ComplaintsforAmsted Design-Build

• Initial Complaint

  10/01/2023

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  To Whom This May Concern, We had hired Amsted Design-Build for a kitchen with custom cabinetry and laundry room renovation in September 2022, based our decision on their estimate quote (which was within the same ballpark as other estimates we got from other contractors), reputation, warranty and project construction start date. In addition, we had more confidence thinking that Amsted is BBB accredited as advertised on their website. To start the project, Amsted requested a 3% design fee which was more than $5000 for scanning the main floor and initial design of the kitchen/laundry room and this step went fine. However, when the project coordinator presented us with the refined estimate for the construction retainer, their estimate was substantially increased by 30% and outside of our budget. After raising our concerns, Amsted went back and further refined their estimate but it was still 10-15% higher than the initial quote. Due to the estimates and ****** excuses provided to justify the increased estimates, it raised red flags for us and we walked away from the project, ** ** **** **** * ***** *** ******** The 3% design fee only got us a few hard copy printouts of the unfinished kitchen layout and design, and they did a scan of the main floor, but no electronic copies were provided to us. ** *** ***** *** **** ****** ** ** ****** ********** ** ***. I am not sure if BBB is able to help us at this point to retrieve some of the 3% designer fee back as a refund.*** **** ******* **** *** **** ****. Thank you

  Customer response

  20/01/2023

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********. I have reached a resolution with Amsted, and they have provided me with a partial refund as requested.
  
  Sincerely,
  
  ***** ****

• Initial Complaint

  22/06/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I am seeking a full refund of $12,700 + HST for money paid for to Amsted in advance of work that ultimately was not complete and full of mistakes. There were so many continuous mistakes that I've lost complete faith in their ability to deliver on this project. Please find attached the necessary documentation outlining all the issues.

  

  Business response

  30/06/2022

  Here is Amsteds side of the story. 

  - Amsted entered a Project Development Agreement (attached) with the *****s Dated June 15, 2021. That work was completed and paid in full.
  - Upon satisfactory completion of the Project Development, the ***** and Amsted entered the Design Services and Retainer Agreement (attached). The ***** paid in full per the agreement.
  - Amsted completed the items noted in the Design Services and Retainer Agreement despite lack of cooperation from the *****.
  - It is clearly stated in the Retainer portion of the Design Services and Retainer Agreement that the retainer is ‘non-refundable’. This document was signed and paid by *****.
  - The ***** terminated relationship when presented with final Construction Agreement claiming that costs were too high. This despite regular advice from the Amsted designers and sales staff that the continued ***** scope changes, were increasing the costs.
  - The ***** then complained and demanded a full refund of the retainer.
  - Amsted company ***** (***** *********) and ***** ******* (****** ******) met with ***** **** (Mr. ******** was to attend but was not present at the meeting) to discuss the issues. Despite a number of attempts by Amsted ***** to express the -purpose and reasoning behind the ‘non-refundable’ retainer and the work that went into the project behind the scenes to have it staged for construction, Ms. **** refused to listen.
  - Ultimately, ********* acknowledged that Ms. **** had no interest in discussing the issue and he offered a full refund of the Retainer portion of the Agreement in the amount of $27,000 + hst. Ms. **** accepted and asked when she could pick up a cheque.
  - Mr. ****** was witness to these events.
  - A cheque was made available to Ms. **** in the full amount of the settlement agreement and was picked up and cashed by Ms. **** the same day.  
  - Ms. **** then sent an email claiming the amount was incorrect (see attached email string ending May 30, 2022-4 pages). See also the correspondence back and forth.
  - Amsted (***** *********) identified that this had evolved into a dispute and he offered third party dispute resolution.
  - The suggestion of third party dispute resolution (including *** mediation) was declined by the *****.
  - ********* followed up with the email of May 31, 2022 by re-offering dispute resolution services and being open to any other form of resolution that respected both parties position.
  - No reply was provided.
  

  Amsted’s position is:
  - Agreements are in place and signed by all parties
  - Payment was made in full per the terms of the agreement
  - Designs were completed and selections facilitated per the agreements
  - As an ‘act of good faith’ Amsted refunded the Non-refundable Retainer portion of the agreement despite fulfilling the terms of the contract.
  - ***** is being unreasonable with their request for additional refunds

   

  We respect that you may need to post this on your webpage but we would like to be called before hand to discuss further. 

   

  Thank you, 

  Amsted Design-Build

   

  Customer response

  04/07/2022

  
  ********** ********
  
  I am rejecting this response because:

   

  Hello,
  
  The response by Amsted doesn’t address the claim filed.  It seems like an attempt to redirect attention away from the issues at hand.
  
  I tried to make it simple by going through the list of deliverables Amsted was contracted to provide along with the supporting documentation of the fact that these items were either not provided or so full of mistakes and deficiencies that it is unacceptable.  It is not right that they keep my money for a service that was so filled with errors.  I’m attaching the two files again for reference.
  
  Sincerely,
  
  ***** ****
  
  Sincerely,
  
  ***** ****

  

  Business response

  20/07/2022

  ********* *** *********

   

  Amsted stands behind the statement noted in the first response to this complaint, addressing the home*****s’ issues; all deliverables in the Design Services and Retainer Agreements were fulfilled. Designs were completed and selections facilitated per the agreements. And as such, payments continued to be made by the home***** to move to the subsequent steps in the design-build process.

   

  Following the initial request to withdraw from the process, Amsted’s ***** and ***** ******* met with the home*****, and it was mutually agreed upon that Amsted would refund the (non-refundable) Construction Retainer ($27,000) as a show of good faith. The home***** accepted and cashed the cheque. However, we continued to receive additional requests for refunds, and therefore offered mediation on several occasions to bring about a resolution to the lingering disagreement in the fulfilment of our obligations. We respectfully propose mediation once again to close this matter, rather than continuing through online back and forth.

  Customer response

  22/07/2022

  
  ********** ********
  
  I am rejecting this response because:

  
  I do not accept Amsted’s response.  They continue to avoid addressing all the evidence in my complaint proving that they did not meet their contractual obligations on the design services.  I never signed off on anything.  The fact that I’m pursuing this with the ****** ******** ******, is evidence that I have asked and am asking for a refund of the design services.  That has been my position since I first called the ******* *******, ****** ******, around the first week of March to express my dissatisfaction with their work. ****** ****** was in complete agreement that Amsted let me down, that they did not deliver the “Amsted Way”.  He acknowledged the large number of deficiencies and expressed that he understood how I had completely lost faith in the design.  It was in that conversation that I asked for a full refund.  This request was re-iterated to the ***** in a follow-up meeting on April 28th, 2022.
  
  
  I feel that I have given Amsted the opportunity to make it right through the complaint process provided with the ****** ******** ******.  This doesn’t seem to be working and my next step will be through Small Claims Court. 

  
  
  Sincerely,
  
  ***** ****

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