance company is less. They can't seem to decide how to assign the charges. Anyway I will use a dumpster moving forward but I will not use Mayberry so again, why does he think he should be paid for a dumpster he didn't use and even if he did he didn't pay that much for it. Before I even got a bill, even without being satisfied, he told me the total for the roof which was over [redacted] so I paid it. The roof was completed so he should have known the correct amount. However, after 4 months I get a bill for [redacted] more. I had to ask for details because it was just a total. After I thought I had paid for the poorly done roof, he charges even more. Stupidly I paid another [redacted] Yes the insurance companies structural engineer came back 4 times because they were denying that the cracks in my walls and the doors not shutting was prior damage. [redacted] asked me how often I looked above my windows to see if there was a (1 inch wide, my floor ended up needed to be jacked up 1.5 inches.)crack, or maybe I didn't notice that the floor was slanted before the tornado. And besides he wasn't there he doesn't know if I am telling the truth. First trip their engineers peered in through the gable vent for less than 5 minutes to determine my roofing system didn't need replaced as Mr. Mayberry had originally determined. The second time was after I discovered the cracks in the walls and doors not shutting. He spent about 15 minutes at the most and didn't view the whole house and said my house was old & just normal settling. 3rd time was because my back door wasn't shutting and he had never even looked underneath the house to see why. 4th time was because he never looked above the suspended ceilings to see the cracks in the ceilings and walls. I had to discover them myself and bring them to their attention as they did not do a thorough job. They kept saying it was prior settling but I knew better. I have since hired my own engineer that has deemed the damage in fact tornado damage. After all my house was hit by one. Now on top of being in a tornado, dealing with them on these issues I also have to hear some punk kid smart off about me taking too long to get my house fixed and that should cause red flags. When does it end? Some of my neighbors houses are not even there, they have been torn down leaving empty lots. I have been told that it will be difficult to find a roofing contractor because no one wants to go behind Mayberry because they have to redo everything. Speaking of which in talking about the red flags he is quantifying and confirming my statements of his defamation of character against me. He has told people that I didn't pay, etc, that I was crazy and difficult to work with. Why? because I wanted him to do the job right and not have a roof leak complete with ceiling damage and him refusing to fix it within a years time? Oh and since you have a leak now let me inform you that we don't replace the boot around the smoke stacks. My contractor asked me if he knew it wasn't a smoke stack that it was a heating vent and should have been replaced. I want restitution for bad faith, defamation of character and a new roofing system by someone that respects their customers because this arrogant rich kid proclaimed Christian doesn't. He scolded me after I found a hole in the decking they left like it was my fault and I had done something wrong. I really should have made them rip the roof off and redo it to begin with. Now he is refusing to come fix the roof I am absolutely appalled at how this has come down. To do such a poor job, then say it raises red flags that I bring mistakes to their attention and to say they are not fixing a leak. That he is satisfied with the job he did. Wow talk about red flags. I do this report because I did look to see if there was anything against them before I hired them. Now after all this mess, I hear other horror stories of this company that I would have never hired had I known. I am hoping to save others from the mistake I made.
Final Business Response /* (4000, 13, 2015/07/01) */
To Whom it may concern:
Again Mayberry Construction Inc. would like to address the complaint activity report Case# XXXXXX. we don't know why Mrs. [redacted] keeps bringing up the 30# felt situation. Mrs. [redacted] and I had a meeting and resolved this with a 5% credit on the roof. I spoke with [redacted] on 6/29/15 and he said that he would be more than happy to testify the agreement during this meeting. He said to give him a call at XXX-XX-XXXX if someone wanted to verify the agreement.
Regardless if we install a 15# felt, 30# felt, synthetic felt, or moisture guard, it does not increase the warrantee of the roof from the manufacture. And as per out contract where she signed it sates that "All work to be completed in a workmanlike manner according to standard practices". We installed her roof to standard practices and if she wanted anything other than this than she should have specified somewhere in writing because she is coming up with a lot of items that she said I should have done and none of which have been in writing. There are reasons for contracts and specifications. For example, if I were contacted to replace the HVC vent (this is now what she is calling it) than I would have. Almost all roofs replaced by insurance companies due to hail or wind will replace all pipe jack flashings and HVC caps, but not HVC flashings (aka. storm collars). By the way this roof has been on for over a year and we are just now hearing about a leak and the leak has nothing to do with the shingles that were installed. I would be willing to repair the HVC boot if that's what it would take to get the remaining balance paid. Anyone that has done roofing for a living knows that these boots can evolve into a leak around the storm collar. And as far as the [redacted] roof system, which is what we installed, it doesn't say it needs a 6 nail application for a 130-mph wind rating. This is what it says as per there website:
The SureNail Difference - a Technological Breakthrough in Roofing
Available on all [redacted] Duration Series Shingles, patented SureNail Technology offers the following features:
Breakthrough design features a tough, woven, engineered reinforcing fabric in the nailing area to promote easy, fast and consistent nail gun fastening.
Triple Layer Protection from a unique "triple layer" of reinforcement that occurs when the fabric overlays the common bond of the shingle laminate layers, resulting in excellent fastener holding power.
Outstanding adhesion from our enhanced Tru-Bond sealant, which grips tightly to the engineered fabric holding power.
Excellent adhesive power due to specially formulated wide adhesive bands that help keep shingle layers laminated together.
Exceptional wind resistance that delivers 130-mph* wind warranty performance with only four nails. Requires 33% fewer nails for maximum warranty protection**, which can mean fewer deck penetrations.
Notice the last section where it states for a 130-mph wind rating, in only needs a four nail application.
As far as the steep charge situation, she signed the contract hiring/agreeing to pay us for the line item stating"additional charge for steep roof - 7/12 to 9/12 slope" for [redacted] This is how the roof was estimated and how she got paid from the insurance company. Not sure why she is not wanting to pay us for this line item. In the last reply to this complaint I was mixed up on where we used the OSB. The garage had OSB for its' sheathing and the house had a mixture of 1x4's, 1x6's, and 1x12's. We used some of the OSB for the garage repairs and we used new 3/4" sheathing for the house. This is how the contract stated to do the repairs and this is how we performed the repairs. It is not possible to use the 1/2" OSB for the home or else it wouldn't have matched up with the three quarter inch 1x12's. Here are a couple photos to prove that we used regular 3/4" plywood to match up with the existing decking. This photo also show's how we cut out the on 1x12's to replace with new ones. (see below) (Revdex.com Comment - see attached documents)
Picture below shows that the new plywood is flush with the preexisting roof decking:
(Revdex.com Comment - see attached documents)
In the photo above you can see that we did us the 2x6 lumber on the rafters. We sistered a new 2x6 rafter to the 2x4 rafter. Number 2 lumber is standard building code for rafters. We only had figured for 2x4 in the estimate but installed 2x6 for extra support. We did not bill her for the extra expenses of the wider lumber. If there was additional damage in the attic that was not repaired/replaced than this was not in our estimate to do so. This is not uncommon on a tornado claim like this. All she would need to do is go back to the insurance company for an additional supplement to repair as needed.
The dumpster situation I explained how it went down in the previous letter. The bottom line is that I was contracted out to have a dumpster out there and I paid for a dumpster and she didn't pay me for a dumpster. Here is my invoice to prove so. (Revdex.com Comment - see attached document)
If I didn't get billed for a dumpster I wouldn't have billed her for one. But at the time this was not an issue because we were contracted out to do the rest of the repairs and we needed a dumpster to tear off the siding and additional items that were getting replaced. Mayberry Construction Inc. has provided her with a detailed bill ever since May of 2014 ans still has not been paid to date. She has yet to pay us for these repairs that she had contracted us out to do. The repairs were made using standard practices and what the insurance company recommended. She signed a contract on the repairs for what they recommended and we completed the repairs. Whenever there are multiple large entities involved such as Safeco insurance company, the engineer company, and Mayberry Contruction Inc. that cannot please Mrs. [redacted] there is only one common denominator the I see. If she were to pay the remaining balance of what she owes than I would be more than happy to repair the HVC vent at my own expense. I believe that anyone would have a hard time wanting to do warrantee repairs for someone that owes them a large sum of money. So if Mrs. [redacted] would be willing to pay her balance due, than Mayberry Construction Inc. would be willing to repair the HVC flashing.
Final Consumer Response /* (4200, 15, 2015/07/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
My insurance policy is replacement cost and there was 30 lb felt on the roof so it should have been replaced with 30 lb felt I specified this very clearly and he promised he would. After I discovered that they had used 30 lb felt he said, he didn't recall his promise and told me they just use whatever is left from last job. On June 11, 2014. I paid [redacted] which is the amount Mayberry is saying Adjuster witnessed. When asked if I was happy I said no, I also expressed this in emails. No one ever mentioned that in 2 months on August 6, 2014 (not May like he claims) I would get billed for nearly [redacted] more for this mess of a roof. The bill he sent had no detail. The work was done, he had billed me I had paid him, what surprises were there from this point? The amount I paid on June 11th was directly from the insurance company estimate and included the steep charge that I strongly protest yet paid.
When I went over the contract and was asking questions he said, "we are a Christian company we will do good work and we stand behind our work". Discouraging me from getting too detailed about what was in writing. I trusted my insurance company, and I trusted him as their preferred contractor in good faith to do the job. Do a thorough inspection of the tornado damage and to repair it without me having to know everything there is to know about a roof and which details I would have to put in writing.
I don't know where he is quoting from on [redacted] it seems to be from a sales brochure, my quote was from the warranty section of their website. He never explained any of this. Since he is a "Christian" "preferred contractor" I was supposed to trust the quality and his word that he would make it right. Famous last words now I get this from him "We installed her roof to standard practices and if she wanted anything other than this than she should have specified somewhere in writing". Where is the definition of standard practices? If you are expecting a customer to know all the things that need to be detailed then shouldn't you specify exactly what standard practices includes? I am sorry I didn't go to roofing school to know all the terminology and exact things you need to ask for in order to get the job done correctly. I am not a roofer or I would have perhaps requested a new boot since he now claims that "Anyone that has done roofing for a living knows that these boots can evolve into a leak around the storm collar" (That he didn't replace but knows they can evolve into a leak)???? " By the way this roof has been on for over a year and we are just now hearing about a leak and the leak has nothing to do with the shingles that were installed." Wow a whole year! Yet he admits that the boots evolve into leaks yet knowing this didn't replace one that also had been hit by a tornado yet surprised there is a leak. Do you need a separate special roofer that doesn't do shingles to do the boots? My brain hurts from all this knowledge I needed to know if only I knew that I needed to know before I paid [redacted] for a roof that would leak one year later. Once again as I explained earlier, the leak only showed up after the insulation was removed to further investigate the roof damage. Apparently before this, the insulation was absorbing any moisture. I have an electrician and a general contractor that confirms the leak. I resent that he implies that I am not being honest. Which is how they also dealt with the apparent tornado damage. Cracks in my walls and doors that wouldn't shut and they say "we don't know how it was before". I have been absolutely appalled by all of this. I honestly can't believe I have had to go through all of this badgering.
I shouldn't have to tell Mayberry about broken trusses, that was his job to repair them. If he didn't then he didn't do his job correctly. I have been told that the roof may last 5 years but not 6 the way they have checker boarded the roof.
"I was mixed up on where we used the OSB." Saying one thing then another is how they roll. That is how he did from the start. Assessed the damage first day then did a complete turn around after he talked to the adjuster. .

After the roofing episode and the back porch that needed to be jacked up that he wouldn't jack up that he just wanted to put a band aid on instead claiming the damage was not from the tornado, we had the discussion with [redacted] and concluded that "Mr Mayberry didn't think he could go on like that with me pointing out the holes he left and felt that he didn't get right". In that meeting we determined that the porch did in fact need to be jacked up but he didn't want to do that work. So I had to find another contractor, and eventually my own Structural Engineer. During this time lapse I had told him about the City paying for the dumpster then he defiantly ordered another dumpster that was never used. He did not have to do that. In fact the other dumpster was still there and still had room in it that he could have used so there was absolutely no excuse for him to order another one except for his stubbornness and greed because of the profit he makes on them.
"Whenever there are multiple large entities involved such as [redacted] insurance company, the engineer company, and Mayberry Construction Inc. that cannot please , there is only one common denominator the I see" Okay everyone out there that has ever had a disagreement with an insurance company &/or contractor. Don't work with Mr Mayberry because he will tell everyone you are crazy. I think I have a lot of company because there are a lot of people that have issues with contractors & insurance companies.
He responds to a complaint by complaining about me being too difficult because I wanted the job done right and by alleging I owe him even more money for this roof that is leaking. That he knew would leak if he didn't change the boot out but that is my fault. I didn't specify. What happened to customer service?
.
There have been delays because their engineers didn't thoroughly investigate the damage and inadvertently claimed the tornado damage was my house settling. I had to obtain my own engineer which took time. Which concluded the damage was in fact tornado damage. Then there was the contractor I had been talking with that backed out of doing work because [redacted] discouraged him from working with me saying I was too difficult to work with and that Mayberry had fired me. I have cracks in my walls that they wanted to ignore. Then to be made out as the problem. For them to cause delays then question the delays.
I want my roof done as it should have been done to begin with. I want whole sheets of new plywood instead of old small pieces to repair punctures. I want restitution for the defamation of character. Saying that I owe a "large sum of money" on a public sight when I don't is defamation of character as well as a violation of the privacy act.