Complaints

• Initial Complaint

  12/03/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  This complaint is being submitted because I have made numerous attempts to recover money paid to a contractor I had hired to build a custom home in *********, ID. On March 1, 2024 I paid *************** a $15k deposit to reserve a place on their schedule for 2024. I paid an additional $10k at the signing of the contract. From March 1, 2024 until I ended my relationship with them on September 6, 2024, very little work was actually completed, which is why I ended the relationship. In hindsight, I believe I was misled from the beginning, that while they were taking my money they didnt actually have subcontractors lined up to do the work but didnt want to loose my custom build so were slow-walking everything until they could say it was too late in the season to proceed with the build. I told them I was ending our relationship, that I would pay for any expenses they had incurred and would pay a REASONABLE amount for the time they had spent on my project and expected the remaining funds be refunded to ***** this point, I feel I have done everything possible to resolve this situation with the contractor and, therefore, am submitting this complaint to BBB. I have worked with numerous contractors over the years, some good, some not but I have never encountered a contractor this unethical. As I told *****, he took what should have been a dream come true experience for me and turned it into a soul crushing nightmare. Finally, Im attaching a review from **** ****, which describes a very similar experience with ***************. See Sali_Ashe_Review. I would greatly appreciate the help of BBB to recover at least $10k of my money (prefer $13k), as well as hold AJ Construction accountable for their unethical behavior.See Complaint.doc and Complaint_time_line.doc for all details.

  Business response

  12/10/2024

  Complaint ID ********

  
  This client is mistaken in her recollection of the facts. She contacted *************** and
  requested that we construct a single-family residence for her on the property she owns.
  She would provide construction drawings and documentation through a local Architect. At
  that time, we collected our standard nonrefundable deposit to hold a spot in our
  construction schedule and begin the process. We provided her with a generic contract for
  review, which her attorneys reviewed and requested multiple revisions which we happily
  agreed to. We also provided her with a list of references for current clients that we were in
  the process of building homes for. After 3 months we finally received plans for her home.
  Once we had the plans it was apparent that the drawing provided would not be approved by
  her local ************************** (***). Neither the client nor the architect had
  bothered to review the requirements or schedule the required preliminary meeting with the
  ***.

  
  With hat in hand, I approached the *** and after multiple meetings and revisions to the
  plans they gave me permission to proceed. I acquired a variance from the *** to allow the
  home to be built outside the original plat approved location, we modified the plans to meet
  the *** and clients requirements. ALL this work was done by *************** at no
  additional cost to the client. On July 24, 2024, The Client signed the contract and provided
  us with the second portion of the nonrefundable deposit. We applied for the building
  permit required to begin construction.

  
  We immediately sent the drawing out to our subcontractors, suppliers and engineers to get
  the required documentation for permitting and budgeting purposes. The following is a
  partial list of services provided and or paid for by ****************
  
  Survey work & Engineering - ****** Engineering erosion control
  Building Permits - ************* permit fee
  Permits - ************* GIS driveway receipt
  Survey work & Engineering - ****** Engineering storm water management
  Valor Fire suppression design
  Landscape plan
  Fire District driveway plan
  Locate property pins
  
  Stake house location
  Local fire district application
  Road application,
  State fire application,
  Sewer sign-off application
  Mark trees for removal
  Driveway permit stake
  Prepare *********** for ***
  Architectural Design - Plan revisions.
  Site plan overlays for variance approval.
  Bid out hard numbers for project
  
  With all of this completed the County issued the property location permit on 8/27/2024. We
  had the site location inspected and approved on 9/10/24. We are finally ready to break
  ground.

  
  On September 11, 2024, the client informed *************** she did not want to proceed
  with construction, I was not allowed to enter her property, and she wanted her money back.
  I informed her that we were disappointed being so close to breaking ground but would not
  enter her property without permission. I reminded her that the deposit was nonrefundable,
  but I would do a job cost analysis (***) to see if there were unused funds. Upon completing
  that *** it was apparent that we had spent more than we had collected on getting this project
  ready to start. The client indicated that I invoiced her for more money. That is not correct. I
  provided her with a Job Cost Statement showing her what AJ Construction spent or still owed
  on the project. The amount *************** would spend did indeed surpass her deposit.
  Even though the nonrefundable deposit had been spent AJ offered to refund 40% of her total
  nonrefundable deposit if she would sign a contract termination agreement and stop bad
  mouthing our company to all the everyone in town that would listen. She refused. At that
  point I felt I had tried to do everything reasonable to work with this client and it was apparent
  to me she was not interested in coming to any type of agreement.

  
  Not only has this client tried to damage our reputation, but she has cost ***************,
  and our team of subcontractors and suppliers lost revenue by defaulting on a contract that
  
  we all had left an opening in our schedule to construct. By waiting till the last minute to pull
  out of the contract she left many workers, not just ***************, with an open slot that
  would not be able to be filled before winter weather arrived.
  *************** is a family-run company that prides ourselves on treating our customers
  fairly and with respect. If this client decides she wants to move forward with the construction
  of her new home, we are ready and willing to work with her. The engineering and permits are
  good for 12 months. If she chooses to work with a different builder, we will be happy to
  provide the permit and engineering for her use.

  
  Thank you for your interest in this matter.

  Customer response

  12/15/2024

   
  Complaint: 22588474
  
  I am rejecting this response because:

  I can refute nearly every remark Mr. **** has submitted in his response
  
  Sincerely,
  
  ***** ****** *****

  Response to AJ Construction (See attachment Response to AJ Construction with screenshots for more detailed information)

  The reply from *************** is greatly appreciated as it shines a bright light on what I have been dealing with for months.  Much of this reply can be refuted by going through my initial complaint .  Throughout my initial complaint I have referenced attachments, which are actual electronic evidence to back up what Im saying because someone can say anything they like,true or not. There must be factual evidence to substantiate what one is saying.   *************** has not provided any evidence to back up what they are saying in their response.  Therefore, I will refute practically every remark said in their response and, unlike them, I will provide electronic evidence to back up what Im saying, much of which are Mr. ***** own communications during our working relationship.

  Refuted remark: After 3 months we finally received plans for her home
  As noted on my timeline in my initial complaint, I began speaking with *************** (AJC), specifically, ***** ****, in November,2023. In my email on 11/28/2023, before I ever decided to work with them,before I ever paid the $15k deposit to be on their 2024 schedule, I sent them my house plans.  In this email I am sending my plans (to date), as well as plans for my kitchen design already done by a cabinet maker and a document of finishes Im interested in (see attachment BBB_DDT_112824_email).
  I sent *** an email on January 15, 2024 with my final house plans attached and asked if they would be able to provide an estimate of what it would cost to build my custom home (see attachment BBB_DDT_011524_email). 
  *** sent an email on January 19, 2024 with an actual estimate based on my house plans (see attachment BBB_AJC_Estimate_Email_011924):
  I sent another email in February, with attachments of house plans, kitchen design, ********** Guidelines, etc. Again, before ever saying I wanted to hire them for my custom build, before paying an  initial deposit to be on their 2024 calendar (see attachment BBB_DDT_021024_email).
  Perhaps these emails will help *** with their recollection of what took place, the order it took place and when it took place.  The only difference in the final set of plans provided in January from the original one sent in November is the stairwell was moved from one side of laundry room to the other side of laundry room, which would not impact cost in anyway.  I believe there is plenty of electronic evidence to refute Mr. ***** claim that After 3 months we finally received plans for her home

  Refuted Remark: we provided her with a generic contract for review, which her attorneys reviewed and requested multiple revisions which we happily agreed to
  What ACTUALLY occurred is on November 28, 2023, I sent a questionnaire (see attachment DOC1_Questionaire) I asked Do you have a contract I can review and their reply was Yes.  I received this sample contract on 12/06/2023. I did ask my attorney to review and he left me a voicemail that the contract seemed like a standard contract, no concerns.  This sample contract is attached in my initial complaint, DOC2_Sample_Contract.
  Notice the wording in the sample contract sent on 12/06/2023:
  
  IV. SCHEDULE
  4.1 Commencement and Completion of the Work. Contractor shall commence the Work within Thirty (30) calendar days of receipt of a building permit and verification of construction funds availability and proof of owners builder's risk insurance . Subject to the permitted extensions and delays provided herein, Contractor shall Substantially Complete the Work within Three hundred sixty-five (365) calendar days after the commencement date.
  ______________________________________________________________________________________________
   In the actual contract I finally received on June 18, 2024 it is written as Contractor shall commence the Work within Three Hundred Sixty-Five (365) calendar days of receipt , which I and my attorney questioned. When I presented this question to AJC the explanation was thats a typo.  As I stated in my complaint, in hindsight, I believe they were hoping Id sign as stated because their intentions were to begin the build in the Spring of 2025, not in the Spring of 2024.  I would guess they did not have subcontractors lined up to actually do the build as there was the incentive of profit for them to do the build and, therefore, should have wanted to get going as soon as possible.

  Remark Refuted: I approached the *** and after multiple meetings and revisions to the plans they gave me permission to proceed
  While it is accurate that neither me nor *********************** who designed house plans) received preliminary approval on my house design with the ********** ******************* (***), *** has GREATLY exaggerated the effect this had on my build.  I was aware I had to have the *******************s (***) approval of my plans BEFORE building but I had overlooked the requirement that they were to be included DURING the design phase.  It should also be noted here that *********** *** requires all contractors to meet with them at different phases throughout the build process and *** was aware of this requirement from the ********** Guidelines attachment I sent them in my February 10 email. 
  As discussed in my initial complaint, I went to ***** on April 2, 2024 to meet with ***, meet with *** ******* (from the ********** and a member of the ***** and address anything else necessary to get my build underway.  ***** **** and I met with *** ******* on April 16 at the **********.  I apologized for not realizing I was to include the *** during the design phase for my new home,  I introduced my contractor, ***** ****, and said we wanted to find out what needed to happen to get on track so that my build could move forward.  I brought my laptop to the meeting and the three of us reviewed the plans.  *** felt the design fit in very well with what they wanted in the **********.  *** asked numerous questions about what type of materials and color scheme we had in mind for the exterior of my home.  He explained to Mr. **** that he would need to put together a color board of all the intended materials for the exterior before proceeding with the build. He said he did not see any issues with the design plans but that because the plans were drawn in such a way that part of the house was outside of the designated building envelope, as outlined by the **********, that we would need to obtain approval for this variance. Our meeting lasted around one hour.
  After the meeting, Mr. **** and I continued the conversation in the parking lot.  Mr. **** said he would begin preparing the permit package and I asked if there was anything I could do to help with that, he replied, no, it was detailed information he would need to put together. 
  By this time I have returned to ******* so I asked Mr. **** if he could take the plans to the *** meeting, which I believe is held every week at the ********************, which is less than 5 miles from Mr. ***** home/office,.  Mr. **** attended the meeting on 5/22/2024, at which time the variance was approved. Below are emails related to the meeting (see attachments BBB_AJC_052024_email and BBB_AJC_052224_email):
  I received a formal letter of this approval from *** ******* on 06/11/2024 (see attachment BBB_variance_approval_061124)
  In an email, dated 6/12/2024 (see attachment BBB_AJT_061224_email), *** has noted the permit application should be submitted next week.  *** has now been preparing the permit package since Mid April.  It is also noted they are preparing contract for signatures but nothing is mentioned here or anytime before that the contract must be signed BEFORE the permit application can be submitted, keeping in mind that *************** has taken a deposit of $15k on March 01, 2024, which would cover all costs in submitting permits, including **************** time to prepare permits (See DOCA2A_Final_Invoice from initial complaint attachments for permit charges)
  For the FIRST time, on June 27, *** says We typically like to have a signed contract before we submit for permits and also note on June 27 and they are saying The permit package is ready to submit just waiting on the erosion control plan15 days after saying permit package should be submitted next week (see attachment BBB_AJT_062724_email)
  However, after taking a $15k deposit from me on March ******* they have not provided me with the contract until June 18, 2024over 3.5 months since taking my deposit (see attachment BBB_AJT_061824_contract_email).
  In AJCs final invoice (see attachment DOCA2A_Final_Invoice)they list the below costs for submitting permits:
  Survey work & Engineering - ****** Engineering ********T
  Building Permits - ************* permit fee ********T
  Building Permits - ************* permit fee *****T
  Permits - ************* GIS driveway receipt ******T
  Survey work & Engineering - ****** Engineering ********T
  Valor Fire ********T
  ********************** plan 375.00T
  Permit application, local fire district application, road application, state fire sign-off application, sewer sign-off application ********T 16 HRS
  Total Costs of submitting permits based on AJC final invoice: $12,642.01
  After subtracting ALL of these costs from the $15k they have received from me this still leaves them a balance of $2,357.99 from my deposit.
  Here are some questions I think *** should address:
  Why did you tell client as early as 04/16/2024 that you would begin preparing the permit package, provide update on 06/12/2024 that permits would be ready to submit next week and then on 06/27/2024 tell client permits are not typically submitted until contract is signed, when contract wasnt even sent until 06/18/2024?
  If you had clients $15k deposit to build a custom home since 03/01/2024 and the total costs, (including your time) to submit the permits was $12,642.01 (according to your invoice), why would you not submit the permits before the signing of the contract that you didnt even provide to client until 06/18/2024?
  If you had subcontractors lined up to do the build and you had a $15k deposit from client to cover the costs to submit permits why would you not submit permits as soon as possible so that work on the custom home could begin as soon as permits were received so AJC and subs could earn income from the build?

  Remark Refuted: I approached the *** and after multiple meetings and revisions to the plans they gave me permission to proceed.  I acquired a variance from the *** to allow the home to be built outside the original plat approved location,we modified the plans to meet the *** and clients  requirements. ALL this work was done by ***************** at no additional cost to the client
  ***** **** attended two ******************* (***) meetings and the initial meeting with *** ******* and myself that I mentioned earlier.  Again, the location of the meetings are less than 5 miles from his home/office.  Our initial meeting with *** ******* was around one to one and a half hours.  One meeting was regarding the variance, at which time the variance was approved and I cant imagine it would take more than an hour and the other meeting attended on 07/30/2024 to update the *** on a current status of project, which, again,was likely an hour long meeting.  AJCs response insinuates massive amount of time and effort was required, which is simply nonsense.  They go on to say all this time and effort was done at no additional cost to the client.  Then AJC should explain the line items submitted on their final invoice, charging a total of $2850 for attending and preparing for the meetings, which amounts to $950 per each, approximately, one hour meeting:
  ********** design meetings including prep time, phone calls, emails, revisions ********T 30 hours
  Architectural Design - Plan revisions ******T 4 hours
  Site plan overlays for variance approval ******T 4 hours *
  *I also have an email from **** *******, at *************** that provided the site plan overlay for the variance, which he charged nothing for providing, so perhaps *** can explain why they are charging me for 4 hours of work @ $75/hr ($300) on their final invoice.
  

  Remark Refuted: The client indicated that I invoiced her for more money. That is not correct. I provided her with a Job Cost Statement showing her what AJ Construction spent or still owed on the project
  See attachments DOCA1_Final_Invoice and DOCA2A_Final_Invoice.  Mr ***** email on 10/08/24 says: Attached is the final invoice for the services rendered to the date you requested termination of your contract with AJC.  The attachment in the email is titled ***** invoice 10.7.24.pdf and when you open the attachment, in BIG, BOLD print in the right hand corner it says: INVOICE.    Mr. **** is trying to justify listing a charge of $6089.50 to Valor Fire that he never paid by saying it was a Job Cost Statement, which is mentioned NO WHERE in the email or attachment.  He is saying this in an attempt to cover himself because he learned I had contacted Valor Fire to confirm the charge and if payment was made, at which time I learned *** had never paid the vendor,however, in the final *** invoice they are charging me.  I learned Valor Fire did indeed work on my project and billed AJC $6089.50 (50% down to install a fire protection system)they billed AJ Construction in July, August, September and October but never had received payment.  *** had $15k of my money since 03/01/2024 and another $10k of my money from 08/02/2024, so why was this invoice not paid but *** is charging me on their final invoice? Valor Fire told me if the system was not to be installed they could adjust the charge to just cover their time for drawings and submitting a permit for the system. They later confirmed on 11/14/2024 that *************** agreed to cut them a check for $2200 (see attachment BBB_DDT_Reply_Valor_Fire.  Whether or not they ever received this payment I do not know.  Point being, ******* was listing a charge of $6089.50 that I supposedly owed him but that he never paid after being invoiced 4 times, over 4 months.
  

  Remarks Refuted: The amount AJ Construction would spend did indeed surpass her deposit. 
  AJC cannot legitimately say they used the $15k deposit I paid on 03/01/2024 and the $10k down payment I paid on 08/02/2024.  By my estimation, AJC cannot justify more than $14.5k for expenses and their time spent on my project (see attachment DOCB1_Reply_to_final_invoice).  It has already been discussed that **** final invoice noted a charge for Valor Fire in the amount of $6089.50, which was later revised to $2200, which is a difference of $3889.50.  AJC final invoice notes a charge for $2250 for bid out hard costs for project after stating in 11/28/2023 questionnaire that they do not charge to do a bid.  These two adjustments alone total $6139.50 to be deducted from their final invoice.  In my estimation, these are the legitimate costs AJC is actually owed:
  $2833.25 Sewell Engineering
  $2200.00 Valor Fire (assuming they have paid)
  $2144.66 Permits
  $7177.91 Total
  After subtracting this amount from the $25k I have paid AJC that leaves a balance of $17,822.09. There is NO WAY that *** can claim they are owed anything close to this for the time spent on my project when all they actually completed was to attend 3 *** meetings, get bids from subcontractors (if they actually even did this),prepare contract, submit permits, and stake property.  Even if I GENEROUSLY offered to pay them for 100 hours @ $75/hr (their hourly rate) the total owed to AJC would be $14677.91.  The $25k I paid them, minus $14677.91 would leave $10322.09 that should be returned to me (again, assuming they actually finally paid Valor Fire $2200).
  The contract I signed with AJC (see attachment DOC12_Contract) describes the $10k due at the signing of the contract as a down payment and will be credited towards final payment at completion of the project.  Obviously, the project was never completed and, actually, barely started. After 7 months of working with ***, the only major task completed was *** submitted the permits.
  

  Remark Refuted: Not only has this client tried to damage our reputation, but she has cost *************** , and our team of subcontractors and supplier lost revenue by defaulting on a contract that we all had left an opening in our schedule to construct.
  I will again refer to Mr. ***** responses to my questionnaire on 11/23/2023 (see attachment DOC1_Questionaire)
  Specifically, Mr **** responded to the question What is your timeframe to build? and his reply was: 6 to 8 months from permit to finish is typical here in *************** Yet, in the 7 months I worked with *** they spent the entire time playing delay games and blame games, which is why I ended the relationship.  It took them 5 months to even submit the permits.  AJC, as well as any subcontractors, are well aware the building season in ***** is not very long. Mr. **** wants to  blame the variance approval for delaying the permits being submitted, which I have already shown was approved by the *** in one meeting on 5/22/2024.  Next, after months of NEVER saying contract must be signed before permits can be submitted when they didnt even provide me the contract until 6/18/2024 and even though they have had a $15k deposit from me since 03/01/2024, which could cover all costs of submitting the permits, he then blames the delay in the contract being signed as to why the permits have not been submitted.  He made excuse after excuse.   Mr **** wants to talk about how much business I cost them, how they and their subcontractors couldnt fill the void I left by backing out on the build.   Mr. **** had a six figure incentive (their profit for the custom build)to get my build underway.  Their subcontractors stood to make significant profits, as well, and yet after 7 months the only significant task *** was able to complete was getting the permits submitted and staking my lot. The permits should have been submitted no later than 06/11/2024, which means permits would have been issued and ground should have been broken by 07/15/2024, which means my new custom home should have been dried in by 10/15/2024, which means subcontractors could have worked through the winter to complete my new custom home by late Spring, early Summer.  Or, according to Mr. ***** answer on the questionnaire, my new custom home should have been completed in December or February (6 to 8 months).  Mr **** wants to blame me for having a void on their schedule when I was constantly expressing concern that nothing was happening on my build.  Before I paid the $10k down payment at the signing of the contract I had an hour long phone call with **** **** where I expressed concern that *** was not being straight with me that my house would be dried in by winter.  I was told,barring any unforeseen issues, they could have my custom home dried in by winter and provided a mock schedule showing how that could still be achieved (see attachment DOC11_Schedule).  I was told the excavator was standing by, ready to begin the minute we had the permits.  The last update from AJC was on 08/30/2024, after permits  were received on 8/27/2024,  that said Excavator looked at lot and can begin in a couple of weeks or so.  After this update and recalling the initial contract that said work will commence three hundred and sixty five (365) days after permits are obtained I realized *** had no intention of doing anything more in 2024 than perhaps digging a hole for my custom home and that I needed to end this relationship.  If, after 7 months, AJC was not able to even break ground on my project, at this rate, my custom build would likely take 2 years to complete.  Not to mention, it became clear AJC had not acted in good faith or in an ethical manner. AJC has no one to blame for the void in their schedule but themselves.  I did not end our relationship because I decided not to build a custom home, I ended my relationship with *** because in 7 months they made minimal progress.  I believe its because they did not have subs lined up to actually do the work. It seems obvious that if they did have subs lined up, my build would have been progressing because the money *** and the subs would make would be based on work completed. Instead, next to nothing happened in 7 months.
  

  Remarks Refuted: Even though the nonrefundable deposit had been spent AJ offered to refund 40% of her total nonrefundable deposit if she would sign a contract termination agreement and stop bad mouthing our company to all the everyone in town that would listen.  She refused. At that point I felt I had tried to do everything reasonable to work with this client and it was apparent to me she was not interested in coming to any type of agreement
  The contract I signed with *** (see attachment DOC12_Contract) describes the $10k due at the signing of the contract as a Down Payment and will be credited towards final payment at completion of the project. Obviously, again, not only was it never completed, it barely got started after 7 months.
  
  I initially contacted Valor Fire on 10/29/2024, which is when I learned that *** had never paid this vendor.  I assume Mr. ***** comment about me bad mouthing their company has to do with him learning that I was contacting vendors to confirm charges and payment received, even though I told Mr. **** on 10/21/2024 (see attachment DOCB1_Replay_to_final_invoice) that I would be verifying the validity of these charges with vendors.  I would also add that the only one damaging **** reputation is AJC. I have already exposed the fact that *** was trying to charge me $6089.50 for an invoice from the vendor that was still outstanding after 4 months.  I was concerned that if this vendor did not get their money that they might pursue me to recover costs, perhaps put a lien on my property.
  Miraculously, I received an email from *** on 11/01/2024, offering to issue a check to me in the amount of $10k if I would agree to sign a termination agreement, which included to not mention them in any media (see attachment BBB_AJC_Reply_Term_Agree_Email and BBB_AJC_Reply_Term_Agree_Doc).  They stated I must reply in 5 days or the offer was void.  I replied on 11/03/2024 (see attachment BBB_DDT_Reply_Term_Agree_Email) with a counter offer that I would sign their agreement if they would issue a check for $13k.  Reason being is because at this point I have learned that *** never paid Valor Fire and I want to be sure they are paid for their services.  I never received a reply back from *** because I dont believe this was ever a legitimate attempt to resolve this issue but rather to show they made an attempt to resolve.  Mr. **** has said in this reply that *** determined all the money I gave them ($25k) had been used up and now he wants to say that he is generously offering to return $10k to me and that I refused.  Of course, I have emails that show that is not true.  Mr **** learned I had talked to Valor Fire and found out he had never paid them.  He offered the $10k because he knew I wouldnt accept it after learning the $6089.50 he was charging me in his final invoice was not owed because it had never been paid by AJC.  I emailed Mr. **** again on 11/14/2024 (see attachment BBB_DDT_Reply_Term_Agree_Email2) that after having spoken to ****, with Valor Fire, and learning that *** had agreed to pay them the adjusted amount of $2200 that I would now accept the $10k offer.  I never heard from *** again until their reply to my BBB complaint.  Clearly, this refutes everything Mr. **** wrote in his response about trying to resolve this issue with me.
  
  In closing, I would like to summarize my response by noting that I can refute practically every remark Mr. **** has submitted in his response.  I dont just refute through my narrative but by also providing digital evidence. *** has provided zero evidence in their response because there isnt any to back up what they are claiming.  The truth completely negates ******************************** **** have acted in bad faith and unethically throughout this relationship and it can be backed up over and over again through digital evidence, many are ******* ***** own communications.  AJC/Mr **** cannot justify keeping the full $25k they took from me.  *** likes to keep saying the money is non-refundable but the money was paid with the understanding it would be applied toward my custom build, which, as has been noted multiple times throughout this response, that after 7 months, *** could not complete anything but submitting the permits.  I told them from the time I ended the relationship I would be happy to pay for all expenses incurred on my project,as well as a REASONABLE amount for their time and they would need to return the remainder.  In turn, they have continued to act in bad faith.  They cannot justify taking $25k from me when they did not fulfill their agreement to build my custom home.  They owe me at least $10k (assuming they paid Valor Fire $2200) and I will pursue through all options available to me.  Perhaps they think I will give up,cut my losses and go away.  I will not.  I will not allow AJC to turn my dream into a nightmare, waste a year of my life, take at least $10k from me in bad faith/not earned and then just walk away.  
  
  If Mr. **** is concerned with the reputation of *** I would offer the following suggestions1) Act ethically and in good faith and ensure you can show that you have with EVIDENCE, 2) Return money that is not owed or earned, 3 )When responding to a complaint about you and your company, before submitting your response, that is riddled with remarks that can be easily refuted with EVIDENCE (many times by your OWN previous communications), pause and ask yourself if it might damage/incriminate you and your company. I will now be adding this exchange to the vast amount of documentation I have already gathered, which will be included in EVIDENCE I provide to other agencies like DOPL and ******************************, as I continue to pursue recovering my money.
  
  Thank you.
  
  

  Business response

  12/30/2024

  Complaint: ********
  I have a hard time responding directly to this clients concerns because her statements
  are not factual.
  I will respond directly to the BBB request for additional information, sorry for the delay,
  as we were closed for the Christmas week.
  BBB Asked:
  Please address the consumer's request for transparency in expenses and their
  claim of intentional delays/unpreparedness.
  First transparency in expenses:
  When the client informed *** that we were not allowed on her property and that she
  was stopping the construction of her home, she asked for her nonrefundable deposit to
  be returned. Actually, she screamed it into the phone. I explained that there were still
  outstanding invoices pending and once I received all the invoices that pertained to her
  project, I would evaluate what was the cost *** had invested into her project.
  I provided her with a written summary of all the cost we had incurred in preparing her
  project for construction. It was obvious that the costs incurred well exceeded her
  deposit. We did not invoice for the additional costs, but simply listed them in the
  statement for clarification. Many of these costs were not part of our contractual
  responsibilities but we either performed them or paid for them to keep the project
  moving forward.
  Again, the Client and her attorney reviewed the contract, asked for modifications and
  agreed to the nonrefundable deposit. We did not invoice for any of the additional
  services provided but used the entire deposit to cover **** costs of services
  performed.
  Delays:
  All delays on this project were caused by the client. She failed to include the
  Architectural ************ (***) in her design process. Had the home located on the
  wrong location on the property per the *** preapproved build area. And she delayed
  signing the contract.
  Here is the timeline that pertains AJC exceptional performance for this Clients project.
  On 07/24/24 The client signed the contract
  On 08/27/24 *** Received the permit from ***********************
  Department (****). This was a very fast return due to *** having all the
  required engineering and documentation submitted properly.
  On 09/10/24 **** approved the site location and gave permission to begin
  construction on the project
  46 Business days from the time this client signed the contract till we had the
  County permit in hand and all required inspections approved and were ready to
  begin construction. This was a very fast turnaround for building in ******
  County.
  On 09/11/24 The client became in breached the contract when she informed ***
  she no longer wanted to move forward with construction, demanded we not
  enter her property and demanded her nonrefundable deposit back.
  Unpreparedness:
  This is not true. Before *** was ever involved in this project the client and the clients
  architect designed the house that did not meet the Architectural ************s (ARB)
  requirements. Also, the site plan was designed in a manner that placed the home
  outside designated pre-approved build area. *** discovered this issue and worked with
  the client and the *** to revise the design and get an approved variance. Signing the
  contract, getting the permits and starting construction all hinged on getting this
  variance approved. Once this was all completed and *** was just days away from
  breaking ground on the home, she stopped the project. We had the entire project
  scheduled, subcontractor contracts had been awarded, all the specifications had been
  written out and agreed to. She had selected the finishes for her home.
  *** tried to work with this client, we would be happy to help her build her dream home.
  She is not interested in having *** build her home. We have also offered to provide all
  the Architectural drawing and engineering for her project if she wants to work with a
  different home builder. It is my opinion that she simply has changed her mind and no
  longer desires to build in **************.
  Thank you for your consideration in this matter.

  Customer response

  01/03/2025

   
  Complaint: 22588474
  
  I am rejecting this response because:

  This complaint is regarding a dispute over funds paid to *************** to build a custom home in ********** ID.  I paid a $15k down payment to *************** on March 1, 2024 and another $10k on August 2, 2024.  As has been discussed, I sent an email ending my relationship with *************** on September 9, 2024, at which time I said I was happy to pay any expenses incurred and a REASONABLE amount for their time spent on my project.  The contract stated these deposits would be credited towards final payment at completion of the project.  It is also stated that the $15k down payment is non-refundable.  It does not state the $10k down payment is non-refundable.

  
  2.3 Down Payment. Owner has paid the Contractor a nonrefundable down payment of Fifteen thousand dollars ($15,000.00). An additional Ten thousand dollars ($10,000.00) will be due at signing of contract. The down payment shall be credited against the Contract Price. Owner to provide proof of sufficient funds, either personal or through lender financing prior to construction beginning. Down payment will be credited towards final payment at completion of the project.
  

  Not only was the custom home never completed, but after 7 months as the general contractor for this project, *************** never even broke ground. 
  I have verified the costs below or otherwise agree these charges were incurred in preparation of building my custom home
    ******     7B Copies - Blueprints
  1500.00      Survey work & Engineering - ****** Engineering
      21.66      7B Copies - Blueprints
  1933.13      Building Permits - ************* permit fee
      77.88      Building Permits - ************* permit fee
    133.25      Permits - ************* GIS driveway receipt
       33.30     ******* ******** - Marking paint
    1333.25    Survey work & Engineering - ****** Engineering
    2200.00    Valor Fire   *
  7365.97 TOTAL
  **************** initially claimed a charge of ******** but never actually paid vendor.  My understanding is *** agreed to pay the vendor $2200
  I have paid AJ Construction a total of $25k, which, less the expenses noted above, leaves an amount of $17634.03.  Mr. **** is suggesting AJ Construction used up $17,634.03, plus an additional $1163 for their time spent on this project.  AJ Constructions rate is $75/hr, which means Mr. **** is suggesting they spent nearly 250 hours on my project for a custom home. *************** prepared a contract, attended 3 meetings with the *** at the *********** prepared permits and staked lot.  In my opinion, to suggest they have earned or are in any way entitled to $17634.03 (plus another $1100 according to final invoice) is not remotely reasonable and is in bad faith, considering they never even broke ground on my custom homewhich, again, is why I ended the relationship.  On the other hand, I have,in good faith, agreed to pay *************** the above charges of $7365.97, as well as  $7634 for their time spent of my project, which equates to over 100 hours of their time, based on their rate of $75/hr.  In my opinion, ***************** would be hard pressed to legitimately claim 50 hours for their time.  In my opinion, 100 hours seems more than reasonable.  I am asking the remaining $10k be returned to me.
  

  In Mr. ***** most recent response he claims:
  I provided her with a written summary of all the cost we had incurred in preparing the project for construction. It was obvious that the costs incurred well exceeded her deposit.We did not invoice for the additional costs, but simply listed them in the
  statement for clarification. Many of these costs were not part of our contractual
  responsibilities but we either performed them or paid for them to keep the project
  moving forward.

  Again, I disproved the above by providing attachments that show *** sent an email on 10/08/24 (during a hurricane) where Mr. **** said he was sending the final invoice for the services rendered to the date you requested termination of your contract with ***, the attachment was named ***** Invoice and when you open the attachment, in the right hand corner, in bold letters, it says INVOICE and is Due upon receipt, where they, indeed were charging me $1163.09, in addition to the $25k I have already paid them.
  

  In Mr. ***** previous response he said:
  The amount AJ Construction would spend did indeed surpass her deposit.
  Even though the nonrefundable deposit had been spent AJ offered to refund 40%of her total nonrefundable deposit if she would sign a contract termination agreement and stop bad mouthing our company to all the everyone in town that would listen. She refused. At that point I felt I had tried to do everything reasonable to work with this client and it was apparent to me she was not interested in coming to any type of agreement.
  

  I discredited Mr. ***** claim, as with practically everything else he claimed in his response, with actual, digital evidence (see attachment BBB_DDT_Reply_Term_Agree_Email2), that showed on 11/03/24, I countered with $****** previously stated, I had learned *************** was invoicing me for a charge of $6089.50 from Valor Fire that AJ Construction never actually paid,after receiving 4 invoices, over 4 months from the vendor.  The vendor had told me they could adjust amount if system was not to be installed so they would at least receive payment for their time and effort to prepare the permit for a fire protection system.  I estimated they would likely accept payment of $3k, which is why I countered Mr. ***** offer of $10k with $13k so that I could ensure Valor Fire was paid.  Mr. **** never responded.  On 11/14/24, I emailed Mr. **** that I had spoken to ***** from Valor Fire, and learned *************** had agreed to pay them $2200 and so I would now accept his offer of $10k.  Again, Mr. **** never replied, which is when I submitted my complaint to BBB.
  

  In his recent reply Mr. **** claims the costs AJ Construction incurred working on my project well exceeded my deposit and yet in his previous reply he describes how he offered to refund 40% of the non-refundable deposit.  If the expenses incurred on my project exceeded $25k and Mr. **** offered to refund 40% of the deposit, which is $10k, that is certainly very generous of ************************ should provide answers to the following questions:
  -If AJ Construction incurred expenses exceeding $25k then why would Mr. **** offer a $10k refund of a nonrefundable deposit?
  -If client agreed to accept a refund of $10k on 11/14/24 why did Mr. **** not respond to client and initiate a refund of $10k?
  -If client is currently requesting a refund of $10k and Mr. **** said he offered to refund 40% ($10k) of the nonrefundable deposit then why  is everyones time be wasted in this exchange?
  

  In summary, I hired *************** as a general contractor to build a custom home for me because 1) I have no experience in building a custom home and 2) *************** claims expertise as a general contractor in building custom homes.  After 7 months and $25k in payments, *************** completed only a single, major milestone in a custom build: they submitted and obtained the building permits, which I have obtained from **************
  

  Mr. **** wants to spin a narrative that all the delays in the project have to do with obtaining a variance approval from the ****************************** (DRB) when approval was obtained by Mr. **** after attending a single meeting on 05/22/24, which I suggested he attend after he wasted weeks trying to resolve through emails.  Mr. ******* informed us in the 04/16/24 meeting with him that the house plans were acceptable but we would need to obtain approval for a variance since the house plans fell outside the designated building envelope (see attachments BBB_DDT_Selkirk_Overlay_Var, BBB_DDT_Selkirk_email,BBB_DDT_AJC_Overlay_Var1 and BBB_DDT_AJC_Overlay_Var_email).  As is obvious in the attachments, the variance is minimal for a nearly 1 acre plat and was quickly approved at a single meeting, with no additional information required.
  

  As mentioned in one of my previous responses, *************** kept telling me they were preparing the permit package since mid-April,then on 06/27/24, for the very first time, *************** informs me they do not typically submit permits before they have a signed contract but they didnt provide a contract until 06/18/24.  Now Mr. **** says:

  Signing the contract, getting the permits and starting construction all hinged on getting this variance approved.
  

  This is a new statement from Mr. *********** Again, *************** stood to make six figures from this custom build, which is undeniably incentive to move the project forward and yet not until 12/30/24 does Mr. **** proclaim that the reason the project was unable to move forward was because everything hinged on obtaining approval for the variance, which, again, was approved on 05/22/24.  According to Mr. ***** this extremely critical task of variance approval, that my entire project hinged on, is never once mentioned in any communication from *************** (the experts) that my project for a custom home was at risk of happening until 12/30/24, even though emails suggest this variance was being discussed, beginning in March, 2024. No mention a contract could not be written until this variance approval was obtained,no communication the permits could not be submitted, actually, an email sent on 6/12/24 (see attachment BBB_AJT_061224_email), *** has noted the permit application should be submitted next week but then on 6/27/24 says for the first time the permits cannot be submitted without a signed contract.    I had an hour long conversation with **** **** on 07/23/24, before signing the contract and giving *************** another $10k, I expressed my concerns that I was being misled, that they were going to take more money from me and then tell me it was too late in the season to get my project going.  I was assured there should not be any issues getting the house dried in by winter, the excavator was standing by, ready to go as soon as the permits came in.  The final update on 8/30/24 was excavator looked at property and can begin in a couple of weeks or so, which would put excavation around mid to late September.  The only thing that was going to happen on my custom home before winter was to dig a hole and MAYBE pour some concrete, which is basically useless, as it would sit this way until Spring,2025 but it would allow *************** to meet the contract statement that work would begin 30 days after receiving permits (after correcting the initial contract statement, which read 365 days, which, ***************** explained was a typo).  In hindsight, I believe this is the actual reason why the permits were never submitted until late July.
  

  Mr. **** said he offered to refund 40% ($10k) of the nonrefundabledeposit but I refused.  I proved with digital evidence that is not true (along with disproving MANY other claims ******* has made).  In addition, the contract says the initial $15k is nonrefundable, it does not say anything about the $10k down payment at the signing of the contract as being nonrefundable.  Mr. **** cannot ethically and in good faith,justify keeping the full $25k I have paid to AJ Construction.  Mr. **** needs to return $10k to me, as he knows ** Construction did not earn and are not entitled to this money.
  
  Sincerely,
  ***** ****** *****

  Business response

  01/30/2025

  We would love to discuss building this home for this client. Or we are happy to forward all engineering and permits to her new builder. The entire non refundable deposit has been spent preparing her project for construction.

  Customer response

  01/30/2025

   
  Complaint: 22588474
  
  I am rejecting this response because:
  From mid-September to mid-November I tried, to the best of my ability, to resolve this issue with Mr. ******************** and from late November until late January I have gone through BBBs process to try to resolve this issue.  In both situations, *********************** has acted unethically and in bad faith. In fact, in hindsight,has acted in bad faith throughout our working relationship. I have provided countless pieces of evidence to prove my case and Mr. **** has lied repeatedly (which has easily been proven through electronic documentation) and provided no evidence of any kind, to make his case, just words that can be easily disproven.  I informed Mr. ******************** that if I did not receive a refund of my $10k down payment that beginning on 11/18/24 I would be submitting complaints to DOPL and BBB, which I have done.  I have also updated DOPL on the communication that has occurred with BBB.  My next step is to submit a complaint to ********************************  I am trying to recover the money that has been taken in bad faith from me through these channels.  As I have told Mr. ***** once I retain an attorney,I will be pursuing much more than the $10k currently in question.

  In case there is ANY lack of clarity here, I am NOT interested in having *************** build my custom home.  After entrusting them with $25k and after 7 months (an entire building season in *****) *************** revealed themselves as not credible and have stolen $10k from me that they have not earned and are in no way entitled to.  They sent a final invoice while Im in the middle of evacuating from a Category 5 hurricane, at which time was headed right for my house (which they were well aware of).  This incendiary invoice included a $6089.50 charge that AJ Construction, themselves, never paid after 4 months and 4 invoices from the vendor when they had $25k of my money to pay it and then tried to fraudulently charge to me.  This invoice,which Mr. **** wants to now call a Job Cost Statement when the email and attachment they sent has final invoice all over it. Mr. **** is making an attempt to avoid being held accountable for fraud.  As has already been covered, Mr. ******************** listed numerous other absurd charges on this final invoice.  As I told Mr. ***** if hes trying to charge me, for example, $400 for a color board then he needs to send me the color board hes charging me for.  Of course, he has never provided any of the things he has charged me for.  He doesnt need to forward to new builder, he needs to provide all things pertaining to my build to me, as I am the one who has paid for them.  I received all the permit documents directly from ************* upon requesting them and they are good through August, 2025 and I can renew them for an additional $60. I am viewing all the other things Mr. ******************** are charging me for as a loss, however, I will NOT write off the $10k Mr. ******* Construction owes me.  I have no doubt I will win this case in court as Mr. **** can in no way justify not returning my money.  Once again, he wants to say its a non-refundable deposit.  Ive already shown it does not state in the contract that the $10k deposit I gave them on August ****** is non-refundable and, as Ive said and shown multiple times, he can not legitimately offer even evidence to justify keeping my money.

  Once again, here is a list of the legitimate charges incurred on preparing my build:
  
  $1500.00      Survey work & Engineering - ****** Engineering
    1933.13      Building Permits - ************* permit fee
        77.88      Building Permits - ************* permit fee
      133.25       Permits - ************* GIS driveway receipt
   1333.25       Survey work & Engineering - ****** Engineering
   2200.00       Valor Fire
     375.00       Fire District driveway plan
  $7522.51      Total
  As for AJ Construction, they had this charge for preparing and submitting the permits:
  1,200.00      16 HRS Permit application, local fire district application, road application, state fire sign-off application, sewer sign-off application
  _________________________________
  $8752.51 Total charge to vendors/county and *************** for preparing permits
  Minus the $25k I paid them, leaves a credit of $16,247.49. 
  Mr. ********************** wants to suggest that they are owed this $16,247.49 for, in addition to the above, attending 3 ******************* meetings and staking my lot.  This is in no way legitimate, in no way in good faith, in no way ethical.

  Throughout this process with BBB, Mr. **** has just ignored all the times I have proven him to be mis-stating things or even just flat out lying.He completely ignores questions I have asked him to address.  He completely ignores addressing my comments from my last communication, such as:
  Mr. **** said he offered to refund 40% ($10k) of the nonrefundable deposit but I refused.  I proved with digital evidence that is not true (along with disproving MANY other claims Mr. **** has made).  In addition, the contract says the initial $15k is nonrefundable,it does not say anything about the $10k down payment at the signing of the contract as being nonrefundable.  Mr. **** cannot ethically and in good faith, justify keeping the full $25k I have paid to AJ Construction.  ******* needs to return $10k to me, as he knows ** Construction did not earn and are not entitled to this money.

  Why did he offer to refund $10k in November if all monies were spent?  I believe its because the offer was not in good faith.  He knew then I wouldnt accept it because he knew I learned he was charging me $6089.50 that he never paid to the vendor.  I later found out he agreed to pay the vendor $2200 and so I said I would now accept the $10k and never heard from him again. 

  Again, Mr. ******************** owes me a refund of $10k (at least!!!)  I spent 2 months on my own trying to resolve this with Mr. ******* Construction.  I have spent 2 months trying to resolve through BBB.  Obviously, Mr. ******************** continues to conduct themselves unethically and in bad faith.  Please let me know if there is anything else I can do to try to recover my money through BBB.  I feel confident I can win judgement in this case by taking it to court but have been trying to resolve without getting an attorney involved. Thank you for your attention to this matter.
  
  Sincerely,
  
  ***** ****** *****

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