Complaint Review: Prociw Construction & Roofing

Dear Rip-Off Report:

I just ran across this complaint on our company by accident in a Google search for something else and having been involved with the entire transaction, insurance negotiations, and meetings with this client I felt extremely compelled to respond.

In respect for the client and others involved in the transaction, I have used XXXXXXX's in the place of last names. This letter is taken from the response to the BBB I tendered about a year ago, from which the issue was closed.

Thank you for reading our side of this unfortunate story.

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Regarding the complaint tendered against our company by Larry & Staci XXXXXXX of Maple Valley, Washington. We understand the their frustration with the damage incurred to their residence during the storm of December 2003; however, we feel that we did our best to accommodate Mr. & Mrs. XXXXXXX both with quality construction services and administrative support, and find the accusations levied against us to be unjustified. We take this situation very seriously, and I will attempt with the following statements (exhibits of all evidence available in our files) to paint a picture for you of the circumstances surrounding this transaction so that you can have a clear picture of our position.

We were contacted by the Clients for an estimate on the storm damage to their home. We rendered an estimate and a contract for services, which was signed by Staci XXXXXXXX (who represented herself as the homeowner) on December 11, 2004. The initial insurance adjuster sent by Farmers, Mr. Ron XXXXXXX, assessed the damage and gave Prociw Construction & Roofing and Mrs. XXXXXXXX verbal go-ahead based on our estimate and signed contract. Based on this Prociw Construction & Roofing began repairs on the XXXXXXX Residence. At this time I will point out that although our contract requires 50% down, due to this being an insurance job and the damage the homeowner was facing (a tree through their residence) we started the job without any down-payment whatsoever, working in good faith with the homeowners.

The situation then became more complex as when Farmer's Insurance tendered payment it was not even close to that which was verbally agreed upon. At that point we worked administratively with the Clients and their insurance company to see that they were paid according to the verbal agreement. Apparently, the initial adjuster was no longer available and a new adjuster was assigned to the case. At this point, we were nearly 75% done with the job and still had not received any payment whatsoever. After spending several hours administratively and phone calls and faxes we were able to work with Farmer's to see that the clients were paid accordingly, and in the end we discounted our services so that they would not have any out of pocket costs on this job (a total of $5,286.29).

Funds became available for the first payment on this job 18 days after the contract was signed, December 29, 2003 in the amount of $10,000. We received an additional payment of $10,000 on 01/05/2004, and another payment of $10,000 on completion of the job on 01/14/2004. Under the amount of the signed contract at that point there was another $9,168 due. Seattle Mortgage (who holds the Deed of Trust on this property) held back the final insurance payment of $4,000 until they could inspect the work. At that point, knowing that the homeowner would be short funds to pay off the contract, Don Prociw made an agreement with Staci XXXXXXX to accept the final $4,000 as payment in full and that we would hold off on collecting that until Seattle Mortgage released the funds. On January 19, 2004 I spoke with their banker at Seattle Mortgage to confirm that they were holding these funds and elicit a timeline on when these funds would be released. She stated that they (Seattle Mortgage) would need to schedule an independent inspection of the property and when they were satisfied that all work was completed the funds would be released. I followed up with Seattle Mortgage on February 2, 2004 who confirmed that the property passed inspection and that the final check for $4,000 had been mailed to the clients on Thursday, January 29, 2004.

During the next 2 days we attempted to reach the clients on numerous occasions both on their cell phone and residential line (between February 2nd through the morning of February 4th). At that time, we were unsure what was going on. NO punch list had been tendered during the previous 2.5 weeks or any complaint. We were just awaiting payment. Finally at 12:52 PM on February 4, 2004 Mrs. XXXXXXX returned my call. I explained to her that I had just finished a pre-lien notice for the remaining balance and it was at that time she stated that they had complaints and a punch list. I asked her to fax it over, so we could review it and be proactive and she refused. A FULL record of the call is on file as well as a copy of the pre-lien letter and notice, which was sent via Federal Express February 4, 2004 for AM delivery on February 5, 2004. As a side note, during property record examination for the Pre-Lien Notice I was shocked to find out that Staci XXXXXXX, who had represented herself as the homeowner for the entire transaction, had Quit Claimed her interest in the property to her husband Larry XXXXXXX when the refinance was done with Seattle Mortgage in May of 2003. I mention this, as this figures in to our final face-to-face conversation with the Clients.

On February 5, 2004 Mr. XXXXXXX called Don Prociw and asked if they could pay the final balance and meet with us on Saturday, February 7, 2004 at their residence at 2:00 PM. Since there was an expiration for the discount in the Pre-Lien notice of February 6, 2004 at 4:00 PM he asked that we fax something over stating that we would extend the terms until February 7, 2004. This was faxed twice, as Mr. XXXXXXXX stated he had not received the first fax.

On February 7, 2004 Don Prociw and I met with the Clients at the appointed time of 2:00 PM at their residence. They both seemed quite agitated. A punch list was given to us and then taken back prior to our exit. At one point Mr. XXXXXXX stated that they should not even have to pay, as Staci (who had represented herself to us as the homeowner) was not even legally the homeowner. At that point, I stated quite clearly that if that was the route they wanted to take then we would have no other choice to pursue fraud charges against Staci XXXXXXX. The Clients made demands for certain documentation, at this meeting, which I complied with on Monday, February 9, 2004 and mailed via certified mail on Tuesday, February 10, 2004, and this was signed for by Staci XXXXXXX on Saturday, February 14, 2004. In addition, at the abrupt close of the meeting a cashier's check for $4,000 was thrown at Don Prociw, the punch list was taken back and, although Don had stated he would be happy to comply with the punch list, Mr. XXXXXXXX ordered Don and I off his property and stated clearly and in anger that he did not want Prociw Construction & Roofing to do any other work on his home.

As far as the two complaints we already discounted their contract by $5,286.29 and they refused in no uncertain terms to have us do any further work. We have no idea why they were unhappy and why they would not allow us to correct anything that they were unhappy with. In addition, the second complaint regarding statements made regarding their roof, this is completely hearsay and totally untrue. Their roof had a tree through it - which caused a lot of damage which was far more than just simply a roofing issue. In addition, their insurance company paid for a complete new roof and all repairs and their home's resale value for future is enhanced with a new roof and one that is not patched together, and it is much more aesthetically pleasing as well.

We document our transactions. I am not sure what the motivation behind this complaint could be; however, it is our position that we have done everything possible to assist this customer and work with them through this whole ordeal and be fair. Please let us know if follow-up is needed.

Thank you, and should you have any additional questions, please do not hesitate to call me at 253-468-0005

Respectfully yours,
Prociw Construction & Roofing

Tracey A. Wallace
Operations Manager