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Complaint Details
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Initial Complaint
08/07/2023
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
Timeline history and all communications are attached below. I had **** come quote the job of constructing a fence in my backyard, explaining that I wanted to enclose my backyard for my medium sized dogs, and protect neighbors' dogs from entering the yard, while being visually pleasing (and uniform in style), and low maintenance for me and my neighbors. We settled on Trex material after multiple back and forths and quotes. I signed a contract with Chafin Fence to teardown existing fencing and construct Trex fencing on the property lines according to the property survey provided on 3/23/23. I asked **** on 2 separate occasions to confirm measurements, and he texted that he would check the drawing and measurements compared to the quote and the material order to make sure the order is accurate. I have record of atleast 3 walkthroughs visits he made, each reviewing scope of work and walking the property. The last walkthrough was with **** and *****, his project manager, 2 days prior to starting work on June 6, where we physically walked the property, taking note of the property pins and where existing fence would be removed and replaced with Trex material. Since work started on June 6, there has been delay after delay and mistakes made on the project. It is now August 4, and the project is still not completed. **** is sending me bogus invoices for 'change orders' for which he claims are outside the scope of work, but are well within the scope as documented in the attachments. I have tried to resolve this with him amicably only to have **** stand me up at our agreed meeting times, not communicate when he is coming or provide date of resolution. After being ignored this week, he 'pops off' (his words) and says how he hasn't made a dime on this project and sends me a bill for these bogus 'change orders'. At this point he is breaking his own contract in multiple ways and stated on 8/4 that he will not step foot on my property until I agree to pay the unauthorized charges.Business response
08/10/2023
***** hires Chafin Fence to install Trex fence and automatic gate.
Chafin installs contracted amount of Trex Fencing
(awaiting arrival of auto gate ordered by *****)***** changes layout of fence that requires more material to be ordered--which delays project further
Chafin installs new material once in town (***** expects it to be installed for free)
Gate is installed for pull to open operation (***** was unaware when buying the product that the gate she bought was for a straight line of fence and needed more clearance that the 90 degree corner of Trex Fencing and automatic gate)
***** unhappy about gap at Botton of gate when we installed a gate swinging uphill on driveway and the gap was designed for clearance to not scrape the driveway at maximum open position (highest point in driveway) all PER THE INSTRUCTION MANUAL
Chafin agrees to install gate to push to open
***** unhappy with Gap at bottom and demands chafin fixes gap and threatens chafin to have to pay for another company to fix gap.
***** withholding contracted payment to Chafin and refusing to pay for up-charges: material she was supposed to buy, for automatic gate and Trex, Labor for the installation of new Trex, labor for agreed upon 1500 to remove trees and chain link, ETC
Please read attached document provided by **** Chafin to get whole story.
Thank you for your time
Customer response
08/18/2023
Complaint: ********
I am rejecting this response because Chafin Fence is refusing to honor the only legally binding document produced during this project, which is the contract. ****, on behalf of Chafin Fence, is falsely claiming that I owe him more money, despite there being no change orders and despite work being incomplete. Since starting work, **** has modified his original estimate, of which there is clear evidence, and fabricated a new one. He is trying to erroneously collect on these (increased) estimates. I have hired an attorney to represent me in this matter.Contracted Price: $26,303.77
Paid to Date: $25,314.88
Sincerely,
*** *****Business response
09/01/2023
****** I would like this response recorded as I was not able to do so online;
**** ***** claims that she has paid $25,314.88. However, 1500 of that payment was for her extra material she ordered in the middle of the project and I made no profit there so it’s basic addition and subtraction that she should tack that onto the contract price if she recorded it in her payments. Furthermore, the text message conversation that we agreed on are change orders so the $1500 for brush removal and fence removal and disposal are valid and should be paid for. I understand that she was unsatisfied with the product—- after being satisfied with our work and thanking us when we left her property the final time— so the change orders must have rubbed her the wrong way, I guess she expects free work. However, the only reason the punch list items she requested aren’t complete is because that was not the contracted work. The contracted work is 100% complete and she refused to pay— so I refused to work any longer for a person like that.
Thank you for your time!”
Thank you ******
**** Chafin
Chafin Fence
--
Chafin Fence LLC
Customer response
09/10/2023
BBB Complaint ID ********
Please see Attached Letter for detailed response.
As proven by bank records, cashed checks, and texts, I have paid **** $25,314.88 to date. The contract was for $26,303.77. Given the abundance of mistakes made by **** throughout the project, not to mention the unfinished work and the structural risk of the gate, I again propose to officially part ways on this project.Sincerely,
*** *****Business response
09/14/2023
" **** ****** in regards to my inability to read a survey; you say that (6) panels @ 96" each was sufficient for the back property line, you are incorrect. The back property line measurement is 50' exactly, so when you divide the 50' by 8'--- what do you get? I believe it comes out to be over 6-- but I am just a simple fence contractor. This would mean that it required more than 6 panels to complete the back section of fence. In regards to your 2' gap at the front of your fence by the installed automatic gate, I bid for 100' up that side of the house and 75' on the opposite side per our walkthroughs and the permit that was filed to confirm that. Your neighbors front yard being exposed, because THEY removed their own fence is technically not my problem. However, I did offer to seal that gap to accommodate both neighbors--- no solution was offered because Miss ***** refused to agree on a final bill before we finished her punchlist (extra items). ***** asked us to go up further on the 75' of fencing side and that is where the extra material was necessary. ***** MISTAKE
The old fence needed to be removed, and it was confirmed that we do the old fence removal and tree/brush removal for $1500-- which she refuses to pay. On top of that when we were removing the back fence for installation we located several concrete slabs that were hauled away with no compensation from *****. No bill was sent for that. THAT LABOR AND DISPOSAL FEE CAME OUT OF MY POCKET, PERSONALLY.
As to the gate being mounted improperly-- this was at the instruction of ***** directly. Again, I did offer to fix her mistake, but wanted to agree on the final bill before I did anything out of the scope of contracted work. When ***** refused to pay the final bill AND threatened to withhold money from Chafin Fence LLC is the only time I refused to step foot on her property until we came to terms on the final bill. As to the gate posts not being in a minimum 18" diameter, the gate post against the house is a 18" diameter concrete bed, and the post you are referring to holding up the last trex panel is in a 2.5' concrete bed--- so your statements are COMPLETELY FALSE! ***** FALSE CLAIM
Total paid amount is correct, but the contract price was not adjusted for;
1. extra trex material $1500
2. Tree/ fence removal & disposal $1500
3. and then the remainder of the contracted amount (gate installation x3, Fence Construction $1000 withheld by *****)
Chafin Fence LLC is a small business that prides themselves on providing quality work for quality people. People sometimes try to take advantage of people and I am going through the legal system to ensure that ***** does not do this to anyone else."
Chafin Fence LLC
ChafinFence.com
(************
Quality Fences That Last
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Contact Information
312 Thompson Rd
Lexington, KY 40508-2034
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1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.
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