RMB Construction General Contractor Inc

Review: On July 29th 2013, I had RMB construction come over to give me a quote on opening a kitchen wall, and install a skylight in the kitchen. At this occasion, they went into the attic to inspect and determine feasibility. They concluded everything was fine, and provided a quote for the work to be performed.

On August 30th 2013, after finishing a round of quote, I selected RMB construction as the contractor to perform the work.

The work was scheduled to happen from September 30th 2013, to October 5th 2013.

RMB construction showed up as planned on September 30th, at around 9AM.

They started opening up the wall, as planned.

After about an hour of work, they told me they could not complete the job as planned, because a gas line and electrical were running in the wall. They proposed to do a differenttly shaped opening to accomodate gas and electrical. I refused, because it would have been ugly.

I asked about rerouting the gas and electrical. The person onsite started by saying there would be added cost and delay, which I didnt like, but would have been ok with.

I mentioned, that considering they went in the attic at the time of the quote, they should have seen it.

After mentioning that, contractor totally closed up, saying "I am 60 years old, and not to be told what to do by a kid" and "do you know how many quote I do without winning the bid in the end?".

On side of this being very disrespectful and an acknowledgment of them doing a poor job during a quote, they also refused to perform any further work. They said they will patch up the wall, repaint it, and be done with it. Which they did. They also refunded me the deposit I made right away (which tends to indicate they knew they were at fault).

They breached the contract by refusing to do any further work.

What I am asking now is a refund for loss of profit and inconvenience :

I am renting 2 bedrooms by the night on airbnb. I informed them of that fact ahead of time, mentioning that I will need to block some dates, or offer discount during that time. Due to this, it would be really hard for me to reschedule, and the work was to be performed on time. They acknowledged it.

Now, since the work was not performed, and I still want to perform this work, I will need to hire another contractor and block another week at a different time.

The loss of profit due to this week being blocked is lost and not recoverable.

The loss of profit breaks down as follow :

Room1 and room2 rents for $75 / night.

Room1 was rented during the work, at a discount of $25 / day. The total discounted amount for the week is of 5x25 = $125

Room2 was not rented during the work, and used to store furniture that were in the area of the work to be performed. Luckily, after the work was cancelled, I was able to rent the room, starting on Wednesday. It means I lost 3 days of profit (Sunday, Monday, Tuesday), which amount to 3x75 = $225

The total loss of profit is then in an amount of $350 total.

I would also add to that the inconvenience of removing all furniture, disconnecting all the hi-fi installation, removing all cooking appliances from the kitchen, etc. Considering it took around 5 hours to remove/put back and clean everything, and assuming a $30/hour rate, I estimate the inconvenience at around $150.

I have documentation (emails, printscreen, pdf, pictures, etc) for all the aboveDesired Settlement: I would like to be refunded $500 for

1. the loss of profit ($350)

2. the inconvenience ($500)

Business

Response:

Revdex.com

Complaint [redacted]

The customer contacted our company on the 25th of July via e-mail to give him a quote for a few projects he wished to have done at his home. When we met with the customer on Sunday Afternoon the 28th of July he went over the work he would like to have done. The issue or question concerning opening or deleting the wall between the living room was if it was a “bearing wall” and/or how could it be done if it were. Rod, of RMB the contractor asked for a ladder and looked at the framing in the attic to determine an answer to this question. Once determined it was not a bearing wall we continued to discuss his design idea. The range was currently centered in the island area and the customer explained how the gas line was through the floor to the bar; which we did mention was not to code as there was no exhaust and/or easy access to turning off the gas in cases of emergency; he did not want to make any changes to that issue so it was dropped. We discussed options as to placing a skylight or solar tube in the kitchen ceiling and the lighting issues. When we started the job the skylight had not been purchased by the owner or a solar tube as we both discussed the best option would be best determined in the field once Rod was up on the roof and had a good visual of the pitch and valleys. The customer said he wanted to make the decision before he left on Thursday for a wedding he was attending in San Francisco and accordingly we would make the revision to the proposal at that time.

The morning of the 30th we arrived ready to do the work concerning the wall between the living room and kitchen. Once the wall was cut open a 220 electrical line and a gas line were exposed; the owner was notified that these would have to be moved before we could continue. We explained there would be additional costs as this was not included in the work contracted for. We could contact the appropriate electrician and plumber to come and move them however did not know at this point when they would be able to do this additional work and would also inform him of the additional costs involved. The customer was very upset, refused to pay any additional costs and stated that this should have been known prior to starting the work. We agreed but unfortunately it wasn’t. The customer continued badgering so Rod the contractor went to Home Depot to purchase supplies to put the customer back the way he found him.

The Proposal itemizes the work to be done.

Living Room - Scope of Work (1,670.00)

1) Frame arched opening in wall between living room and kitchen

2) Arch to match existing doorway arch as close as possible without interfering with existing beam

3) Drywall new opening with texture to match existing as close as possible

4) Install 5/8” plywood and owner provided corbels for granite countertop to be installed by others.

5) Prime and paint by others

6) Furniture in Living Room to be removed by owner during construction

The Terms and Conditions of the contract paragraph’s 14 and 15 specifically address this issue simply because we cannot see through walls.

14. Plumbing

Unless specified plumbing, gas, waste and water lines outside the foundation of existing building are not to be changed. Unless specifically included, any work to be done regarding cesspools or septic tanks is not included. Cash Price does not include rerouting, relocation or replacement of any vents, pipes, ducts or conduits not shown on plans that may be encountered in areas of alterations are not included.

15. Electrical

Unless specifically included, electrical work contemplates no change to existing service panel other than the addition of circuit breakers and fuse blocks to distribute electric current to new outlets. Changes to existing wiring in areas undisturbed by alterations are not included.

The customer refused to have the electrical and gas lines removed on his own and have us return when the work could be completed as contracted. The customer did not ask RMB to provide him with a proposal for the additional work as he did not like the contractor’s attitude and felt this additional work should have been included in the proposal. He clearly stated at the time ”I will not pay anymore and this should be covered it is the contractors fault for not knowing the lines were there” The following day when Rod the contractor returned to paint the wall he gave the customer a check in the amount of the original deposit refunding him any monies provided. We tried to make the customer happy but there seemed to be a mis-interpretation of the work to be completed. Our first right/attempt to correct/complete the work was waived by the customer per the contract per his refusal to have the extra work completed:

Contractor has first rights/attempt to correct or complete any work considered defective or incomplete and shall not be held responsible for costs incurred by homeowner to correct, change or complete contracted work if contractor is not given first opportunity to correct or complete work.

With regard to the customers rental losses we did not advise him not to rent the bedrooms, the work was not in the bedrooms, we had no knowledge of his “business” and no agreement was made with regarding compensation for any inconveniences. The customer’s decisions on how to run his business are clearly his and not directed by RMB in any way. Moving furniture, wires, hi-fi’s etc.. are the customers choices. We are a general contractor work performed often interrupts the daily life/routine of a customer this is clearly explained in the initially meeting. We discuss dust control issues and furniture protection and clearly re-state this in the proposal:

The work in total is expected to take 5 (five) working days with an start date of September 30, 2013. Owner is to remove all personal items in the area of construction prior to commencement of work. Contractor will use reasonable care but will not be held responsible for damage to personal items that interfere with the progress of construction. RMB will not be held liable for any damages or injuries caused during any un-escorted visit in the construction area.

Extra Work issues are clearly stated in the proposal as well:

Extra Work: If not outlined on a change order additional work will be charged on a labor and materials basis. Labor rate is $100.00 per hour (2 hour minimum); material is cost plus 30%. Owner will be billed at the Extra Work Rate listed above for any “side” work performed by Contractor or Sub-Contractor’s employees.

This is a very unfortunate incident and truly both parties are not happy. We reimbursed the customer his deposit and put him back to the way we found him when it became evident the extra work was not going to be done. We will not be reimbursing the customer for expenditures/losses he may have incurred based upon the decisions he made. Situations like this are uncomfortable everyone losses both financially and emotionally. We have never had such a situation arise in the past and will take measures in the future to make sure everyone is on the same page.

Marguerite Bobo, VP

RMB Construction G.C. Inc.

RMB

Construction G.C. Inc.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Unfortunately, the answer provided by the business is once more inaccurate and not of good faith.

The inaccurate points are the following:

I hired RMB Construction General thanks to a referral from my co-worker. When my co-worker shared with me that she was remodeling her bathroom, I asked her to place share the contact information as we were looking into doing a remodel too. When her work was done, she invited us to her home to review the final product. We were impressed. The overall quality and refinement of the project was an A+. My friend also shared with me that she had a positive experience from the start date. They always communicated with her and they always cleaned up every day before leaving.

My experience with [redacted], [redacted], and [redacted] was extremely positive. We communicated all along the way, and they kept us informed on how the project was going. In addition, once everything had be demolished [redacted] and [redacted] found 70 year old damage to our walls, floor, and plumbing. These were unexpected but advised that they would repair and just add a bit to the cost. Their estimate was very fair for the amount of work that needed to be done on a bathroom. New shower, new plumbing, new bathtub, new floor, and refinish the walls. They did an amazing job. [redacted] also communicated with us all along the way, and sometimes even went out of her way to buy sample tiles for us to see if we would like. When the start date came, we were nervous how things were going to go. But no, they were very professional, courteous, and respected that they were in our home doing the best that they could to deliver. The end result: A fantastic bathroom, a new bathroom with the feeling of a SPA a very affordable and reasonable cost. We would highly recommend RMB Construction for any referrals. We also appreciated their 4-tierd plan for payments as demanded by California Law. We gave them a 10%, and then 2 installments during construction progress with the final payment upon completion. They were also very opened to fix and repair any missed items or damages that they missed.

They are a good working team, and I highly recommend them.