Urban Design & Construction Ltd.

Complaint: ***
I am rejecting this response because:I asked *** ***, a licensed contractor from *** *** *** specializing in roofing construction and repair, to come last Fridayto inspect the work done on the roof and pergola and to verify the currentstatus of the projectPer his suggestion I will also be scheduling an officialinspection by the town of *** *** Division as soon as possibleHereare the main concerns that he raised:1) For some reason the last ~6” of decking closest to the house was left unfinishedThis can also beseen in the previously attached photographsThis left a 1.5” gap between thetop of the ledger and the roof flashing where the bare studs and internal wallinsulation are completely exposedAlso because the width of the gap between thedecking and the house is wider than the width of the flashing, the flashingdoes not overlap the decking to properly shed waterIn its current conditionthe roof will most definitely leak and could potentially expose the house towater damageIn Byron’s opinion, at a minimum the construction will not passinspection, and most likely the covering, flashing and siding will need to beremoved to properly protect the houseAgain, as soon as the weather permits, Iwill schedule an official inspection to confirm.2) The type of lumber that was used to construct the upper portion of the pergola is not exteriorgrade lumber, and as such has not been treated to withstand exposure to theelementsHad the pergola been completed and treated with wood sealer and stainas intended before winter, this may have been acceptable (though notpreferred)However, with the amount of exposure it has received and willcontinue to receive until temperatures are warm enough to apply the propertreatment, there is a high likelihood that the majority of the lumber on the pergolawill need to be replaced by spring.3) The lumber used to construct the majority of the roof structure is also not exterior grade, but isless susceptible to the elements because of the covering over the roofThe fasciaboards that are attached to the tails of the joists, however, are exposedByronwas concerned that because the metal drip edge of the roof was installeddirectly over the untreated boards, any moisture that is able to get under the metalwill absorb into the wood quickly cause the boards to rotAgain, the roof coveringand drip edge would have to be removed to properly treat and protect theboards.4) As we were discussing the roof *** also happened to notice that the nuts on the largeangle brackets that hold the 8xmain support beams together were left loose enoughthat it took more than a full turn to get the nuts even finger tightThis wasnot a major concern, but is not indicative of a project that is complete andready for inspection.Byron had other minor concerns that he said were mostly preferential or cosmetic, buthe agreed that we are justified in withholding payment until the project iscomplete both to acceptable standards and to our satisfaction (including thecolor of the roof)*** also said that he would be happy to discuss thesituation and any aspect of his professional assessment further with *** if heso desires.In light of these recent revelations, I am withdrawing my previous settlementoffer as I now believe that the cost of completing this project will far exceedthe outstanding balanceI will mail a check as soon as I am able in the amountof $to cover the cost of the permit fee as stated in the contractAlso, per *** suggestion I will leave it to *** to consider this new information and revise his offer before taking further action*** is welcome to submit a mitigation plan in lieu of settlement, though I do not know that I can trust him with the completion ofthis project given the current level of contention If he does decide to move forward with the lien and collections, then I will beforced to take legal action for which I will seek compensation in addition toany decision passed down by the courtIf *** would prefer to forego the lienand settle this through arbitration as stipulated in the contract, then I willbe happy to proceed down that path, but will likely seek compensation for anycosts incurred there as wellIn either event I am confident that thedocumentation that I have previously outlined in addition to an inspectionreport and testimony from a third party will be sufficient to produce a rulingin my favor. Regards,
*** ***

This response is so full of lies, half truths, and distortions, it hardly warrants a response.It is not up to the client to determine "substantial completion", nor does she say where her 1% figure comes from - just says "usually". The only things left to do are install the cabinets (if the salesman finally orders them) - which is CHANGE from original plan; and tie in the last section of floor heat, which is a screw up by the electrician, and also the floor heat was not in the original plan - it was a CHANGE.They DID ask for a loan. They DID stop payment on a check. They DID take forever to make choices, and when [redacted] went to a tile place we recommended, she picked a tile for her backsplash and she didn't even ASK the sales person how much it was. She called us and told us to check. When we did, it was outrageously priced - I don't remember the exact amount, but around $40 per square foot.We tried to complete this project, as quickly as we could. It costs us money every time we take a call, write an email, search for products when she changes her mind again, and send workers out. It is not up to the client to decide how much profit we make, nor does she have any basis for saying how much we have spent on her project. Its all guesses and complaining.This is our final response, as we are moving to filing a lien, litigation and collections for her bad check, and refusing to pay the contracted amount, plus upcharges agreed to.

Very little of what [redacted] says is true. There were many problems with the construction of the deck, and [redacted] thinks he knows better than a contractor how to do thing, because he reads about it on the internet. He changed the dimensions of the patio cover, which I agreed to do at no additional cost....

He had said that he might like standing seam metal roof. I informed him, and we discussed several times that it would be substantially more - which it was. When we removed the siding to attach the structure to the house, we discovered that the builder had not used sheathing, instead had covered the outside in foam, and used diagonal bracing to keep it square, Unfortunately, this landed directly where we needed to attach. After consulting an engineer (at no cost to [redacted]) we proceeded with construction. This is not a small porch cover - it is 12 feet out from the house, over 20 feet long, and supported by 8x8 posts and beams. We completed the framing and got the roof decked, and waited for the metal roof to be fabricated. During this entire time, the only discussion of color was at the initial meeting, when he said dark green. Both my project coordinator and I attended that meeting, and we both made note of it.  It made sense, since the house is medium brown.There was a considerable amount of time waiting for the roofing to be fabricated, and when I found out it was ready, it was the week before Christmas. I called the installer immediately, who told me he was going to [redacted] for a month. When I asked him if there was any way he could fit it in, he said he could rearrange things and get it done the next day. I immediately informed [redacted], who was very excited it was being installed.The next day, I went to the job site to check progress and pay the installer. When I was about to leave, [redacted] called me and said the roof is the wrong color. I said what do you mean, it looks great. He said no, it was supposed to be brown, not green. I told him I had no recollection of him EVER mentioning brown, and that he should look at it before doing anything else, because it looked great. The cost of the roof with materials and install was nearly $3000. I said look at it when you get home, and we would re-visit it then, and in the spirit of indulgence, suggested maybe we could have it painted. He then sent us a nasty email, saying not only was he not paying for the metal roof upcharge, he wasn't paying the final amount! He suggested painting it "would be like painting a car with house paint". I never said we would use latex paint, nobody it that stupid. He was obviously irrational, and insulting. I wrote him back, informing him that he owed the final bill, as well as the upcharges before we would do anything to remedy it. Let me point out here that at no time up until TODAY has [redacted] ever informed us there were things left to do, nor that any siding is missing (which it is not). I have pictures of the completed structure, as well as after the roof went on. Saying that he isn't going to pay the final amount, much less the additional for the roof, especially after how much extra work we did at no charge is ridiculous. How can dark green "clash" with brown?Again, I offered to have it painted, if he NOW wants it brown, He refused. There was never any communication in any form that he was unhappy with any aspect of the construction, except when he asked when we were going to stain the wood. I told him that was never in the estimate, to go back and check. He was mad about that at the time.I think this is [redacted] trying to reduce the cost of his huge, very well built, and fabulous looking porch cover and pergola, at our expense. We never threatened him, only informed him that per the terms in the contract he signed, that we would be adding collection costs, as well as placing a lien in the property. We are merely enforcing our rights under the contract. We will continue with the lien process, as well as adding costs of collection to the bill, and turning this over to collections if it is not paid in a timely manner.

Yes, we are past the due date - mostly due to the fact that [redacted] cannot make up her mind. We spent well over 4 weeks just deciding what countertops she wanted. What she wants isnt in her budget. The amount for the invoices is irreverent because this was a flat rate job, plus upcharges....

What we pay subs or for materials does not effect the outcome or her price. The fact she now decided she is paying too much is too late.The electrician we called was used due to him being available - our usual one was weeks out. He came in and did part of the work (including tons of work [redacted] asked for in addition - such as numerous can lights, etc. When we asked him to come back to finish, he asked if we could pay him then. We did. When We left to get lunch, his helper and an apprentice left, and now he wont return phone calls or come back to finish. We ended up finishing most of it ourselves.We also discussed the many upcharges that she asked for, and then followed up with emails. She did not dispute the fees then, only now, when they are due. In mid-December, we presented a bill for the final payment due, as well as the upcharges. She professed surprise at how much the upcharges were, and claimed she didn't know they were this much. We reminded her about the conversation, and the email. At that p[oint, she asked if she could just pay half of the final bill, and pay the rest and the upcharges after Christmas, because they were short on funds due to the holidays. We thought that was very strange that a neurosurgion would ask a contractor for a loan, but since we are nice people, we agreed. Then she had the nerve to stop payment on the check she wrote us, and said the work wasn't done. We explained that we were not going to do any more work until she made the bad check good, and paid the rest due (now over due). They wrote a nasty email back saying they were hiring someone else to finish, and "would decide if, and how much of the upcharges they would pay". We have gone crazy trying to please this woman, who makes emotional decisions and over reacts. She has been told on several occasions by her husband to "not be so dramatic."The contract is clear, the upcharges were explained, the bill is overdue, and they wrote a bad check. We are pursuing all legal remedies to collect the overdue bills, now totaling over $10,900, plus costs of collections.

Complaint: [redacted]
I am rejecting this response because:It seems that we are only going to go back and forth, each accusing the other of dishonesty. Unfortunately, it seems only litigation is going to solve this. However, I stand by everything I have said, and hope that Revdex.com will continue to investigate this company. It is untrue to say that all that is left is the cabinets and hooking up the floor heat. I have spoken with an electrician and he said it will cost at least $1500 to get the floor working properly, and that does not include the cost to pay a tile person to tear up and relay tile. Below is a list of what is still needed for completion. It is not up to the contractor to determine substantial completion either. Typically the contractor, client, and possibly a third party preform a walk through and compile a punch list. The punch list is then itemized and totaled. Customarily, the client doubles the total of the punch list, and subtracts that total from the contract balance. The difference is paid upon completion of the punch list. This was never even offered as an option. Since we have already paid 90% of the contract, the amount of the punch list, doubled to cover install and labor, is at least if not more than our contract email. I will attach our contract which clearly shows that the cabinets were a part of the initial contract. I will attach the only thing we have that talks about some of the up charges, via email. I will attach UDC's up-charge invoice as well as the electrician invoice to UDC which includes items already in our contract. I do not have enough room, but if Revdex.com would like I can provide emails from Schroll cabinets asking UDC if they will be ordering, even one that has a contract attached. I can also provide all emails regarding the cabinets between myself and UDC that led up to them demanding payment. These emails show clearly UDC's dishonesty. Itemsthat still need to be completed:Cabinets,toe kicks, and cabinet trim need to be ordered, and installedCabinetsneed to be repaired where nail holes and pieces were taken out Floorheat needs to be repaired Tileswill need to be pulled and replaced where floor heat is repaired Windowsneed to be painted Exteriorof home needs to be painted where windows were placed Area in office needs to be painted Baseboards need to be placed and painted Existing baseboards need to be painted Trim needs to be repaired and some needs to be replaced Carpet in the living room needs to be seamed Carpet on the step needs to be repaired A dummy electrical switch needs to be placed Trim needs to be placed above the stove Drywall needs to be repaired in several areas Missing tiles need to be laid Grout needs to be repaired Backsplash and an area of tile need to be sealed The items below, our items we believe need to be fixed properly:Hood mount needs to be straightened Backsplash needs to be repaired so it does not look like an afterthought in the corner Some tiles need to be taken up and relaid.Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:It is clear at this point that we have both dug in our heelsin preparation for a battle over this issue. We have both said some nastythings, and there have certainly been enough accusations and insults on bothsides to further harden each of our positions. Rather than further escalate theconflict by refuting [redacted] claims, I am hoping to diffuse the situationsomewhat and avoid a lengthy and costly arbitration which will be the onlyoption if we continue on our current path.I will start with the points where we agree. First of all, Iagree that the structure of the covering and the pergola are very nice and verysturdy. It is true that there were a number of problems and setbacks during theconstruction. For the most part we took these in stride and worked very welltogether to come to reasonable solutions. I wouldn’t say that I have anycomplaints regarding the construction, were it not for one very large and veryexpensive problem. That problem is of course the color of the roof. As I see it there are three main points to the dispute:1)     What color was the roof supposed to be in the firstplace?2)     What was the agreement for the upcharge of theroof?3)     Is the project complete?I will attempt to state my position on these points asfactually as possible without resorting to accusations or exaggerations, andoffer my suggestions for a resolution. Again, I am not hoping here to ignitefurther argument or contention.First, regarding the color of the roof. I have siftedthrough my records and have found three documents which reference the color ofthe roof. The first is the initial email that I sent to [redacted] explaining theproject and requesting a quote. This email clearly indicates that the color of theroof as brown. The second is a follow-up email that I sent to [redacted] associateregarding a particular metal roof product that I wanted to investigate further.This email also references the color brown. The final document is the applicationthat I sent to our neighborhood architectural design committee for approval of thedesign and color of the structure. This document also indicates the colorbrown. [redacted] was not involved with submitting this document, but I mention ithere as evidence of the consistency of the color choice. If at any time we haddecided to change the color to green, we would have been required to re-submitthe design proposal before proceeding. My position is that the roof should have been brown. I havelook briefly into options for painting the roof. My understanding is that thetotal cost of painting a roof this size will be only slightly less than thecost of replacing the roof. I believe the roof should be replaced, and I amwilling to remove and replace the roof at my own expense, but I don’t believethat I should be responsible for the cost of the original green roof.Second, regarding the agreed cost of the roof. There wasquite a bit of discussion regarding the cost of the roof. When [redacted] was puttingtogether the initial quote for the project he solicited quotes for the standingseam metal roof. I never saw any of these quotes, but communication that Ireceived was that the type of roof that we had requested would increase thecost of the covering to $8000. We decided that this cost was too high, andbegan discussing alternative options. At that point [redacted] suggested a metalpaneling product that would be far less expensive but would look similar towhat we wanted. We accepted this suggestion, and the original contract cost of$6780 was based on this product. After we signed the contract, I received anemail from [redacted] associate on September 9 stating that she had found acontractor who could install a standing seam metal roof at a far morereasonable cost. The email stated that it would increase the cost by $250-300. Wehad a meeting the following Monday and agreed to move forward with this option.I do not have records of any further communication regarding the roof untilJanuary 13 when I received the email from [redacted] requesting an additional $1800for the cost of the roof.My position is that I did agree to pay as much as $300 morefor the roof. Based on the original discussion I believe it was clear that Iwas not willing to pay $1800 more for the roof as I declined that option infavor of a less expensive solution in the first place. I will agree to increasethe outstanding balance by $300 to reflect this agreement provided that theinvoiced cost of the roof is subtracted from this balance.Third, regarding the overall status of the project. I haveattached pictures taken on Monday of the current state of the covering andpergola. The pictures show the missing piece of siding under the roof ledger,and the unfinished condition of the pergola. I admit that these are minordetails in relation to the scale of the project, but I believe that [redacted] as askilled craftsman who takes pride in his work would not be satisfied callingthis complete. My position here is that because there are still unfinished aspectsof the project, the $1000 late fee that [redacted] is requesting is unwarranted. I amwilling to take care of the unfinished details at my own expense, and do notwish to decrease the cost of the balance to compensate for this.Finally, as I mentioned earlier, it is my desire to avoidthe additional hassle and expense of the arbitration process that is stipulatedin the contract. As a show if good faith in the negotiation I am willing tooffer an additional $300 which is half of the fee that both parties are chargedfor the arbitration service. This, in addition to the aforementioned $300upcharge for the cost of the roof as well as the $355 that is owed to cover thecost of the permit application would bring the final outstanding balance to $3735.I ask that [redacted] subtract the invoiced amount for the metal roof, refrain fromfiling his lien, and provide a written release from the contract.I hope that [redacted] and his associates will take this offerinto consideration. It is not my intent to unfairly avoid paying for the justifiedcosts of this project. As I mentioned earlier, I am mostly very happy with theoutcome of the project, and in the end I expect that it will cost me a bit morethan the contracted amount to rectify the color of the roof. What I am tryingto avoid is paying twice for the roof when I don’t feel that I am responsiblefor that particular choice.
Regards,[redacted]

Complaint:[redacted]I am rejecting this response because:
The reason we were past due on the countertops is because ** presented mewith countertop options that were not in by budget. I picked thecountertop I wanted on August 20th, she did not tell me that it wasout of my budget until September 15th, that was 15 days before ourproject was supposed to be done. Even if my choosing countertops andfloors that were out of my budget were my fault, she should havechecked on that right away, not 3 weeks after I had given her mychoice, and 2 weeks before the deadline. It was **'s responsibilityas the project manager to present me with options in my budget, whichshe did not. If it is worthwhile I can submit emails that show when Ichose the countertop and when she told be it was out of our budget.Also, when she finally did tell me that the countertops were out ofmy budget she just told me to go look for something that was $40sqft.She gave me very little guidance. I was texting, emailing, andcalling trying to find a way that I could help speed up the process.With very little response. When we had talked about the type ofcountertop we wanted at the beginning we had said middle of the roadwhich was around $60-$70sqft. Due to our ignorance the price was notstipulated in the contract as to what we would spend on countertops.So when they said it was $40sqft, we felt that we didn't have much ofa say. That is why we continually asked for a copy of the “budget”to see how everything broke down. Which of course we never received.For all we know they could have put $15000 into our house and takenthe rest for profit.We foolishly signed a contract that said we would pay a flat rate, anddid not stipulate that they had to show us invoices. However, anyhonest company should be happy to show. We would expect them to takea 20% profit, but I have a feeling they are taking an undeservedprofit and that is why they are unwilling to show invoices. As far asthe up charges, they absolutely need to show us invoices andreceipts. There was never a formal change order, though one waspromised. The amount of up charges was almost twice of what we wereexpecting. We never said we would not pay, but just asked forreceipts and invoices. Also, we were in contact with the electricianwho worked on our house. He was only paid $1000, and that includeditems that were already in our contract, and some that were not.Urban Design billed us $1900 alone in up charges for the electrician.That does not make sense since the $1000 paid to the electricianincluded all the work in our contract plus any add ons. I think thatshows clearly that they are being dishonest in their dealings.As far as the electrician is concerned, this speaks to their lack ofplanning. If they are going to promise a September 30th deadline with"time is of the essence' included in the contract, then theyshould have at least confirmed an electrician before promising thedeadline (that also is true of the fabricator).The electrician finished most of the work. He left because he felt thatUrban was blaming him for things he did not do, and he felt that theywere not going to pay him the complete amount owed when he was done.The only electrical that Urban did was connect some floor heat, butthat was not done correctly and still needs to be finished. As wellas put in some light switch covers. Again, definitely not $1900 worthof work.We did discuss up charges, but not in the amount that she billed me. Oneof the up charges was tiling of the mudroom. She quoted $10sqft, atabout 50 sqft, plus $250 in demo. She did say that demo was more thanthey thought it would be, but I contested that saying that I did notsee the workers work as many extra hours as she claimed, as there wasquite a bit of time spent talking. Also, one of the workers said thatthe demo was standard, and that there was no basis for ** to say itshould be more. ** was there for maybe 10 minutes that day so shetruly has no idea how much work was done. There was only one emailwhere I initialed my ok for the electrical work, and everything elseI questioned. There was an up charge for opening a doorway wider. Isaid I would pay it just to get it done, but I contested in thatemail that the doorway had not been open for 24 hours before theyplaced the header. Also in this email change orders were promisedwith specific numbers, which we have never received.Urban's accusation that I asked for a loan, and that I said I would pay halfof the final payment and the up charges in January is not true. I wasvery surprised when we received the bill in December. Despitesuspected dishonesty, I just wanted to be done with UDC as soon aspossible. I went ahead and told her I would pay the up charges, andwrote her a check. I told ** that we would pay the final payment inJanuary and February, assuming they were done with the project. Iabsolutely did not ask them for a loan. I wrote a check for the upcharges on December 22nd. On January 5th I found out that ** had liedabout the cabinets being ordered. As soon as I found out she had beenlying for two months about these cabinets (claiming they were orderedin November, saying they were delayed in December and would be inmid-January, and it turns out she had never even ordered them) Ichecked to see if my check had cleared. When I saw that it had not Iimmediately stopped payment and let them know. It is unfortunate forthem that they did not cash the check when I wrote it , as I wouldnever write a check I could not pay. Due to their dishonesty aboutthe cabinets, we requested invoices and receipts for the up chargesbefore we wrote them another check. That was perfectly legal. Itfalls under the "Good Faith Dispute" statute, whichbasically means if there is any dispute or suspiscion of foul playone can stop payment on a check until that is resolved. They didnothing to try to resolve it. They strung us along for a week tryingto find a way to cover up their mistake that they had not ordered thecabinets. ** even agreed to get us invoices and receipts for the upcharges. When ** figured out she couldn't lie or blame her way outthe cabinet issue that is when they demanded final payment and all upcharges before completion. As far as final payment, our contractclearly stipulates that final payment is not due until everything issubstantially completed, which is usually about 1% of the total bill.There is still about 10% left of work to  be done. My husband has never said that I was dramatic. If they want to say I amemotional, that is fine. We paid $35000, was not treatedrespectfully, deadlines were not met due to poor planning, andmanagement. Blame was placed on me for being indecisive, when theproject manager was giving me samples of things that were not in mybudget. ** was rude if I questioned her. She would constantly saysome one would be here and then no one would show up. I would rarelyget a call or a text if no one was coming, and if I texted her Iwould get one word answers like “nope”, if anything. To blame mefor picking things out of my budget is a joke since ** brought me thesamples to choose from. I also gave her my choices well in advanceand she didn't tell me they wouldn't work until two weeks (counter),and days(floor) before the deadline to finish. Again I want to reiterate that we never refused to pay them. We asked forinvoices and receipts for the up charges once their dishonesty wasclear. They were never provided. We said we would not pay the finalcharges until work was substantially complete per our contract. The“nasty” email they are referring to just named everything theyhad not completed, as well as things that were not completed to acraftsmen like standard. We said if they wanted to discuss it furtherwe could arrange a meeting. They at that time refused to finish.They didn't try to work things out, arrange a meeting, or come by anddo a walk through to compile a punch list. They told us to pay themor else. If we paid them everything, then they would have noincentive to finish, and given that we are 4 months past thedeadline, I can't see them finishing anytime soon. For someone thathas “gone crazy” trying to please us, it should not have takenthis long to finish. I could go on and on over disputes on how workwas done and when it was done, but the bottom line is they are inbreech of contract for two clear reasons. 1.The contract clearly states that “time is of the essence”. We are 4 months past the deadline. This is due to poor management, lack of planning, and taking other jobs and placing a higher priority on their completion than on ours. 2.Our contract clearly states that we would pay $10000 at signing of contract, $25000 at the start of the project, and $5345 upon substantial completion. We have paid $35000. Our house is not substantially completed. There is at least $5000 of work left to be done, not to mention things that need to be fixed properly. Substantial completion is usually determined as less than 1% of the project price, and there is clearly much more than that left to be finished. We have spoken with a lawyer. He agrees that Urban Design andConstruction are in breech of contract. We do not want to have topursue an arbitrator in this case, but would rather cut ties and goour separate ways. I am more than happy to provide emails of when Ichose the countertop and floors, and when ** responded saying theywere out of my budget. I also will provide our email conversationsfrom the time that we found out the cabinets had never been ordered.I can provide the electricians invoice as well as Urban Designs upcharge invoice to show the large price discrepancy. I can alsoprovide the one email in regards to the up charges.