ComplaintsforBeattie Development Corporation

• Initial Complaint

  07/08/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Unanswered

  More info

  Beattie Dev took money and never finished our home. Do not do business with him!!! We have lost over $200,000.00 plus some change. He lied to us and stole from us. Our home is also not completed along with other clients of his.

• Initial Complaint

  07/08/2024

  Complaint Type:

  Order Issues

  Status:

  Unanswered

  More info

  Nature of Complaint: This complaint details unfair business practices by Beattie Building Development during the construction of our new home.Details of Complaint:Unilateral Price Increases: After a meeting initiated by ************ Beattie, the agreed-upon contract price was increased by $70,000.Unforeseen Charges: An additional $10,000 charge for "site work" was added after the contract was signed. Beattie Building Development could not provide a clear explanation for this charge.This is a usual business practice from this company, which offers a discounted price, only to charge a price increase clause when the actual prices do not match their underestimated budget. Withholding Closing: Closing on the house was contingent upon payment of the additional charges, despite them being unforeseen and outside the original contract.Uncompleted Work: We have been waiting for seven months for the completion of the punch list items identified during the final inspection.Unresponsive Communication: Beattie Building Development's office does not respond to emails. Our designated project manager, the fifth assigned to our project, also does not respond to emails and has not provided a cell phone number for further communication.Desired Resolution:We request that the BBB investigate these practices by Beattie Building Development. We would like to see the completion of the outstanding punch list items.We believe that Beattie Building Development's actions constitute unfair business practices and hope the BBB will intervene to ensure a satisfactory outcome.

• Initial Complaint

  06/26/2024

  Complaint Type:

  Billing Issues

  Status:

  Unanswered

  More info

  Beattie Development remodeled our upstairs and we paid them in full for the work which was done to our satisfaction. We received a statement from Beattie that our account had been paid in full. Now we have lien on our house because Beattie has not paid a sub-contractor. We want this resolved.

• Initial Complaint

  02/29/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This was a new build home and came with a 2-1o warranty. The ceramic floor throughout my entire home is hollow and been popping up since we moved in. We did file this with the 2-10 warranty and Beattie says its not covered. I had the superintendent from Beattie come to the house and look at it and admit it is an installer issue but said its way to much work and they probably wont fix it. They still haven't completed all repairs outside of this one and they dont stand behind any of the issues they created.

  

  Business response

  03/18/2024

  Beattie Development enjoys an extremely high customer satisfaction rating on social media reviews and is also a multiple year recipient of the Guildmaster Award of Highest Distinction, which is the result of third-party post-completion surveys answered by customers who have built or remodeled with Beattie. Additionally, Beattie Development has been named ******* Residential Builder of the Year for the past three consecutive years. A concern about some floor tiles installed in a home built three years ago was brought to the attention of the *** of Beattie Development through another means of communication.  A Beattie Development construction management supervisor subsequently visited the home to assess the situation and to engage in dialogue with the homeowner. Beattie Development has agreed to make corrections to some areas of concern even though it is beyond the scope of the covered period of time as stated in the 2-10 Home Buyers Warranty which the buyer received when closing on the sale of their home three years ago. There is a system in place for filing homeowners warranty claims so that such claims do not go unanswered. We're hoping this is just a matter of miscommunication. We always do our best to build a home our clients will be proud of for many years to come. We are confident that this matter is in the midst of resolution that is satisfactory to both parties.

• Initial Complaint

  12/05/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I signed a contract to have my house built with this company. They had run some surveys etc and we had made some changes. Once we agreed on price, we started the permitting process and sit work plans. Right before we broke ground, they wanted an additional $100k before we started building. The apologized to us and let us break the contract. That being said, they have not returned out deposit and it has been over a month. They will not answer any calls and they keep messaging us saying it'll be "next week" but that hasn't happened yet.

  

  Business response

  12/12/2023

  Beattie Development enjoys an A+ rating with the Better Business Bureau. That's because we conduct business every day in the most ethical and professional manner. Our company also enjoys a 4.8 out of 5-star rating on ****** Reviews as well. It's quite rare when a consumer complaint such as this one is received by our company.
  Every new home building contract that is signed between Beattie Development and the customer contains an "escalation clause" that provides for up to a 10% price increase in the event that once the building project begins and unforeseen circumstances occur with the land, lot, environmental issues or materials price increases, Beattie has the option to pass along those increased and unforeseen expenses to the buyer, up to 10% over the initially contacted agreement price.  If the overage exceeds 10% of the contracted agreement price, the customer has the right to proceed, or cancel the deal.
  In this case, we believe there was an unfortunate misunderstanding that gave the customer the impression that his new home project was going to cost $100,000 more than his original contracted price, which would have greatly exceeded the 10% ceiling on acceptable overages. That is not, in fact, the case. The actual overage would have fallen well below the10% escalation clause ceiling.
  But the customer apparently came away from the communication with the companys sales rep thinking that the build price was going to rise by nearly 20%. That was when communication between the two parties apparently broke down.
  After hearing of the situation, Beattie Developments CEO made multiple attempts to reach out to the customer to set up a call that would clarify the situation. Unfortunately,those calls went unanswered and the customer requested to cancel the agreement.
  When a customer cancels an agreement in which the higher price falls below the 10% escalation clause dollar amount, the signed contract calls for a financial penalty that is charged to the customer for cancelling.
  When repeated attempts failed to get the customer on the phone to discuss this situation, the company acquiesced and sent out the cancellation paperwork.
  We believe the entire situation occurred because of a misunderstanding. It is our hope that the customer will get back in touch with Beattie Development to discuss the situation, because we believe there is a sensible and acceptable solution that will preserve this existing contract to the satisfaction of both parties.

• Initial Complaint

  08/21/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  After a year under contract, we discovered they had failed to obtain the necessary permits and lied to us along the entire way telling us permits were all in motion. Mind you, this is only one of the issues that transpired. Unfortunately, their business practices and trustworthiness have been deeply disappointing. Despite breaching the contract, they have refused to return my deposit of $7500. Which I was told was used for permitting, but only $233 was spent on the permits. I would recommend against engaging with them, particularly if you are dealing from out-of-state. While I consider myself a patient and composed individual, my experience with Beattie's business operations has been less than satisfactory. Their approach not only raises questions but also gives an impression of deception.While I recognize Beattie Development's accolades and reputation in Southwest *******, my personal experience has been quite different. A company's reputation should be built on the consistent satisfaction of all its clients, not just a select majority. My situation is a testament that there are instances where Beattie Development has fallen short of their high standards.My review *** indeed be one-sided, but it is an honest account of my experience. Consumers deserve to hear all sides, including those rare negative experiences, to make an informed decision. It's not about disparaging your business; it's about bringing to light a situation that was handled poorly from my perspective.Your growth over the past 14 years is commendable, but growth should not come at the expense of any customer, as has been my case. Every customer's experience counts, and each one contributes to the overall reputation of a business.

  

  Business response

  08/25/2023

  It is a very rare occasion when a consumer complaint such as this one is received by **. That speaks volumes to the way in which we conduct business each and every day. In fact, there are no other complaints to the BBB on record and Beattie Development enjoys an A+ rating.
  Mr. ********** claim is baseless. At the time when the contract was signed, ********************** was given timeline expectations of 6-9 months for the permitting process and 12 months for building once construction starts. That timeline was given before Hurricane ***, a category 5 storm devastated ********** and most of Lee County, ******* in late September 2022, which caused a complete disruption to everyday life, the supply chain, the permitting process and many more issues beyond the control of any business.
  It was not through any poor business practice that the inevitable hurricane aftermath delays affected many projects already under contract, including that of **********************. Work on Mr. ********** project began back in November of 2022, including Surveys, engineering work, perc studies, and many other technical procedures, all of which happen in the background prior to a builder breaking ground and beginning construction once the building permit is issued. With four months lost in the ********** permitting process for all projects, his permit was issued in May, 2023.
  When Beattie Development reached out to start construction on his home, his realtor informed us that he had not closed on his loan and was having problems getting financed. On June 30th, his realtor emailed Beattie to declare that he couldnt close on the loan and needed to cancel the contract. It is most unfortunate when a buyer is unable to obtain financing. Nobody likes to see that happen. But buyer financing is completely out of the control of the builder. And a clause dealing with such matters is included within the contract covering that possibility.
  Here is the cancellation clause from the signed contract,which reads as follows:
  If Owner requires a loan in order to finance all or any portion of construction of the Residence, Owner shall be solely responsible for any and all arrangements, costs, and expenses to acquire such loan, and in the event that such financing is not arranged within thirty (30) days after execution hereof, either Owner or Contractor shall have the right to terminate this Agreement. In the event of such a termination, Owner shall be responsible to pay Contractor all costs and expenses incurred by Contractor in connection with this Agreement, plus a Contractors fee of twenty-five percent (25%) of the total costs incurred, all of which may be deducted by Contractor from any deposit theretofore placed by Owner with Contractor or, if no such deposit was placed (or if the amount of such deposit is insufficient), Owner shall pay such amount to Contractor within five (5) days of receiving Contractors statement therefor. In the event that the same is deducted from the deposit, any and all portions of such deposit in excess of the amount retained by Contractor shall be paid by Contractor to Owner within 30 days thereafter. Owner acknowledges and agrees that Contractors initial costs of performance include, but shall not in any way be limited to, wages paid in connection with the administration of this Agreement and the Work, wages paid in connection with Selections, permitting and impact fees, engineering fees, design fees, and commissions paid as a result of Owners execution of this Agreement.
  By the time when the request-to-cancel email was received, $7,139.37 in expenses had been incurred by Beattie Development. Beattie Development has the right to add 25% in contractors fees to the incurred expenses, as stated in the above referenced contract paragraph. Upon learning of Mr. ********** inability to obtain financing to move forward with the build, Beattie Development was willing to cancel the deal by retaining the $7500,00 deposit and not billing ********************** for any additional dollars over and above the $7,500.00, even though it is within Beatties contracted right to do so. ********************** refused to sign the cancellation agreement because he wanted his $7,500.00 deposit returned, even though he had no right to expect the return of the deposit.
  ********************** has refused to understand that a contract has terms, and once signed, it forms the total understanding between the two parties.
  Unfortunately, at this time, **********************, who is in the digital marketing business, has taken to social media, including the BBB, attempting to impugn the reputation of Beattie Development by offering his one-sided and misguided interpretation of what transpired, with complete disregard for what he agreed to in the signed contract between both parties. This activity can only be interpreted by Beattie Development as an aggressive attempt to disparage our business, when in fact, we worked to the best of our abilities, while dealing with the aftermath of a devastating hurricane, to continue moving this project forward.
  We respectfully request that Mr. ********** complaint be rejected in its entirety, as it is baseless. We further request That ********************* s BBB review be taken down, because its breach of contract claim is false and his opinions are an attempt to disparage our business in the publics eye.  

  Customer response

  08/25/2023

   
  Complaint: 20501078
  
  I am rejecting this response because: Mr. Beatties response contains several intentional misrepresentations.  First, Beattie apparently trumpets its A+ rating and no prior complaints.  Beatties standard contract agreement, which I signed and is attached hereto as Exhibit 1contains a non-disparagement clause.  Most consumers will believe this clause is enforceable and will abide by the clause because they do not know any better.  However, this provision directly violates the federal Consumer Review Fairness Act (15 U.S.C. 45b).  Therefore, Beatties position representing itself as a reputable company with no negative reviews is entirely meaningless.  
  
  As referenced in my contract, Section 3 provided for commencement of construction within seven (7) days of preconditions occurring.  My contract was signed on April 29, 2022.  All preconditions were met as of June 26, 2022.  Beattie did absolutely nothing with the project until May of 2023 after I had already expressed I wanted to terminate the contract as a result of Beatties non-performance.  Once again, Beattie attempting to blame the September 22 hurricane for its total lack of performance through July, August and September holds no merit whatsoever.  
  
  As Ive been attempting to resolve this matter with Beattie, Beattie has also made several misrepresentations and contradictory statements.  On June 30, 2022, Beattie wrote to my attorney stating that the permitting process was done in May of 2023, however in that same vein also said that I never met the preconditions for them to commence.  First, if I hadnt met the preconditions it makes no sense that they would start the permitting process.  Next, the preconditions were met, and my financing related materials were provided to Beattie in March 22, before the contract was even signed.  The plain facts show that Beattie attempted to run up costs on the project after I indicated the agreement needed to be terminated.  
  
  I recently sold the property.  As the matter was pending closing Beattie refused to sign the contractors lien affidavit until intervention from my attorney which costed me more money.  My title company reached out to Beattie on several occasions, spoke to him and his representatives, and then once my attorney contacted him Beattie stated to my attorney that no one had ever requested he sign anything.  And once the documents for signing were provided to Beattie on multiple occasions, he indicated he would not sign unless I signed a release waiving any claims to the return of my deposit.  He only signed the release on the lien affidavit after he was threatened with a lawsuit for slander of title.  
  
  Beatties actions to date are not those of an upstanding business whatsoever, and certainly not one deserving of any positive ratings from the BBB or any other source.  If you would like to speak to my attorney, he can be reached at **************. 
  
  Sincerely,
  
  *************************

  

  Business response

  09/01/2023

  Mr. ********** rejection of Beattie Developments response to his ********* lacks any merit.

  Beattie Development is not going to be bullied on social media by a single solitary disgruntled person who was unable or unwilling to get financing to move forward with the project he was under contract for.  Beattie Development is well-known in Southwest *******. It wins building/remodeling awards annually. It has a 4.8-star reputation on ******* It has no prior *********s registered against it with the BBB. It is a company that has grown from 30 to 200 employees within the past five years.  It is a company that gives back to the community in many ways. It is an upright company.

  As has already been shown in our original response to this *********, right from the time when both parties signed the building contract, Beattie Development has always acted in good faith with the goal of fulfilling all terms of the contract. At contract signing, Beattie stated a six to nine-month timeline for the surveying, perc studies, septic approvals and permitting process to take place, and twelve months for building once construction starts. The fact that the major hurricane of September 2022 caused further delays to this and all projects cannot be ignored by *********************, simply because he doesnt find it convenient to his desire for a refund of deposit monies.

  Through it all, Beattie Development has done its job, with surveys and testing underway as far back as November 2022 right through to acquiring the building permit in mid-May 2023.
  During this time, Beattie staffers communicated with *********************, his realtor, his chosen finance companies. Beattie was being told by Mr. ********** realtor that financial approvals were imminent.

  ********************** makes an incorrect claim in his latest response that all contract preconditions had been met on June 26, 2022.  Nothing could be further from the truth. All preconditions that were under the control of Beattie Development were met on May 19, 2023 when the building permit was issued.  The only precondition that was still not met as of that date was ********************** closing on his loan to enable him to proceed with this project. Beattie was informed of Mr. ********** inability to secure project financing and the desire to cancel the contract in late June, 2023 in an email from his realtor.

  ********************** was then presented with Beatties standard affidavit of release, which he refused to sign.

  As Beattie Development has previously stated in its response to Mr. ********** *********, the terms of the signed contract clearly state that the (lot) owner (**********************) is responsible to pay for all costs incurred by Beattie Development (plus a contractors fee of 25%) while it took the necessary steps to advance this contract for readiness to begin construction.Beattie Development provided documentation in its previous response to Mr.********** ********* showing the expenses that Beattie had incurred toward this project, which totaled $7139.37. Beattie Development was well within its rights as per the terms of the contract to keep the $7,500.00 deposit.

  ********************** seems unwilling to accept the fact that he is required to live up to the terms of the contract he signed when he decided to cancel it. Beattie Development has learned that ********************** has sold the lot upon which the contracted for home was to be built. We consider this matter to be closed and will not engage any further in Mr. ********** attempts to impugn our business reputation.

  Customer response

  09/06/2023

   
  Complaint: 20501078
  
  I am rejecting this response because: once again the claims are false. My financing was approved in March 2022 (see attached -- and also the loan disclosures for closing). They waited 4 months until they did anything, why? My project should have started in June 2022 not NOVEMBER 2022? The Sept 2022 hurricane has nothing to do with this.
  
  Sincerely,
  
  *************************

  

  Business response

  09/13/2023

  Beattie response to 2nd consumer rejection.
  9/13/23
  Here is a recap of what occurred during the course of this consumers building agreement deal:
  
  Consumer entered into a Building Agreement with Beattie Development on May 4, 2022 (Copy of contract already supplied to BBB). At that time, he was told that the timeline for the permitting process, including all tests, would run 6-9 months. He was also told at that time that the build would then take approximately one year from that point. He was in line behind other buyers who had signed agreements prior to him.
  
  At the time of entering into the Building Agreement, the consumer presented a mortgage pre-approval letter dated March 16, 2022 (already provided to BBB) from Waterstone  Mortgage, his mortgage company of choice, saying he had pre-qualified for a loan amount of $262,500. A mortgage pre-approval letter is NOT a mortgage approval.
  
  The consumer was encouraged NOT to apply for his loan until closer to the actual building start date. Beattie Development did not want consumer to be saddled with unnecessary interest charges by closing on his loan too early.
  
  September 23, 2022: Hurricane *** makes landfall in the **********-*************** area as a devastating Category 5 hurricane. Everything went on hold as emergency responses came first. Then unprecedented supply chain delays hit, throwing more delays into all building/remodeling projects.
  
  Contrary to consumers claim that the hurricane had nothing to do with delays, the aftermath of *** brought a  tremendous impact to timelines and the building supply chain as well as building materials costs. ********** Building permits shot up by 84% over the prior year starting last October (see attached permit report from the city).
  
  Despite being previously advised to wait on his mortgage application process, the consumer submitted his mortgage application with Waterstone Mortgage on October 3, 2022, according to an October 6, 2022 letter accompanied by mortgage application disclosure statements and furnished to BBB by the consumer. Mortgage application disclosures, are NOT a loan approval.
  
  If the consumer had been advised to wait until near the end of the projected permitting process time period, why did he apply just 5 months after he signed his agreement and 11 days after a devastating hurricane hit the area? Certainly, he had to realize that all timetables would be delayed while the entire Southwest ******* area struggled to restore power, rebuild bridges, clear away massive debris, restore basic human services to area homes and businesses, etc.
  
  Beattie Development started incurring permitting expenses for this project in early November in the form of surveys, perc tests, etc. (Statement of Beattie expenses already supplied to BBB). The permitting process was slowed in the hurricane aftermath.
  
  The building permit was issued in May, 2023. During that period of time, there was a steady line of communication occurring between the consumer, his realtor and Beattie personnel regarding the forthcoming start of building, which was still pending mortgage loan approval and loan closing by the consumer.
  
  Nothing the consumer has provided indicates that he was ever approved for a loan closing.
  
  The consumers signed building agreement contained an escalation clause in the event that building supply costs rose during the time between contract signing and the course of building. 
  
  As per the contract terms, when the consumer was sent the escalation agreement (copy attached), increasing his home building cost to $300,000, consumers mortgage rep communicated that he would not qualify for the higher mortgage at the higher price (see attached statement from the mortgage rep). The consumer refused to sign the escalation agreement. In late June, the consumers realtor advised in an email that the consumer wanted to cancel the deal. He refused to sign the release forms, which, according to the contract terms (this contract already has been provided to BBB), require the buyer to reimburse the builder for all costs incurred up until the date of cancellation plus an additional 25%. (statement of expenses incurred by Beattie has already been provided to BBB by Beattie Development). Beattie Development did not charge the additional 25%, stopping at $7,500.00 (the amount of the original deposit). But the consumer somehow feels *********** a full refund of this deposit, despite the terms he had agreed upon when he signed the building agreement.
  
  Beattie Development learned that the consumer has sold the lot upon which the home was to be built. In spite of that clear intention-by-action on his part not to proceed with the home build, consumer refused to sign the final release. Beattie Development considers this matter closed with the $7500.00 deposit forfeited by the consumer, as per the terms of the contract.
  
  In summary:
  The consumer has said that Beattie Developments claims are false. What is false are the claims made by the consumer that he ever had a loan approval.  That lack of a mortgage loan approval and loan closing was the only pre-condition to proceeding with the build that was never fulfilled by either party. Whether or not the consumer signed the contract release form, his actions in selling the property on which the home was to be built and his failure to close on a mortgage loan serve as proof of the buyers intention to terminate the contract, in which written consequences to the consumer were clearly stated.
  
  With all due respect, Beattie Development considers this matter closed as per the terms of the contract and will not engage in further dialogue with this consumer on this platform.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩