NEM Construction, Inc.

3/16/18 Telephone response obtained from the company as follows: The company stated in the proposal that the consumer signed, section # 4 does state company not liable for damage to landscaping, concrete etc. The company stated they will send Revdex.com copy of full contract/proposal - the company stated the consumer only provided the 1st page.

02/23/18 - Friday - 11:55Company owner, Don [redacted] called noting the yard is very contoured and higher than the street.  The stone was dumped at the base of the driveway and moved with a rubber-tracked skid steer loader (i.e. a "Bobcat").  He confirmed that plywood was not used. ...

Although consumer alleges the loader's bucket chipped the driveway at the expansion cuts he maintains the driveway was uneven.

email response received from the consumer copied and pasted by Revdex.com staff (**) as follows: 4 April 2018Complaint ID [redacted] against NEM Construction Company[redacted]Dear [redacted]I received your email and the response by Don [redacted], owner of NEM Construction.  Once again I do not accept his reply to my complaint.  Make it be known I never will.  Yes, there was a contract, yes there was a clause stating he was not liable for damage to landscaping, concrete, etc.  However, my complaint is not a frivolous move by a person seeking to get, in my case, a new driveway.  This is not a matter of a little damage it is a matter of a total loss.  The damage is substantial enough to not only affect the appearance of my property but the value of it as well.  But how would he know since he won’t look for himself.  So much for his comment to me when I first brought the matter to his attention, “Wait ‘til Spring and if you have any problem, give me a call”.  Look where we are today!Mr. [redacted] or shall I say his project manager knew if (in my case) approximately 100 tons of #1 and #2 limestone were dumped on the street there would be a good chance damage would occur resulting in the city seeking restitution.  In fact the words spoken by Rick, said project manager, were exactly that.  “Why are you putting that on my driveway and not the street?” I asked.  Rick’s reply was, “Because if we damage the street, they will make us pay for it”.  My question is….was there ever a past incident (or more) that resulted in a decision not to risk damaging the street to avoid fighting city hall?  Rather, risk damage to client’s property and deal with him/her later?    I wonder.I support contracts.  It generally provides protection for the company and the client.  Especially when agreed upon by both parties and done in good faith.  However, when an owner or proprietor of a company uses the wording of the contract to allow his workers to perform in a haphazard and reckless manner resulting in the client left holding the bag. In plain and simple words, it is wrong, unethical and unacceptable.   It appears to me Mr. [redacted] has no conscience and has no problem being unethical or whatever word you choose to use to describe his work ethics.  I wonder how he would do if the roles were reversed.At one time my daughter and her then husband owned their own waterproofing and poured walls company.   On several occasions my daughter and her husband worked in conjunction with NEM Construction at different job sites.  My daughter felt Don [redacted] would provide me with good service and workmanship while charging a lower price than that of other quotes I had received. She highly recommended [redacted].  In the initial meeting between [redacted] and myself, I really thought I had the right person/company to install my new footer drain system.  How wrong we both were.  I will say I am pleased with the install of the new footer drain system…at least so far.  It’s the negligence regarding my driveway that has led to this.Here is an owner of a company that has been in business twenty plus years.  Not to mention his project manager has worked for Mr. [redacted] nearly that amount of time.  The thought of lack of experience never comes into play.  A business that provides a service yet obviously has no regard for his integrity or reputation.  I feel he lacks not only the decency but the professionalism, respect and courtesy to provide a follow up of work performed by his company.  Not to mention striving to have a satisfied client as opposed to having one that is angry and disgusted.    A reputable company takes necessary measures to protect other areas around the work site.  In my case some sort of material or product should have been laid over my driveway to protect Page 2     [redacted]it from any possible damage. Better yet the 100 tons of limestone, not to mention the large dump trucks had no business being on the driveway!  Period!What he says he will do and what he does or allows to happen are two completely different things.  My questions and concerns have been blown off, his project manager laughed at me when I pointed out the damage, tried to convince me my driveway was already damaged prior to start of project.  To top it off yells out when preparing to leave, “If you need a new driveway, give us a call.” In the first paragraph I stated I was not a person trying to get a new driveway for the mere purpose of getting a new driveway.   I hired [redacted] to review my situation.  Based on the amount of damage incurred [redacted] felt I had a valid complaint.  He contacted Mr. [redacted], explained the circumstances, stated that he had insurance to cover my damages and in no certain words Mr. [redacted] replies, “Tell her to read her contract”.  He was uncooperative then and continues to be uncooperative.  To further substantiate my claim, [redacted] contacted my insurance company.   [redacted] Adjuster, met with [redacted] and me on Tuesday, March 6, 2018 to view the damages.   [redacted] words, “This is unacceptable.  I’m so sorry you have to deal with all of this.”  She looked at the area around the foundation of the house and asked, “Are they coming back to level out your yard?”  I replied, “no”.  She stood shaking her head.  The replacement costs have been calculated to be $11,115.  Does that not prove what I have stated all along as being the truth in this matter?  Does that not prove Mr. [redacted] has shown to take the high road and deny any responsibility, display negligence, and the decency to do the “right thing”?  Of course it does!In closing I am so grateful to have my insurance company support my claim in this matter.   However, there is no compensation for the stress I have endured during the last seven months!  I paid [redacted] $16,000 to replace my footer drain system.  Had it not been for my insurance company stepping up I would left with the $11,115 expense of replacing my driveway due to his worker’s negligence.  That is not pocket change!  None of this should have happened!!!!  Frankly, I hope my insurance goes after his insurance company but that’s out of my arena.  Time will tell and what will be will be.   If I save one person, especially a homeowner like me, from choosing to use NEM Construction then all of this has been worth it.  I will continue to post reviews on various websites, etc. regarding this company.  Word of mouth is a powerful tool.No doubt this experience with this company has left a very bitter taste in my mouth.  I trusted him based on my daughter’s recommendation.  I always do my “homework” any time I hire someone to do work for me.  Too bad I didn’t follow my own practice. I didn’t question the clause in the contract putting him in a position to explain what type and how much damage could occur to other areas of my property.  Yet, he made effort to be totally “up front” either.  Prior to the start of my project I told [redacted] how anxious I was about having my yard destroyed and what the project would entail.  His words still echo in my head, “Don’t worry.  Rick will take good care of you.”  Yea right.  Shame on him and shame on me.  Live and learn.Thank you [redacted] for the time and effort you have put into my complaint.  I think we both realize the caliber of the person we are dealing with.Respectfully,[redacted]