Complaints

• Initial Complaint

  11/09/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Pierre Ruiz Construction LLC was contracted to remodel the residence listed in this complaint. The remodel was to include the master bathroom with creation of a different closet entrance, the kitchen, hall bathroom, living room and flooring in the entire house. On 9-19-22 Pierre received deposit requested and the job began. Pierre has received a total of $71,560.00 paid in 3 different payments upon request. The problem is with the constant lies and misleading, vague information that is costing additional money. Pierre and his wife gave specific instructions on how many square feet of materials to buy, and the amount requested was purchased. However, we had to spend additional money that was not planned because of his miscalculations, and misleading information. He has made several errors including what pattern the tile was to be laid in, the size and location of the drain for the tub in the master bathroom, omitting the double vanity in the master bathroom because of miscalculation of space, omitting a knee wall in the hall bathroom, and pretty much forcing us to comply with his errors, and not taking any responsibility, up to the point where he would try to conceal and hold information about changes to us, telling his crew that we requested things to be that way when that was not true. When we try to discuss the errors, he would say in order to get it changed we have to pay for demolition and buy more materials, but when he omitted work that should be done, he did not want to discuss refunds. He also caused damages to the property including letting mortar and debris stop up a drainage system on the patio, misplacing or throwing away a gas key for the fireplace during demo, and damaging our garage door with a debris collection container. He has replaced the garage door, but it has not been programmed, and we do not have garage door openers at this point. He has not been specific with dates for completion, or what constitutes the percentage complete. Please help.

  Business response

  12/07/2022

  Our response to this complaint serves two purposes. First, to respond to the consumer complaint and help the consumer and anyone reading this to understand more about the situation. Second, to offer a solution.
  
  When someone calls our company for an estimate, we go out to the jobsite and listen to the needs and wants of our clients. We give them an estimate based on what we believe we can do to make their needs and wants met. However, once a job starts and demolition occurs it is normal to expect some modifications to the original estimate. Recommendations to improve the finished product are made and the client has the choice to proceed with the recommendations or continue with the scope of work as written on the original estimate. Doing a home remodel is a very delicate task and it takes a lot of collaboration between the homeowner and contractor to iron out the details of the job. Below, I will do my best to respond to this consumer complaint and address what was written in the complaint.
  
  The original contract was for us to remodel a master bathroom, modify the master closet entry to be able to install a vanity where the existing entry was, remodel the hallway bathroom, remodel the kitchen, paint the living room cabinet built-in and install waterproof flooring throughout the entire house. However, the consumer added to the original contract asking us to install a tile accent wall in the master vanity wall, install a walk-in shower instead of a tub in the hallway bathroom, install tile instead of vinyl flooring, remodel the wet bar and remove the brick wall and bench from the fireplace and install stone. These modifications and extras increased the total job by $24,896.00.
  
  The consumer states that Pierre received the deposit requested and the job began and mentions that Pierre has received a total of $71,560.00. Let me correct this statement. We received $66,937.90 towards the scope of work. The difference of $4,622.10 was paid to us to reimburse our company for pre-paying for the plumbing fixtures, which is the customer’s responsibility, and it is written this way on the contract.
  
  The consumer states that the problem was the constant lies and misleading, vague information that is costing additional money. The consumer references a discrepancy in the square footage given for the tile that was being installed throughout the home. Typically, we purchase the total square foot needed and add 10% for scraps but because the tile was in-stock and within a few miles from the jobsite, we explained that it would be best to purchase what we need and if more is needed, we could purchase additional tile as needed. We were trying to help the homeowner save money because any leftover tile that would have to be taken back to the store would incur a 25% restocking fee before any refund is given as per the policy of the store where the tile was purchased. 
  
  The consumer states that Pierre has made several errors and references the tile layout, the tub size and drain location in the master bathroom, omitting the double vanity in the master due to a miscalculation and the knee wall in the hallway bathroom.
  
  Prior to installing the flooring. Pierre laid out the flooring in a 50/50 pattern for the consumer to see what it would look like. When Pierre asked the consumer if this was good, the consumer responded with, “that’s fine” later when the flooring was all laid down, the consumer didn’t like the pattern (50/50) and wanted it changed. Pierre’s response was he could change the layout but there would be an additional cost to remove all the new recently installed tile floors, dispose of the debris, purchase new tile, and re-install the flooring. The layout of the flooring was done in the pattern that the consumer approved. Changing your mind on the layout of the flooring once the flooring is installed is costly to re-do. This was not an error on our part, this was a change of opinion on something that was previously approved, that would cost more money to change. In the end, the consumer kept the pattern that was installed, and no additional work was done to the flooring.
  
  The consumer was told to get a 58” tub but consumer wanted a 59” tub. I made consumer aware that it would be a tight fit but consumer proceeded with getting the 59” tub. The contract states that we would install the free-standing tub with the wall mount faucet. We did not have anything in writing or any verbal agreement about re-locating the tub drain. The tub had to be a right drain tub because that is where the existing plumbing was located. When we saw that the tub was not going to fit we removed the already finished wall and were in the process of reframing to male adjustments to have the tub fit. This modification was being done at no cost to the consumer. 
  
  The consumer states that due to a miscalculation on our part we could not install a double sink vanity. The estimate was written based on the drawings that were given to us. The drawings that were provided had the layout of what the consumer wanted but they were not professional architectural plans with measurements. When we built the toilet area, we had to add space so that there was room to sit on the toilet and not touch the walls. What was left on the other side of the wall was not enough space for the double vanity on the drawing submitted. Pierre recommended making a single vanity instead of a double sink vanity due to the lack of space. I explained to the consumer that putting two sinks would make it uncomfortable for the consumer and her spouse to use the sink at the same time and would give them little to no counter space. Because I have over 28 years’ experience in this business, and I know how things are going to look, I tried to share that information with the consumer. However, that was a recommendation, in the end it was the client’s choice to proceed with a single vanity sink. Which in my honest opinion was the best way to go due to the space.
  
  Lastly, omitting the knee wall in the hallway bathroom was a preference not an error. By installing a knee wall, one will lose 5 inches of space. I recommended leaving the space between the toilet and vanity because it was a cleaner look and would give more room to the person using the toilet. I recommended going with a design on the side panel of the vanity cabinet to give it a nicer finished look. Again, this is something I do for all my clients. Once I am on the jobsite, if I see something isn’t going to look right or a small modification would make something look more appealing or give more space, I offer my recommendation. It was again, the consumers choice to keep the knee wall or do without it. It makes no difference to me to put a knee wall. The sole purpose of omitting the knee wall was to give more space between the toilet and vanity.
  
  The consumer mentions that when we omitted the knee wall, we did not want to discuss refunds.
  
  Omitting the knee wall did not result in a credit for the consumer because we were omitting the knee wall but adding a decorative side panel to the vanity to give it a clean and more appealing finished look. 
  
  
  
  Please take note of the following:
  

  The original contract said that we were going to install a drop-in tub in the master bathroom and because the consumer wanted a freestanding tub, we changed it on the scope of work and put installation of a free-standing tub at no additional cost to the consumer.
  In the hallway bathroom the consumer had wallpaper, and it was not in my contract (scope of work) to remove that wallpaper. However, I went the extra mile and removed the wallpaper, skimmed the bathroom walls, and applied orange peel texture at no additional cost to the consumer.
  I purchased and Installed baseboard in the foyer and bedroom where the consumer’s husband framed and closed the closet and did this again at no additional cost to the consumer.
  When I removed the existing floors throughout the entire house, I found a second flooring underneath the existing flooring. I removed the vinyl flooring that was under the original floors at no additional cost to the consumer.
  I did several sheetrock repairs around the house that were not in our contract at no additional cost to the consumer.
  When the consumer’s spouse wanted to do the sheetrock and paint in the bedrooms, I went out of my way to show the spouse and his helper the best way to accomplish doing the work. I also let the consumer’s husband borrow my tools and gave him access to my contractor prices at Sherwin Williams so he could get the materials at my cost versus paying consumer prices.
  It is unfortunate that the consumer is not able to see all the ways that I have gone the extra mile to make the finished product better and at no additional cost.
  
  The consumer mentions damages to the property:
  Garage Door - I have been using Louisiana Waste Systems for over 10 years. Unfortunately, when they came out to swap the dumpster, they damaged three of the four panels on the garage door. This was an accident and instead of replacing the damaged panels, we replaced the entire garage door. The remote was not on-site when the garage door was being replaced so the company was not able to re-program the remote. NOTE: Programming the remote is a matter of pressing the reset button on the motor and aiming the remote at the motor and within seconds it will sync. This is a simple solution.
  Exterior patio drain - It was unfortunate that our tile guy was not paying attention and allowed grout to get on drain but I explained to the consumer that I would take care of this and make the necessary repairs to correct this problem. I was in the process of fixing this when I was asked to leave the jobsite.
  Key for fireplace - When we did the demolition for the fireplace, there was no key in sight. However, I told the consumer that I would purchase another key for the fireplace.
  
  Not being specific with dates for completion:
  I told the consumer that I had one week left to finish the job. I explained that I was trying to get everything done before leaving on vacation. When I asked the consumer to please order the hood range and whatever else was needed so we can accomplish everything on time the response I was given by the consumer was “I know you are trying to finish this job, I know I’m not easy to deal with, but I guess you will have to deal with it when you come back from Costa Rica.”
  I am a man of integrity and a man of my word. Ninety percent of my business is repeat customers and referrals. I have a solid reputation that I earned by working hard and always going the extra mile for my clients. In the 28 years that I have been in business, I have learned to listen to my client’s needs and wants and have always been able to communicate with each client in a professional, respectful, and effective manner.
  I had 7-10 business days left to complete the scope of work for this consumer. I was asked to leave and told that they didn’t want me to finish the job. Within a week, the consumer’s spouse contacted all my sub-contractors and asked them if they would finish the job which was not only unethical but jeopardized the warranty because if I am not “on-site” to oversee the work completed, I can’t and won’t warranty any of the work.
  
  
  Solution: If the consumer would like ****** **** Construction LLC., to finish the scope of work on the contract, we will need the following: 

  
  The consumer will need to issue two payments: One in the amount of $17,872.55 for the work that has already been more than 70% completed according to the contract and another payment in the amount of $7,721.00 for the work that has already been more than 80% completed to the wet bar and fireplace.
  When we are 90% complete with the scope of work on the contract, the consumer will need to issue a payment of $8,936.27.
  When we are 100% complete with the scope of work on the contract, the consumer will need to issue a payment of $2,978.76.
  When we are 100% complete with the wet bar and fireplace, the consumer will need to issue a payment of $3,309.00. 
  
  All materials will need to be ON-SITE for us to resume the work so we can complete the job within the 7-10 business days.
  
  For us to move forward, we will need the consumer to sign the document that was sent via email on November 30, 2022, that has the above terms and conditions listed as they are listed here.
  
  It was our hope to be able to reach an understanding but the consumer has decided that she does not want to pay us the balance due so we can proceed with the work. We reached out and explained that both payments referenced above for work already completed needed to be made in order for us to return on Dec. 26th. We gave her the option of paying with a check by Dec 21st so funds could clear before we resume working on Dec 26th. And if that wasn't something she felt comfortable with we gave her the second option where she could make the payments in cash on the Dec. 26th so we could immediately resume the work that same day that we received payment. The consumer has gone back and fourth with us through email and has decided she doesn't want to pay the amount due. Without payment, we can't resume working since we haven't recieved payment for the work being more than 70% completed.
  
  It is our hope that any future potential clients reading this complaint and our response to the complaint can make an educated decision on our company based on the facts provided in this response.
  
  We have been in the construction business for 28 years and have been able to maintain a solid reputation. This entire situation was unfortunate and unnecessary.
  
  Regards,
  
  ****** ****
  ****** **** Construction LLC.
  Cell: ************
  *********************************

  
  

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