ComplaintsforBlue Nail Roofing & Construction Company

• Initial Complaint

  06/02/2023

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  I signed a contract (Job: 2023-8556) with Blue Nail Roofing and Construct (BNE) on April 29, 2023. BNE completed the work and exited the property on May 11, 2023. There was two bundles of shingles (approximately 2/3 of a square) left as well as one exhaust with flashing. I asked who I think was somewhat of a ******* what the deal with the materials was about. He said they order extra just in case, which I understand, and the exhaust was too big so, they kept the old and just painted it. I asked if we get credit for those materials, and was told to speak with the consultant. The consultant showed for the balance owed at around 6:00 p.m., on May 11. My wife met the consultant outside, gave her a check for the balance, and asked about the left over materials that were unopened and unused. The consultant told my wife she would take them and then something else about another customer at another job that she cant be sure of. We bot figured there would be a credit issued to either the insurance company, or ourselves.May 26, 2023, I received an email from an adjuster with BNE with a balance, no invoice attached, for an additional $1,0663.31. That balance was to cover the supplemental clain and part of the depreciation. I answered the same day advising her of another check they had not given me credit for as well as the returned materials. The answer I received on may *********************************** case any materials arrived damaged so that we do not have to stop and make a trip to get them replaced, with the expectation of returning what is damaged or not used. The materials were not opened or used and Page 4 of the contract says, Once materials are delivered to the job address, they are the property of the home/building owner.I pointed out the language in the BNE written agreement, but they still refuse to give me credit for the material.

  

  Business response

  06/05/2023

  In the agreement signed by **************, he will notice on page 3 in the paragraph "Customer Warranties/Representations", it states "All surplus material shall remain BNE's sole property".   In order to avoid any potential interruptions or delays during the project, we over order the necessary materials.  By doing so, we can minimize the need to halt the job in order to acquire additional materials and maintain a steady pace of progress.  The paragraph that ************** pointed out is there in case of theft.  If a theft of materials occurs overnight, a homeowner may file a claim for the theft.   Our consultant stated that ****************** wife said that the left over materials were unwanted, so she and the homeowners helped load them (and were filming this).  However, to avoid any confusion or disagreement,  we will deliver these surplus materials to ************** since he believes they are his possession.  

  Customer response

  06/05/2023

  I am rejecting this response because:

  Obviously, I did not notice that sentence in the contract,but I am extremely glad it was pointed out. It represents the double talk and standards written in the contract.  If everything goes well, "All surplus material shall remain BNE's sole property".  However, if the materials are subject to theft,they are the property of the home/building owner.
  
  The business makes claim their consultant said my wife stated the materials were unwanted, yes, she did help the consultant to load them, and the security cameras activate with movement. My wife says she simply asked what about the extra material inquiring what happens with it.  The consultant said she would take it.  Thats it.  I was not there, nor was the person writing the business response.  The business chooses to believe their consultant, and I choose to believe my wife.  Nonetheless, that gets us nowhere.
  
  The fact remains, we were NEVER advised there would be no credit issued for the unused material. It was not until I asked that I was informed there would be no credits for the material.  Note, the May 31 email sent to me by a BNE associate says they order the extra material in case it is damaged, with the expectation of returning what is damaged or not used.  Again, more double standards.  Credit for us, but not for you.  As for the exhaust vent and flashing not used, that was a mistake in ordering, or a mistake in filling the order.  Regardless, we did not get the exhaust and flashing that was paid for.  It was not install because it was the wrong size.
  
  I dont want the materials, just a credit for them whether it be paid back to the insurance company or myself.  I am paying the same deductible either way,and BNE has the depreciation portion they billed for.  So, I say, No, to their response and offer. I am also, at this time, giving BNE a Criminal Trespass warning.  If anyone from their company enters the boundaries of my property, I will file Criminal Trespass charges against them.  I will contact them if warranty work is needed.
  
  It's funny BNE agreed to and bent over backwards to fulfill all my wishes up until I signed their agreement.  Once it was signed, everything went their way despite what I asked for.  Thats probably a can of worms they really dont want to open right now.

  

  Business response

  06/05/2023

  After responding through the BBB, I emailed **************:

  We received your complaint to BBB and have responded.
  
  ******* will be dropping the over ordered materials to your home on Wednesday afternoon.
  
  Please see the attached invoice showing the balance due. 
  
  Thank you,
  *************************
  Billing Dept
  Blue Nail Enterprises
  ************ 

   

  Before realizing that ************** responded to my response, I emailed this to **************:

  **************,
  I am not understanding what you would like that would resolve the problem.  According to the BBB complaint, your complaint was "The materials were not opened or used and Page 4 of the contract says, Once materials are delivered to the job address, they are the property of the home/building owner.   So we were hoping to return to you what you believe is your property.
  
  After reading the emails, I see you believe you are owed $259.40 plus tax.  I'm not sure how you arrived at that amount.   *******, in our office, thinks that you may be deriving that number from your insurance paperwork.  If so, that amount would not only be material costs, but would also include labor costs.  However, I can tell you that we did return the materials and our supplier gave ** a credit in the amount of $146.93.
  
  And, as ******* stated in her email, we paid the additional labor and materials to paint your chimney instead of changing out the vent. 
  
  But in order to resolve this matter, we will give you the credit in the amount of $146.93 (which were only over ordered materials in the first place), or would you like ** to deliver the materials back to you?
  
  Thank you,
  *************************
  Billing Dept
  Blue Nail Enterprises
  ************ x1007

  So, I will credit ************** $146.93, and we will not charge him for the extra labor and materials to paint his chimney.

   

  

  Business response

  06/05/2023

  I have deducted the amount of the credit given to ** by our supplier from the invoice to ***************  And even so, we will not charge him for the labor and paint to paint his chimney, which we did instead of exchanging out the vent.  I have emailed the revised invoice to **************.

  Customer response

  06/05/2023

  What really irritates me is the fact so many people at BNE were making statements they know nothing about. See my June 5 email to ****************** as well as the attachment containing my May 1 email to the consultant offering to pay for the painting of the chimney.

  Customer response

  06/06/2023

  When I receive the payment as promised, I will release this complaint.

  Customer response

  06/09/2023

  I have reviewed the business response and accept this resolution. When I receive the payment as promised, I will release this complaint.

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