ComplaintsforHayward Contracting

• Initial Complaint

  06/14/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  The date of transaction for the job was May 27th, 2023 at this time the job was suppose to be started on this date. The job was to be completed a week to two weeks from this date. Pictures are provided of what the job looks like two weeks later which is no where near completion. A deposit of 2000 dollars was given to James Hayward on 5/27/23 in which he stated via text message that he was using to get all of the materials for the deck, on 6/14/23 no materials were obtained by James Hayward. When this writer, ****** ***** asked James Hayward where the materials were he stated he needed an additional 920 dollar deposit in cash or check by 6/13/23. This writer, ****** ***** stated no more money would be given to James Hayward until the materials were at her property as the materials were suppose to be obtained already as previously stated. James Hayward then stated he would no longer complete the project until the 920 dollars was given to him. James Hayward had no plans on completing the deck the day that he was demanding 920 dollars from ****** ***** as he stated to Officer ***** on 6/13/23 that he had to leave Binghamton NY that day by 2pm to go back to Elmira to pick up his children. This writer, ****** ***** would like the 2000 deposit returned to her as James Hayward did not purchase any materials as stated previously and the job is no longer being completed by James Hayward. The name of James Hayward's business is Hayward Contracting located in Elmira, NY. Thank you for your time.

  Business response

  07/01/2023

  I was hired to finish a deck the Ms. ***** had previously hired someone to do. We had discussed details of job and agreed to terms of project. I had then drew up a contract on which Ms. ***** had her mother sign on her behalf on 5/27/23 due to her being out of state. Contract agreement stated the total project cost would be $5825. At which a total deposit amount of $2912.50 would be paid at time of signing stated on the contract and verbally told to Ms. *****. Deposit covers, materials to start and any other cost during project time. On the date of signing an amount of $2000 was paid which understanding of the remaining balance to be paid when Ms. ***** returned. I agreed and started the project. Now my building permit was not issued until 6/02/23 by the local code office in which no work can be done until permit issued. Now project was started the following week… On the week of the 6/7 I had asked Ms. ***** for the remainder of the deposit owed and 2 other days prior. After several attempts to get it Ms. ***** stated she wasn’t giving anymore money until either all framing material was there or framing done. I had explained to her that once the remaining deposit amount was paid framing would begin. I tryed explaining to her that the reason for a specific deposit amount is asked is due to covering not only what materials will be needed but ANY other cost that may arise during project and that the remaining deposit balance needs to be paid for other material to be purchased. Now once the $2000 of the $2912.50 was paid we had demoed the old deck framing, hauled away to dump, purchased some concrete and posted for framing and support of second story and rented specific equipment to dig out 6 14” holes for sonotubes, plus is paid for fuel cost back and forth 45 mins each way. I explained to her that needing the remainder that was AGREED upon and contract signed was to be paid before anymore work could continue. Afterwards she stated she didn’t want to pay anymore unless more work was done. At that time I then decided to end the work from moving foward because she had chose to not honor the contract signed.

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