Register of Contractors Option? File a complaint or not?

[just_floatin]

I recently had a home built with a builder here in Maricopa county Arizona. I have a few issues as with any new build and a punch list of items to work through with the superintendent. Small stuff mostly.

The big ticket issue is my pavers are stained with cement mix, house paint, oil stains from leaking truck engines and chipped pavers throughout. It has been four weeks since I closed and there is no schedule to try to remove the stains with a power washer or replace the broken pavers. I have been civil and escalated one call to the sups manager this week to no avail.

So my question is should I file a complaint with the register of contractors or continue to call the builder requesting action? What would the RDP brain trust do? Do I need to lawyer up too?

Everything you see discolored below is stained.

 

[mesquito_creek]

Work with the contractor. The ROC is not a civil court, they only will intervene in defects, lack of delivery or quality issue related to safety. The process is long and slow. Stains for whatever reason or cosmetics may not even result in a response.

 

[just_floatin]

Work with the contractor. The ROC is not a civil court, they only will intervene in defects, lack of delivery or quality issue related to safety. The process is long and slow. Stains for whatever reason or cosmetics may not even result in a response.

Thank you for the response. I really do want to go the legal route, but I am growing tired of the empty promises. This weekend I will bring my power washer to the property and try to clean the pavers myself. My fear is they will not come clean. The paver company informed me last week they need to be replaced. He stated he can’t do anything until the builder places a work order. Long slow process for sure.

 

[mesquito_creek]

Thank you for the response. I really do want to go the legal route, but I am growing tired of the empty promises. This weekend I will bring my power washer to the property and try to clean the pavers myself. My fear is they will not come clean. The paver company informed me last week they need to be replaced. He stated he can’t do anything until the builder places a work order. Long slow process for sure.

As long as the builder and subs are still engaged and have not stopped responding, the ROC will let them slow play you. Plus, if you file a complaint that gives the builder and sub a legitimate stop working on your project card. Now they are focused on the process around the ROC and resolving the complaint with 3 parties.

 

[Fastdadtsmith]

Has final payment been made? Document everything, pay the paver guys to fix it, deduct from the retention.

 

[Havasu blue label]

Contractors board they will handle everything get names of subs take pics

 

[just_floatin]

Has final payment been made? Document everything, pay the paver guys to fix it, deduct from the retention.

Final payment was made to the builder. Builder is the primary contractor. The builder subs the work out and has the ability to back charge the painter trade to pay for the repairs. That is what the superintendent told me last Friday, yet still no action. I have fully documented the process with pictures and emails weekly working with super. This is the main issue.

 

[just_floatin]

Contractors board they will handle everything get names of subs take pics

I have all the names, pictures and email receipts and went as far as to prepare all the documentation to send to the ROC. My dilemma is Time. Will it take more time to repair filing a claim versus working with the builder directly. It sucks to see houses around me closing and families moving in with non stained pavers.

 

[hallett21]

Have you tried getting a hold of someone in the office? Sounds like you need to light a fire under the super.




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[just_floatin]

Have you tried getting a hold of someone in the office? Sounds like you need to light a fire under the super.

I called the sups manager Monday 4/22 and we had a civil conversation. The manager ensured me his guy would take care of my issue. Yet crickets this week. I plan to call the sups manager again this Monday seeking an update and try to light that proverbial fire.

 

[mesquito_creek]

I have all the names, pictures and email receipts and went as far as to prepare all the documentation to send to the ROC. My dilemma is Time. Will it take more time to repair filing a claim versus working with the builder directly. It sucks to see houses around me closing and families moving in with non stained pavers.

Yes, it will take more time bringing the ROC into this. If you think that a bureaucracy who's main purposes is to collect money from licensed contractors and protect the legitimate construction industry is going to move fast you will be disappointed. Your builder is engaged and has a process, its just not meeting your expectations in time. I am not defending them, I get how frustrating this is for you, but you have a workable problem.

 

[NicPaus]

The pavers need to be replaced. Pressure wash will not work. My bet is they put you on the back burner while they close as many as possible. That's where the money is coming in they already have yours. Be civil but stay on them calling daily.

 

[just_floatin]

The pavers need to be replaced. Pressure wash will not work. My bet is they put you on the back burner while they close as many as possible. That's where the money is coming in they already have yours. Be civil but stay on them calling daily.

Why they paint the houses after the paver installation is beyond me. Most if not all of the labor building is from Mexico and the quality is just not there at a mean average of $1.20 per square foot labor by the sub contractor companies.

I wonder if calling daily will eventually prompt going right to voicemail. As of now, they pick up my weekly calls. I will think on that. I appreciate everyone’s input. I will unload my pressure washer from my truck today.

 

[mesquito_creek]

If it make you feel better and you feel like going owner builder/contractor:

1) I have a septic system I contracted in Dec. It was supposed to be done in Jan. The vault was delivered 2 weeks ago, It was supposed to be done last week. Still not done.
2) I have a handyman type contractor installing some ground anchors on my solar. Supposed to be done last week. Not a word yet this week.
3) I have a metal building I have paid deposit on and was supposed to get foundation plans last week, as of yesterday still not in the mail.
4) about 9 out of 10 contractors I engage to bid work are very enthusiastic on the phone and then are never heard from again.
5) I inquired for a quote on a RV cover 2 days ago, not a word.
6) I have a dispute with travelocity that was promised resolution in 24-48 hours... you guess?

I feel your pain....

 

[Havasu blue label]

Talk to the person that was on the job that was in charge of all trades inform him about every issue and give him a date to be completed . Then go to the contractor board inform them. Check with the labor board and walk-on a job of his and check to see if it’s the same guys and how many . I had this happen in Havasu to me .

 

[just_floatin]

My biggest pain is my wife asking me daily for a paver update . She is damn near ready to revoke my man card and take care of the issue herself. Maybe I should let her. I seem to suck at motivating the builder to fix their mistakes. Ha

 

[mesquito_creek]

My biggest pain is my wife asking me daily for a paver update . She is damn near ready to revoke my man card and take care of the issue herself. Maybe I should let her. I seem to suck at motivating the builder to fix their mistakes. Ha

I have the same problem... BTW, you have 2 years to file a complaint with the ROC. You may want to just keep a running tab of things you are bound to discover and handle it all in one shot. But I don't think you are anywhere near that or are going to need it.

 

[DLC]

Have a big name paver guy out to get you a quote for replacing everything AND PW washing the pavers, then send a cert letter giving REASONABLE dates on your expectations on when this should be completed, if they don’t cont get it completed during that time frame they will be on the hook for you to fix their problem. That might get things fired up!

stop in the main office face to face and have a conversation see if that goes better.

document everything call log, conversations etc, people on site maybe get a camera set on the drive way so you’ll know if people stop by to look & discuss


most likely the PW wash won’t fix the problem, and pavers will or should be replaced

 

[just_floatin]

Talk to the person that was on the job that was in charge of all trades inform him about every issue and give him a date to be completed . Then go to the contractor board inform them. Check with the labor board and walk-on a job of his and check to see if it’s the same guys and how many . I had this happen in Havasu to me .

Same guys because I know the subs supervisors by name and see them working across the street. Are you saying I should call the labor board or perhaps ICE on the builder? They are currently in the middle of building greater then 30 houses right now. That sounds like an extreme can of worms to open. I would consult with my lawyer before taking this route. I am not sure I am at this critical path just yet. But I hear you loud and clear and know shit can go sideways quick fast and in a hurry.

 

[mesquito_creek]

Unfortunately, buried somewhere in that stack of paper in your contract with the builder there is a section on defect resolution and arbitration vs civil action etc... Until that is breached I don't think any govt agency will be of much help. But the squeaky wheel does get the grease! Keep on them and keep your documentation up to date and you will be fine. Turn it over to the wife if you need to bring in the big guns...

 

[DLC]

One of the things you can complain on is they knew about the problem due to mis management of your project, the stains have been there for a while during the course of construction after installation of the pavers, they are the pros that know and install and schedule the trades this never should of happened and to let it get this far along should be embarrassing for the general contractor.

The drive way say should have been blocked off with caution tape and a barricade of some sort set up and be treated as a finished product

 

[just_floatin]

The drive way say should have been blocked off with caution tape and a barricade of some sort set up and be treated as a finished product

Welcome to the world of rational thinkers. Now you have a good idea of the intelligence level of the people in charge of my project. Nice enough good old boys that are all “big hat with no cattle”

 

[DLC]

I’m a contractor and yes I get it....

 

[Havasu blue label]

Just the owner of the business . I’m a legit contractor in cali for 31 years lic in 3 states those guys just make us all look bad .

 

[JUSTWANNARACE]

Did you do an initial walkthrough with the builder before closing? Was this stuff pointed out before closing? It sucks but alot of contracts say that they will take care of any issues, except potential structural damage" will be taken care of at the 1yr warranty. I know it sucks. That's how our contracts are written. I usually will take care of them as the buyer brings them up, especially if they are brought up within the first month or so. But then you have some buyers that would have you there once a week for a 5min fix!

Just make sure you have dated pics and documentation of contacting them. Especially on the paver deal, the longer it gets strung out the more likely you will get "well it wasnt like that when we left, or when we did the walkthrough before closing"!

It's sad how long some builders have been in business treating clients like they do!

Matter of fact I gotta drive 45min one way tomorrow to remove a smoke detector dust cover on an 8' ceiling that got forgotten. The customer "is afraid she will damage the smoke detector if she does it" it's basically a damn shower cap over the detector so they dont get dust in them! But I'll make the drive to make her happy!

 

[just_floatin]

Did you do an initial walkthrough with the builder before closing? Was this stuff pointed out before closing? It sucks but alot of contracts say that they will take care of any issues, except potential structural damage" will be taken care of at the 1yr warranty. I know it sucks. That's how our contracts are written. I usually will take care of them as the buyer brings them up, especially if they are brought up within the first month or so. But then you have some buyers that would have you there once a week for a 5min fix!

Just make sure you have dated pics and documentation of contacting them. Especially on the paver deal, the longer it gets strung out the more likely you will get "well it wasnt like that when we left, or when we did the walkthrough before closing"!

It's sad how long some builders have been in business treating clients like they do!

Matter of fact I gotta drive 45min one way tomorrow to remove a smoke detector dust cover on an 8' ceiling that got forgotten. The customer "is afraid she will damage the smoke detector if she does it" it's basically a damn shower cap over the detector so they dont get dust in them! But I'll make the drive to make her happy!

Yes I absolutely documented everything from cradle to grave. I am in IT project manager by trade. I became heavily engaged after the final appraisal failed due to the incompleteness of the home. I went as far as paying the interior painters and stucco guys the following week cash out of my pocket to finish the home for the second final appraisal.

In addition, I was the only person present with the appraiser contracted by Chase Bank. The Superintendent did not show up because the final was after 5pm. Chase felt so bad that I lost a solid week of vacation due to the home closing one week late, they sent me a 2500 dollar check for my time. Or as I told my wife, our pain and suffering. Mind you this is a publicly traded company I am dealing with.

 

[mesquito_creek]

Yes I absolutely documented everything from cradle to grave. I am in IT project manager by trade. I became heavily engaged after the final appraisal failed due to the incompleteness of the home. I went as far as paying the interior painters and stucco guys the following week cash out of my pocket to finish the home for the second final appraisal.

In addition, I was the only person present with the appraiser contracted by Chase Bank. The Superintendent did not show up because the final was after 5pm. Chase felt so bad that I lost a solid week of vacation due to the home closing one week late, they sent me a 2500 dollar check for my time. Or as I told my wife, our pain and suffering. Mind you this is a publicly traded company I am dealing with.

You left a lot of detail out of the original problem. Now you have monetary damages, failure to deliver on time and potentially breach of contract. That is what the ROC recovery fund is for and the ROC will entertain your complaint. Still is going to be a drag on time but if you have hit the wall with the builder it’s a reasonable course of action.

 

[just_floatin]

The builder salesperson stated that once the city issues a certificate of occupancy, they move to a closing. If you the consumer hold up closing, they will charge you 250 dollars per day over you do not close. Thus I engaged. The home appraised 30K higher then I paid, so the builder had no qualms with the deal falling through.

 

[mesquito_creek]

The builder salesperson stated that once the city issues a certificate of occupancy, they move to a closing. If you the consumer hold up closing, they will charge you 250 dollars per day over you do not close. Thus I engaged. The home appraised 30K higher then I paid, so the builder had no qualms with the deal falling through.

i am surprised the city issued a CO without paint and stucco... but to your point, it’s almost like the corporate home builder is always one step ahead and writes the contract to favor them! So I guess back to my original opinion that the ROC may not provide much relief on the slow driveway repair given they haven’t abandoned you and there doesn’t seem to be any disagreement on the defect, just a slow process and shitty customer service.
But I would be interested in seeing how a complaint plays out. I have never had a complaint against my Az contractor license so I only have my license education 20 years ago to go against.

 

[just_floatin]

Currently the builder has 5 open cases at the ROC with 16 resolved. Their nationwide BBB score is 1.5 of 5. In the end if I pull and replace the damaged pavers myself, I may be only out 500 dollars. Taking the slow road to recovery may be the best option after hopefully a face to face with the big boss next week. I appreciate everyone’s input. I was seriously ready to mail in my documentation today. I am glad I posted the question to the RDP brain trust before making a decision.

 

[mesquito_creek]

Currently the builder has 5 open cases at the ROC with 16 resolved. Their nationwide BBB score is 1.5 of 5. In the end if I pull and replace the damaged pavers myself, I may be only out 500 dollars. Taking the slow road to recovery may be the best option after hopefully a face to face with the big boss next week. I appreciate everyone’s input. I was seriously ready to mail in my documentation today. I am glad I posted the question to the RDP brain trust before making a decision.

I feel your pain... every one of those resolved cases was basically a loser for the consumer because it was painfully drawn out and corrected at the expense of the consumers time with no penalty to the contractor. That’s what the ROC wants from every complaint because it protects the money the ROC holds in the recovery fund.

I don’t know how a contract survives with a shitty record like that. I expect it from pool builders but not home builders

 

[Happy Smitty]

You'll want to contact the ROC right away after you have the following: document that the contractor acknowledged the issue and that they know its thier responsibility to correct. Have the contractor provide a date to resolve the issue. If it's not resolved by the date agreed on thats when you submit this info to ROC. ROC will hold a site meeting with all parties to discuss and ask you what you are trying to accomplish. Tell them you want the damaged pavers replaced. ROC will give the contractor leeway if they claim delays due to covid. So don't bring covid up. The usually take 2 weeks to schedule the site meeting.

 

[Havasu blue label]

Good call site meeting

 

[SummitKarl]

My biggest pain is my wife asking me daily for a paver update . She is damn near ready to revoke my man card and take care of the issue herself. Maybe I should let her. I seem to suck at motivating the builder to fix their mistakes. Ha

nothing could bring you more torture for THE REST OF YOUR LIFE....LOL, so I would just do what your wife would do, call constantly, in person visits..nag, nag, nag them to death so they know you not going away and the squeaky wheel will eventually get the grease

 

[just_floatin]

You'll want to contact the ROC right away after you have the following: document that the contractor acknowledged the issue and that they know its thier responsibility to correct. Have the contractor provide a date to resolve the issue. If it's not resolved by the date agreed on thats when you submit this info to ROC. ROC will hold a site meeting with all parties to discuss and ask you what you are trying to accomplish. Tell them you want the damaged pavers replaced. ROC will give the contractor leeway if they claim delays due to covid. So don't bring covid up. The usually take 2 weeks to schedule the site meeting.

I believe this is a viable acknowledgment received this morning for step 1. If power washing the pavers fails, then step 2 is to request in writing a date to resolve the paver issue. Got it. Thank you.

 

[just_floatin]

i am surprised the city issued a CO without paint and stucco... but to your point, it’s almost like the corporate home builder is always one step ahead and writes the contract to favor them! So I guess back to my original opinion that the ROC may not provide much relief on the slow driveway repair given they haven’t abandoned you and there doesn’t seem to be any disagreement on the defect, just a slow process and shitty customer service.
But I would be interested in seeing how a complaint plays out. I have never had a complaint against my Az contractor license so I only have my license education 20 years ago to go against.

The city inspector missed it. The superintendent was present for the Cert inspection . Below before (passed the certificate of occupancy but failed appraisal 1) and after. After paint mismatch too. On the punch list. SMH