THS Construction Company, Inc.

Revdex.com:
I have reviewed the offer and/or 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.
[Provide details of why you are not satisfied with this resolution.]
Regards,
[redacted]
Good morning Ms. Smith,
 
We have read the responses and are NOT satisfied with them.  There are several false statements made by the representative,
and we have the detailed documents to prove the false statements .  We will be filing a complaint with the VA Board of Contractors to inform them of the issues we have had.
 
Thank you for your efforts to reach out to the builder on our behalf.

Revdex.com ResponseContractor provided an estimate based on preliminary plans for the project, to include an item by item allowance, with an O & P based on a percentage of the total project.Contract was based on this estimate as a cost plus the O
& P to avoid extensive change orders...

and as to be fair in that if the
client chose higher end materials we wouldn’t charge more for O & P for
management of the project.Hardwood Flooring – Our Contract reads:8. ALLOWANCES: 
Allowances listed in the house specifications include taxes and delivery
to the house site.  OWNER may substitute
money from one allowance to another to better suit their needs.  If OWNER exceeds the amount listed for any of
the allowances, OWNER shall pay the excess directly to the Vendor for the following
allowances:  windows, doors, plumbing
fixtures, appliances, light fixtures, flooring, painting and cabinets.  The remaining allowance overages will be
charged on change orders.  Any unspent
money from allowances shall be re-allocated toward other home building costs or
returned to the OWNER at final invoicing.The hardwood
allowance in our breakdown of values was $12,119.25. The proposal from the
Subcontractor was $19285.77 for the flooring chosen by our client. We have
re-categorized $1700 from his proposal/invoice into interior trim as it was for
the base and stairs. This still leaves them over the original allowance.Well – (2nd & 3rd well drilling was performed in Oct. 2014) Client had an irrigation system installed. We had discouraged this due to the output of the well and the well pump. Irrigation systems are  a great strain on a well and they have to be planned in advance for the correct sizing of the well pump, but only if the well can handle it. This was not a part of our Contract. The first well initially produced ______gpm. Then…………………………………………………………………�...⇄ upper level – The original completion date of the project given to the client was __________. Our Contract clearly states:PRE-SETTLEMENT CLAUSE:  OWNER agrees not to occupy or use for storage the new dwelling constructed by CONTRACTOR until all of the following three requirements have been met:CONTRACTOR has substantially completed all work under this
Contract; andCONTRACTOR has obtained approval from all local authority of
all required building inspections, including without limitation the final
inspection approving the dwelling for occupancy; andCONTRACTOR has received payment in full for all work
completed under this Contract, including extras and overages, if any.The client
requested to move in by July 25th, 2014 because their existing home
was under contract and it was only going to go through if the prospective
owners could take possession by July 27, 2014. We moved quickly to get the
basement of their home completed and a temporary Certificate of Occupancy
(C.O.) and get our client moved into their basement. Then the client wanted us
to rush and finish the upstairs. The final C.O. was issued 8/14/14, although a
few minor items needed completion. A. Paint – Our Home Specifications sheet states:PAINTING:  EXTERIOR:     Front door to be stained and finished with two coats, or painted at Customer’s choice. INTERIOR:  All walls and ceiling to be painted with Flat Latex paint (same color throughout whole house, however, ceiling may be white).  All interior wood trim to receive Latex Ultra Deluxe by Duron enamel over primer (same color throughout whole house, but may differ from wall color).  Stained woodwork will be railing cap. Other stained woodwork is extra and will be quoted separately.  GARAGE INSIDE WALLS AND CEILINGS WILL BE PAINTED AND TRIM APPLIED TO WINDOWS.  NOTE 1:  All paint and stain colors are to be
identified by number from the Duron chart. Paint used will be Duron.  Light color will be standard with Duron #
ending by a 0 or NOTE 2:  Any room
with trim or wall color different from the rest of the house will be at extra
cost to OWNERAny new homes are painted in flat
paint. The purpose of this is for easy paint touch-up  after repairs and settling of the home which
can take up to several years. Paint of any other finish will cause very
noticeable differences. Attempts to repair nail pops, drywall imperfections,
etc. will stick out remarkably. Customer wasn’t happy and demanded that “her
nice house” be painted with something more elegant. When complied and repainted
the entire first floor. Then when we inevitably had to repair some areas, she
wasn’t happy with the outcome. There are areas where the painting is not up to
our standards but we have been back to the site on several occasions to repaint
areas requested by the homeowner. We have asked them to wait for 10-11 months
to let the house settle and then we would return if necessary.B.
Cracking – There have been locations where the sheetrock tape, compound, or
caulking  had cracked due to settling or
the unusually dry winter air we experienced. We advised the client to wait and
see what happened as Spring came around. The client didn’t want to wait and was
unhappy so we went back multiple times to attend to several notable areas.
There are still a few that the client has pointed out during a conversation on
3/21/15, but we have not been back to do any additional punchlist items because
the client has refused to talk about the remaining balance owed us for the
project ………………………………C. Wood Buckling – The only wood
buckling that has occurred in the home happened next to the patio door in the
Master Bedroom where a leak around the door frame damaged an area roughly 6’ x
10’. All boards were removed, plywood dried and tested for proper moisture
levels and then new hardwood was installed. There is only one board the client
is questioning and both the installer and THS have asked them to wait a few
months to see how it reacts to the warmer weather and humidity and the client
agreed. We stated it would be repaired if needed later.D. Shower Door – The client chose
the shower door currently installed. They used it for several weeks and then
our Superintendent noticed a small chip on the corner when he was there for
other items, and made a request to the supplier to replace it. The supplier
replaced the glass and then the client complained that the door moves too much
and wants a different glass door system. The supplier has been back out to the
site and stands behind their product and will continue their warranty but won’t
replace the glass system, because they don’t feel there is a safety issue.Finally, the client is saying
they do not intend to discuss any monies owed until the entire punchlist is
completed to their satisfaction. Our Contract states:SETTLEMENT FOR EXTRAS:  OWNER will be responsible for prompt settlement of allowances and/or additional items, which for reasons beyond the control of CONTRACTOR, cannot be billed until after settlement.  After completion of the walk-through punch list items, CONTRACTOR will not perform any service calls until OWNER has paid CONTRACTOR for all Extras or Overages that have been completed and billed.Due to our principle that if one
category runs over and another under, we do not always request payment of
overages in one area, as another may be under, equating to a wash.  They also have expressed that they do not feel
they need to pay for the 2nd and 3rd wells because they
believe it should be guaranteed to get water on the first try. If you call any
well drilling company anywhere, they will tell you there is no guarantee that
there will be water no matter what number well you are drilling.At this time, we aren’t sure we
will get paid from the client and therefore do not see the need to keep going
back until they agree to discuss and make good on the monies due.

Review: The builder provided us with estimates of costs to build our home. We have received quotes from the builder for hardwood flooring for a specific amount (materials and labor) and at the end of the project, he met with us and told us that we went above budget by approximately $9,000.00 on the flooring. How could we go over the quote from the flooring? No explanation or invoices have been provided to back up this large difference. We have asked 3 different occasions and still no response. We have had problems with the well that was drilled prior to us obtaining occupancy of the home. The well apparently was drilled but subsequently, dried up. The builder stated it must be an irrigation problem. The irrigation system was completely shut off. We obviously can't live in a home without water, so they came and drilled a new well. The second drilling got nothing. They had a third well drilled, and we finally got water. Mind you, we've been without water and having to fill our commodes on a daily basis just to use them. Also, been showering at the [redacted] for 3+ weeks due to this inconvenience. Now we're told we owe the builder $20,000 for the cost to drill the 2nd (non working well) and the 3rd well. No mention from the onset or during the first well drill that if something happened with the well and another had to be drilled, that we would be responsible for drilling another. The overall work in the home on the lower level was adequate, but the upper level was "rushed" and several areas were left with poor workmanship. It would appear that the project superintendent was not diligent in going behind the sub contractors/laborers to check the work. Therefore, we are left with poor paint jobs, cracking, wood floor buckling, shower door issues....just an overall mess.Desired Settlement: We would like a detailed listing of invoices paid out to back up charges that the builder is now passing along to us. We have quotes that state pricing for materials and labor, but now, the amounts have increased dramatically. We want all the issues to be addressed as we have never had a final walk through and/or a punch list for the builder to complete. We would like to settle any $$ issues prior to any remaining work items being done.

Business

Response:

Revdex.com ResponseContractor provided an estimate based on preliminary plans for the project, to include an item by item allowance, with an O & P based on a percentage of the total project.Contract was based on this estimate as a cost plus the O

& P to avoid extensive change orders and as to be fair in that if the

client chose higher end materials we wouldn’t charge more for O & P for

management of the project.Hardwood Flooring – Our Contract reads:8. ALLOWANCES:

Allowances listed in the house specifications include taxes and delivery

to the house site. OWNER may substitute

money from one allowance to another to better suit their needs. If OWNER exceeds the amount listed for any of

the allowances, OWNER shall pay the excess directly to the Vendor for the following

allowances: windows, doors, plumbing

fixtures, appliances, light fixtures, flooring, painting and cabinets. The remaining allowance overages will be

charged on change orders. Any unspent

money from allowances shall be re-allocated toward other home building costs or

returned to the OWNER at final invoicing.The hardwood

allowance in our breakdown of values was $12,119.25. The proposal from the

Subcontractor was $19285.77 for the flooring chosen by our client. We have

re-categorized $1700 from his proposal/invoice into interior trim as it was for

the base and stairs. This still leaves them over the original allowance.Well – (2nd & 3rd well drilling was performed in Oct. 2014) Client had an irrigation system installed. We had discouraged this due to the output of the well and the well pump. Irrigation systems are a great strain on a well and they have to be planned in advance for the correct sizing of the well pump, but only if the well can handle it. This was not a part of our Contract. The first well initially produced ______gpm. Then…………………………………………………………………�...⇄ upper level – The original completion date of the project given to the client was __________. Our Contract clearly states:PRE-SETTLEMENT CLAUSE: OWNER agrees not to occupy or use for storage the new dwelling constructed by CONTRACTOR until all of the following three requirements have been met:CONTRACTOR has substantially completed all work under this

Contract; andCONTRACTOR has obtained approval from all local authority of

all required building inspections, including without limitation the final

inspection approving the dwelling for occupancy; andCONTRACTOR has received payment in full for all work

completed under this Contract, including extras and overages, if any.The client

requested to move in by July 25th, 2014 because their existing home

was under contract and it was only going to go through if the prospective

owners could take possession by July 27, 2014. We moved quickly to get the

basement of their home completed and a temporary Certificate of Occupancy

(C.O.) and get our client moved into their basement. Then the client wanted us

to rush and finish the upstairs. The final C.O. was issued 8/14/14, although a

few minor items needed completion. A. Paint – Our Home Specifications sheet states:PAINTING: EXTERIOR: Front door to be stained and finished with two coats, or painted at Customer’s choice. INTERIOR: All walls and ceiling to be painted with Flat Latex paint (same color throughout whole house, however, ceiling may be white). All interior wood trim to receive Latex Ultra Deluxe by Duron enamel over primer (same color throughout whole house, but may differ from wall color). Stained woodwork will be railing cap. Other stained woodwork is extra and will be quoted separately. GARAGE INSIDE WALLS AND CEILINGS WILL BE PAINTED AND TRIM APPLIED TO WINDOWS. NOTE 1: All paint and stain colors are to be

identified by number from the Duron chart. Paint used will be Duron. Light color will be standard with Duron #

ending by a 0 or NOTE 2: Any room

with trim or wall color different from the rest of the house will be at extra

cost to OWNERAny new homes are painted in flat

paint. The purpose of this is for easy paint touch-up after repairs and settling of the home which

can take up to several years. Paint of any other finish will cause very

noticeable differences. Attempts to repair nail pops, drywall imperfections,

etc. will stick out remarkably. Customer wasn’t happy and demanded that “her

nice house” be painted with something more elegant. When complied and repainted

the entire first floor. Then when we inevitably had to repair some areas, she

wasn’t happy with the outcome. There are areas where the painting is not up to

our standards but we have been back to the site on several occasions to repaint

areas requested by the homeowner. We have asked them to wait for 10-11 months

to let the house settle and then we would return if necessary.B.

Cracking – There have been locations where the sheetrock tape, compound, or

caulking had cracked due to settling or

the unusually dry winter air we experienced. We advised the client to wait and

see what happened as Spring came around. The client didn’t want to wait and was

unhappy so we went back multiple times to attend to several notable areas.

There are still a few that the client has pointed out during a conversation on

3/21/15, but we have not been back to do any additional punchlist items because

the client has refused to talk about the remaining balance owed us for the

project ………………………………C. Wood Buckling – The only wood

buckling that has occurred in the home happened next to the patio door in the

Master Bedroom where a leak around the door frame damaged an area roughly 6’ x

10’. All boards were removed, plywood dried and tested for proper moisture

levels and then new hardwood was installed. There is only one board the client

is questioning and both the installer and THS have asked them to wait a few

months to see how it reacts to the warmer weather and humidity and the client

agreed. We stated it would be repaired if needed later.D. Shower Door – The client chose

the shower door currently installed. They used it for several weeks and then

our Superintendent noticed a small chip on the corner when he was there for

other items, and made a request to the supplier to replace it. The supplier

replaced the glass and then the client complained that the door moves too much

and wants a different glass door system. The supplier has been back out to the

site and stands behind their product and will continue their warranty but won’t

replace the glass system, because they don’t feel there is a safety issue.Finally, the client is saying

they do not intend to discuss any monies owed until the entire punchlist is

completed to their satisfaction. Our Contract states:SETTLEMENT FOR EXTRAS: OWNER will be responsible for prompt settlement of allowances and/or additional items, which for reasons beyond the control of CONTRACTOR, cannot be billed until after settlement. After completion of the walk-through punch list items, CONTRACTOR will not perform any service calls until OWNER has paid CONTRACTOR for all Extras or Overages that have been completed and billed.Due to our principle that if one

category runs over and another under, we do not always request payment of

overages in one area, as another may be under, equating to a wash. They also have expressed that they do not feel

they need to pay for the 2nd and 3rd wells because they

believe it should be guaranteed to get water on the first try. If you call any

well drilling company anywhere, they will tell you there is no guarantee that

there will be water no matter what number well you are drilling.At this time, we aren’t sure we

will get paid from the client and therefore do not see the need to keep going

back until they agree to discuss and make good on the monies due.

Consumer

Response:

I have reviewed the offer and/or 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.

[Provide details of why you are not satisfied with this resolution.]

Regards,

Good morning Ms. Smith, We have read the responses and are NOT satisfied with them. There are several false statements made by the representative,and we have the detailed documents to prove the false statements . We will be filing a complaint with the VA Board of Contractors to inform them of the issues we have had. Thank you for your efforts to reach out to the builder on our behalf.