Complaints

• Initial Complaint

  03/23/2023

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  I hired Total Home Professionals to build an addition on my house from May-September 2022. THP's ********** ********************** signed six lien waivers with my lender stating that all materials and services used in my project were paid for in full, and ****************/THP was in turn paid in full for the project. The lien waivers also stated that the contractor "hereby agrees unconditionally to indemnify Borrower and hold Borrower harmless from and against all liability, loss, cost, or expense (including, but not limited to, attorneys' fees) now or hereafter incurred, paid, or suffered by or asserted against Borrower or any of Borrower's property because of any claim or action by Contractor with respect to the claims, liens, and rights herein waived and released or arising out of any breach or untruth of any warrranty or representation herein made." I found out several months after the fact that ****************/THP did not pay one of the subcontractors who worked on my house, and the subcontractor has subsequently filed a lien on my house for $10,158. Despite repeated assurances over the last three months from **************** that he would resolve the matter, he has failed to do so and refuses to give any indication of when the matter will be resolved so the lien is removed from my house.

  Business response

  03/29/2023

  The Mechanics lien from Cepar HVAC resulted in damage to Ms. ****** house by **********. We are settling the matter currently and should have it resolved shortly. We are trying

  to protect ************** from the trauma and extra cost he billed for by putting in the wrong HVAC unit and the extras he tried to bill for to recoup his loses. This is nothing

  we want to see happen to ************** and will make sure the lien is removed at any cost. 

  Customer response

  04/13/2023

   
  Complaint: 19846309
  
  I am rejecting this response because:

  Hello,

  
  

  Thank you for responding to my email. 
  
  

  I would like to reject the business's response as the matter is not resolved and the reasons stated for it not being resolved by the business are all excuses with no proof the business is actively resolving the lien.  The damage to my house was repaired at the time, so the only additional cost should be to the business with no lasting "trauma" or cost to me - all costs should be paid by THP per our contract and any negotiation of cost should have taken place between the two of them before the lien was placed on my house.  THP's president has had plenty of time since October to resolve the matter with Cepar HVAC, however did not do so because of a personal conflict between Ceper HVAC and THP's president that halted their communication.  He also had a month to resolve it before the lien was filed as I informed him immediately when I received *****'s intent to lien. Furthermore, despite numerous requests I have received no further communication on how or when the matter would be resolved as THP's president refuses to communicate in any written form, therefore i have no documentation other than the lien itself and no notice that it has been resolved. I was also informed my THP's lawyer that they wouldn't do anything else in my defense of this unless I signed a waiver of conflict with THP, thereby nullifying any rights I would have as indicated in the text of the lien waivers signed by THP. 

  
  

  
  

  ***************************

  
  

   

  Business response

  04/19/2023

  I will outline my response in bullet form:

  The issues are not that the homeowner is not a victims it is what she is owed by the ************* for its mistakes. Some of which could have caused a fatality. There are witnesses to that. 

  The ************* bought the wrong device that *************************** did not approve. When ***** realized she hadn't signed off an approval of it they realized they were wrong and wouldn't have my company buy it and take it off his bill they bought it at a wholesale house then came up with multiple charges that were not included in his proposal or on a signed change order. In truth the ************* is owed $1020 by THP for all they damage they created by tearing part of the exterior and interior of the house apart. I did not charge *************************** I tried charging Cepar. Of course in Cepars lies they said *************************** approved all the additional expenses and the wrong interior HVAC unit.

  The issue of releases a conflict is for the attorney not me. He needs that release to represent us both. So because ******** would not sign that I was not supposed to discuss the legalities of the case with her. It wasnt until recently that I could not hold back anymore and contacted ******** and told her what was going on. 

  We have made an offer to Cepar just to get rid of this whole matter. The offer was contingent upon ***** not contacting ******** for the difference or any additional money.

  Of course Cepars attorney immediately contacted ******** to get the difference in what their bill was in exchange for releasing the lien. Very dishonest.

  It is left now for THP, confidentially, to ***************** and the lien will be then be squashed. This is hopefully going to be avoided and they will act with integrity and settle this.

  Either way this should be settled within the next few weeks. 

  Customer response

  04/22/2023

   
  Complaint: 19846309
  
  I am rejecting this response because:

  It is again disingenuous of THP to contend that pursuing this matter against Ceper is about getting what *** or *** not be owed to me by *****, as this entire farce is putting me at unnecessary legal and financial risk.  This whole is*** is about the principals of two companies not working out their differences on the mistakes they jointly made while remodeling my home and have now kept me caught in their crossfire months after the fact while they threaten to *** each other.  If that happens it further ***** me as Cepers attorney has told me I will be named as a necessary party in the lawsuit, very likely causing me to incur thousands of dollars in legal fees.  To say that the release of conflict was for the attorney is also disingenuous, as the attorney works for **************** and the attorney made it very clear that having me sign the waiver was solely in order to protect **************** from legal liability.  If they had been interested in protecting my interests then they could have easily kept me in the loop on their settlement strategy and communications with Cepers attorney without the waiver.  Furthermore, **************** did not give me any information until I contacted him to tell him I had heard from Cepers attorney regarding their offer to settle and asking me to supplement the settlement amount.  I have gained more information here through this forum that I have from **************** directly.  Lastly, I find it very interesting that *************** brings up the is*** that Cepers work *** have put me at physical harm,considering a) that question arose from separate work Ceper did with my furnace that is not at is*** in the lien, b) **************** said he was going to procure a letter from the witness stating the is*** with my furnace venting, which never materialized, and c) **************** never followed up on the repair Ceper did with the furnace venting to ensure that it adequately resolved the is***. In fact, he never even came out to my home to look at the repair himself.  Clearly Im still alive, but if **************** was really concerned about this being an ongoing is*** then it might have behooved him to follow up on it as I asked him to multiple times.

  The matter remains unsettled, and if **************** follows through on his latest threat to ***************** then this will likely drag on for months if not years.  Hoping that anyone will act with integrity at this point seems like quite a long shot.

  
  
  Sincerely,
  
  ***************************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩