Complaint Review: Moss Design

 In 2020 I was given the name of Anthony moss and contacted him about doing an addition that would help to join my house and a nearby garage/outbuilding in three Oaks Mi

After an initial phone discussion we met face to face (pre Covid lockdown) for an overall description of the project. This included opening up of the existing home to a breezeway entering into a courtyard and the garage, as well as an addition large room that could be an enhanced screened in porch/multi season room. Also discussed was a bathroom in the outbuilding. AC/Heating for the addition would be provided by an in wall unit.

Anthony quoted $1500, saying it was essentially a screened in porch with some breezeways. He mentioned his fee was usually a % of the Construction cost. He did not mention what % he usually charged, and I did not inquire since he quoted me a price.  In fact Moss stated that this was a simple small project and he would not follow his pricing and then proceeded to quote me the $1500, which I agreed and immediately wrote him a check. He did not refer to this as a deposit or additional costs either then, or in any email or conversation subsequently.  Even I could do the math of the 10% Anthony now claims he charges – 10% of 100k would not have been acceptable. If he had told me of this fee I could have responded and made other plans up front. 

Instead on July 2 ,2020 I received an email invoice in the amount of $6000, 4x the original amount.  I received this bill with no notice or update of the costs Anthony felt he was incurring. At no time was a contract furnished. There was a significant lag between my initial request and the deliverable as Moss had long delays with other projects he was working on, and a family matter he had to deal with.  I had no knowledge or expectation of time being spent by him on as he termed it a simple porch addition.  I cannot state in clearer terms that I would never have agreed to anything beyond the $1500. Regardless of the design delivered I know what value I attached to it.

Moss now states I madde no limit as to the design cost. Why would I? He quoted a number, never gave me any notice or indication that was insufficient.  Never did I agree to what amounts as an arbitrary number he could assign to the project. Nor would I believe anyone agree to such an unlimited amount. Not in the hundreds but Thousands.

When on July 27th I reiterated to Moss that I had never agreed to any cost beyond the $1500 he quoted me, had not been informed of his intentions about billing, and perhaps his standard practice of letting the client know these had not been followed – perhaps due to the impending Covid precautions he became belligerent and irate. Severl times I asked him to step back and take a calmer approach which he did not. I also suggested that we postpone further discussion on the matter until he was in a calmer and professional state. Instead he insisted on proceeding and bullied me into paying an amunt that I never, never, agreed to.

 While he mentioned his standard of a % of the construction costs as his typical, he did not mention 10% as I clearly would have done the math and seen any significant amount leading near to 10k as unreasonable and unwarranted considering what I had as my budget and what I valued any design for a stand alone room.  I can state this categorically and emphatically since I have limited means and in no way ever expected, nor would have entered into any agreement over the $1500 Moss stated on the day we met in my driveway.

Also never stated or provided were that his deliverables would not include what I have received from any other architect. These include mechanicals and certainly placement of important items like the wall heating/AC unit for the room addition.  We discussed this on several occasions. The plans do not include any mention of this either for the substantial power requirements of such a unit, not wall bracing for its location.  To imagine that an architect would not include any lighting, plug, or service requirements and proceed to send out plans for any dependable bidding – much less complete a bid for the total construction (and I am not assuming finishes which can be personal, inflate the price unknowingly BUT were also provided in general by previous architects) at the stated required budget is beyond comprehension.

My requirements to Moss were based entirely on a stated budget. That he assumed that budget somehow included his attempt to inflate the original price he stated, was improper on his part. For him to continue accruing a bill that quadrupled his original quote with no notification at any point during these proceedings defies any contractual agreement I have ever seen.  And I have been advised by a lawyer this is not a valid ‘contract’ as presented by Moss.

Moss sent the plans to Contractors. All but one refused to bid. Frankly now that isee the lack of details I can understand why they would not want to invest the time required to compile a bid. More importantly to me, and based on the original requirements given to Moss, there is no way a reliable or complete bid could be provided as there are major details missing.  Just one expensive and relevant example is the inclusion of the wall unit. While I provided him with a finite target for the cost of this building, Moss appears to have selectively chosen to provide a shell in both sketches and plans that lack major and substantial omissions.

I also clearly and repeatedly indicated the bathroom addition should be included as an option since I was not sure this would truly fit into the required budget.  I was repeatedly assured this was standard and included in such a way that it could be used, or put on a back burner.  Most recently in his email of 9/4/2020 he claims this is out of ‘scope’ – no such discussion or agreement was ever made between us to this effect. Again clearly failing to provide what was clearly agreed on.

I am in possession of plans which do not meet requirements with in details, included features we spoke about and exceeded what I planned or could afford significantly.  Unusable since they cannot be properly bid on, or result in the provided requirements.  $4500 expenditure which is lost. I may have failed to adequately interrogate Moss as to what he was going to deliver, but he had more than sufficient opportunity to clarify this based on discussions and the very rehab plans he borrowed for his use.  Hard to believe that his standard process doesn’t include informing the client of what he is going to deliver.  Nor did he indicate with his delivery of  (not) ‘complete’ plans that any additional work was required.  If this had been the case I would have proactively worked with someone who knew lighting to provide this information quickly so as to meet the (again) required stated schedule.