Mussell Construction

Complaint: [redacted] I am rejecting this response because: The summary that has been provided here is not based in fact nor does Mussell Construction have any tangible evidence to support their claims that we were supposedly burning green or glue-laminated wood There have only been two representatives of Mussell Construction that have been to our home between when we moved in and when the chimney fire occurred; their finish carpenter, Rob H [redacted] , on 12/and their superintendent, Tim M [redacted] , on 2/ Neither visit was related to the wood stove and neither time were my husband or I home; we allowed them access to our home while we were at work, therefore there was no fire in the wood stove and they can make no factual claim as to how or what we were burning None of the previously mentioned witnesses or spokespersons have witnessed our burning practices All statements regarding our burning practices are false, we have followed the burning instructions as they are listed in the stove manual that accompanied our wood stove Further, the wood that we burn has been properly seasoned and is of the appropriate moisture content Our statements that the recommendation is to remove the offset are not fictional and we have gathered written statements to prove this In regards to the direction for a straight flue, the design was worked up between ourselves and Gas Products of Boise as instructed by Mussell Construction, we have that instruction via email from Mike M [redacted] We forwarded the full conversation between ourselves and Gas Products to Mike M [redacted] and his superintendent, asking them to look over the design but they never responded Yes, in this email a concern was expressed about cost as it related to the potential of a mantle Mussell Construction can’t claim the same email is not a directive for a straight flue but is a directive for the existence/nonexistence of a mantle Especially when they just recognized our request to not add costs but their decision to install an offset resulted in additional costs to us as the offset was more expensive than a straight flue Again, this is just another example of Mussell Construction’s lack of communication and planning We followed the design and communication process that they outlined, they failed to do the same All email strings are documented and available for review to anyone who needs them Concerning the 2% commission discount we were offered (not requested), this was allotted to us if we provided progress updates during the week when we would be on site already This agreement did not include any stipulation that we would be responsible for the integrity or safety of the work completed as we are not qualified to do so Simply put, we were to provide the Contractor with progress updates (ie: Framing started today, Concrete Patios appear to be formed, etc) We were not paid to provide quality control services as we are not the industry experts We paid Mussell Construction for their construction expertise and coordination efforts (which were negligible at best) Further, we upheld our agreement to progress oversight during the build by proactively identifying this as a potential issue well in advance of the point of no return We specifically asked Mussell Construction to review our truss design layout PRIOR to installation of the trusses and the flue-box Had Mussell construction done this, as we had requested in an email, the flue could have been installed as we had requested (straight) without any additional costs Per our build contract, Mussell Construction is responsible for the coordination and work done by all of their subcontractors Additionally, any changes to the scope of work, pursuant to the executed subcontract, were to be signed by both Mussell Construction and ourselves PRIOR to any changes being implemented (this did not happen during the entire build – a breach of contract by Mussell Construction) The accountability for our mismanaged flue falls on no other shoulders than Mussell Construction The signed contract by both parties as well as the outline of the 2% discount can be provided, if needed, for documentation Finally, we were refused a final walk-through by Mussell Construction We were told that it was already completed by Rob H [redacted] and that our presence was not required Mussell Construction also refused to sign the VA Warranty at closing, a standard that should have been met as we utilized a VA Loan and Mussell Construction is an approved VA Builder It also took them a week after we closed on our house, and several written requests, to provide us a copy of their own written warranty Even if we were aware of the safety issues that the elbow posed at the time it was installed, we were refused by Mussell Construction all standard avenues for recourse, as was the case with all of our other warranty items that took months to be addressed and required constant requests for status updates We do not intend to argue with Mussell Construction any longer, our summary of the situation is fully supported with written documentation They are in violation of their building contract and their warranty and have yet to provide any palpable data that suggests otherwise We will continue to pursue the opportunities available to us until Mussell Construction makes right on the situation, this includes an open investigation with the Bureau of Occupational Licensing and soliciting the guidance of an attorney At this point, for the safety of our family, we will settle on nothing less than a sit down meeting with Mussell Construction so that we can figure out an acceptable solution for removing the offset in the flue Sincerely, [redacted]

After three months of insisting that Mussell Construction perform a physical inspection of our wood stove, and their continued refusal, we decided to hire a 3rd Party Chimney Inspector to complete a level safety inspectionWhat was found was that our chimney did not meet code requirements for multiple reasons, the most disturbing of which being that there was sawdust, insulation, roofing material, and chunks of wood left in the support box, an area that is supposed to be completely free of combustible particulatesWe are outraged by the findings of the inspectionMussell Construction insisted that our swas completed to code, even after we experienced a fireFurthermore, the process revealed that the installation was outsourced to another company without us being toldIt was our legal right to know the scope of work that was to be performed and by whomEven more appalling is knowing that Mussell Construction stood by the workmanship of the installation without ever having set eyes on it, before or after the fireWhen we told Mussell Construction of the code violations they responded, saying that it did not appear that any of the violations directly caused our fireAs if the situation was somehow redeemed because no one in my household had yet to be harmed by the myriad of code violations and subpar installation tacticsThey also refused to acknowledge that the inspection found absolutely no evidence of us burning green wood and/or glue laminated wood, a fictitious claim that Mussell Construction has been propagating for three months in an attempt to evade culpabilityThey eventually agreed to a list of items that would be remedied but this list was not inclusive of all of the violationsWe reached out to them on multiple occasions to clarify the scope of work that needed to be addressed but they refused to respondOur last attempt was responded to with a canned email message notifying us that Mussell Construction had blocked our email addressesWe ended up having to reach out directly to the subcontractor to confirm the entire list of violations would be addressedIt was through communication with the subcontractor that we learned that Mussell Construction had not forwarded the entire inspection report to the subcontractor so they didn't know about all of the violationsThe absence of maturity and professionalism that Mussell Construction has shown throughout this process is atrociousEveryone makes mistakes, it's how you recover from those mistakes that mattersMussell Construction made a mistake when it came to the installation of our wood stove, their recovery revealed an argumentative, defensive organization whose pride got in the way of making ethical decisionsThey have treated us as criminals, as if it's our fault that they failed to uphold building standardsThe reality of the situation is that my family was in grave danger as a direct result of decisions made by Mussell ConstructionWe were so lucky that no one was harmed in the first fire but we may not have been so lucky a second timeIf this builder approaches commercial construction with the same disregard for safety as they approached our home construction, then the public should be concerned

Mussell Construction has nothing further to add to this discussion, and no additional responses will be provided to this complaint

We have been in contact with the customer regarding the complaint, which originally was brought to our attention in Spring of 2016 after the customer informed us of a chimney fire in the home we built for them in 2015. They stated that the firemen that put out the fire and...

their chimney sweep had identified the problem as improper installation of the flue. They requested that we replace their wood stove and remove the angle offset in their flue. The angle offset in the flue was installed to accommodate the placement of the stove with the roof structure above. After investigation into the issue, we found that we had followed all of our agreement with the customer, that the flue installation was correct and code compliant, and that the customer had been following poor burning habits that lead to rapid build-up of creosote in their flue and eventually caused a chimney fire. We found their reports of advice about the installation to be fictional, as described below. 
 
We investigated the issue in a number of ways. The installer spoke with the customer’s chimney sweep (who the customer was hesitant to let us contact); the chimney sweep reported evidence that the stove had been significantly misused, that it appeared the customer had been burning glued lumber products and wood that hadn’t properly dried. He mentioned that the neighbors (who he also does work for) had commented on the color and odor of the smoke often coming from the customer’s chimney. He further denied ever telling the customer that the flue installation was improper. We verified that all parts of the installation had been inspected and properly installed. We also spoke with individuals who had been to the site since the customers had moved in, and received reports that their wood pile was filled with freshly cut green wood. 
 
After we reported our findings to the customer, they modified their complaint, stating that we did not follow their directions in installing the flue, based on an email they believe to be direction to install a straight flue. We do not agree with the customer that the communications they sent ever directed us to run the flue straight, in fact there was mostly concern about cost (even specific direction not to modify the trusses for the flue if it would cost extra) and whether to have a mantle behind the flue pipe. Somewhere along the email thread there was an auxiliary assumption by the customer that the pipe would be straight, but that part of the thread was sent to another company, not Mussell Construction – we also don’t think it qualifies as direction for work. 
 
Finally, at the customer’s request, we provided a discount for the customer’s assistance in oversight of the project. Essentially, the customer was paid to make sure the project was proceeding according to their wishes, and if they wanted a straight flue, they failed to catch it at the time of installation. Our superintendent made regular visits to the job site to make sure things were on track and following the contract, but where no specific direction was given to install a straight flue, it would have been up to the owner to make the observation earlier than 3 months after the project was complete.

After three months of insisting that Mussell Construction perform a physical inspection of our wood stove, and their continued refusal, we decided to hire a 3rd Party Chimney Inspector to complete a level 2 safety inspection. What was found was that our chimney did not meet code requirements for multiple reasons, the most disturbing of which being that there was sawdust, insulation, roofing material, and chunks of wood left in the support box, an area that is supposed to be completely free of combustible particulates. We are outraged by the findings of the inspection. Mussell Construction insisted that our set-up was completed to code, even after we experienced a fire. Furthermore, the process revealed that the installation was outsourced to another company without us being told. It was our legal right to know the scope of work that was to be performed and by whom. Even more appalling is knowing that Mussell Construction stood by the workmanship of the installation without ever having set eyes on it, before or after the fire. When we told Mussell Construction of the code violations they responded, saying that it did not appear that any of the violations directly caused our fire. As if the situation was somehow redeemed because no one in my household had yet to be harmed by the myriad of code violations and subpar installation tactics. They also refused to acknowledge that the inspection found absolutely no evidence of us burning green wood and/or glue laminated wood, a fictitious claim that Mussell Construction has been propagating for three months in an attempt to evade culpability. They eventually agreed to a list of items that would be remedied but this list was not inclusive of all of the violations. We reached out to them on multiple occasions to clarify the scope of work that needed to be addressed but they refused to respond. Our last attempt was responded to with a canned email message notifying us that Mussell Construction had blocked our email addresses. We ended up having to reach out directly to the subcontractor to confirm the entire list of violations would be addressed. It was through communication with the subcontractor that we learned that Mussell Construction had not forwarded the entire inspection report to the subcontractor so they didn't know about all of the violations. The absence of maturity and professionalism that Mussell Construction has shown throughout this process is atrocious. Everyone makes mistakes, it's how you recover from those mistakes that matters. Mussell Construction made a mistake when it came to the installation of our wood stove, their recovery revealed an argumentative, defensive organization whose pride got in the way of making ethical decisions. They have treated us as criminals, as if it's our fault that they failed to uphold building standards. The reality of the situation is that my family was in grave danger as a direct result of decisions made by Mussell Construction. We were so lucky that no one was harmed in the first fire but we may not have been so lucky a second time. If this builder approaches commercial construction with the same disregard for safety as they approached our home construction, then the public should be concerned.