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doggonegardener

Product misrepresentation? Need advice...LONG

doggonegardener
13 years ago

We are working on our kitchen remodel. We are doing all the work except, we wanted to utilize the many days of available sunlight in our area so we wanted to have two solar kitchen tube skylight thingies installed. Something like a Solatube product. We asked our contractor (we are also building a garage during this time and HE'S doing all that) if he would be able to do these as part of our garage project. As a sort of change order addition to the work he is already doing. He said "no problem". I have a guy that does them for me. They aren't Solatube brand because he prefers the Tru-lite product but yes, we can certainly do them for you. I asked SEVERAL times about a light kit addition for these solar fixtures so that we could incorporate some night time lighting into them and not have to have can lights for night time in addition to the solar tubes during the day. We wanted a product that would do both. Solatube brand has an optional "add on light kit" that can be installed to serve this purpose. I asked repeatedly if the Tru-Lite brand had the same option. I was told repeatedly that they did and that the GC was familiar with them because his guy had just installed several of them on another project. My husband had been unable to find any mention of any electrical lighting option available for the Tru-Lite product on the corporate website so we asked again and were told, no worries. It's an option.

Well, long story short, the fellow came and installed the Tru-lite product. They are super during the day time. Tons of free, natural light in my kitchen. Yeah!

We hadn't had our electrician wire the locations yet so we were not able to check them at night for several days after installation. We finally opened them up to see what type of lamps they took as my husband is a theatrical lighting professional and he was interested in using something with a parabolic reflector built in to avoid shooting all the artificial light right back up the tube and out the roof. We were familiar with Solatube's add on kit and were expecting to find something like this...

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What do we find when we open the fixture????? See below...

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Now, these fixtures were billed to us with installation at $1476 dollars for the pair. I have yet to receive any itemized bill statement from the installer, just the lump bill from my GC. I don't know how much his "optional add on light kit" is worth to him.

Question is, how much would it be worth to YOU? How would YOU feel about this? Am I blowing this out of proportion or am I justified in feeling misled and unhappy about this? I asked repeatedly about an add on from the manufacturer. I told the GC that we had looked online and couldn't find mention of such a product on the manufacture's website. It was never disclosed to me that this "optional add on light kit" would be a hobby kit for a table lamp from the hardware store...complete with handy in the ceiling fixture toggle thumb switch for those times when you forgot to turn the fixture off at the switch but you are already at the top of the ladder to change the light bulb. There was no disclosure of any kind.

What would YOU do? Say? I am dying to know. He comes on Tuesday to adjust some of the tubing. Our GC knows we have issues but the installer does not (unless the GC has mentioned it to him).

Comments (13)

  • cienza
    13 years ago
    last modified: 9 years ago

    Here's what I'd do: I would pull out my written agreement from the contractor immediately and point out to him where it clearly states exactly what I wanted and how what he put in is not the same thing. If my written agreement did not clearly state exactly what I wanted, I'd not pay another dime to him without an amendment or addendum to the written agreement I had. It is my responsibility to communicate to the contractor exactly what I want and what I'm paying for it. I might think it was the contractor's responsibility, but since he's not paying the bill, I'll take that to ensure my satisfaction.

  • formerlyflorantha
    13 years ago
    last modified: 9 years ago

    I'd send a second copy to the Attorney General of my state and cite this on the original letter.

    We also have a "watchdog" feature in local newspaper, if I needed to publicize the problem in a different way, should all other options not work out.

    Be sure to include a pamphlet showing Solatube's product features in your letter.

  • morgne
    13 years ago
    last modified: 9 years ago

    I've reread this a couple of times and I'm going to say I'm not sure there is an issue yet unless I'm reading it wrong.

    None of them have been installed yet, right? So it's just a matter of letting them know that the opened product looks cheesey and you want to make sure it's going to look good installed. So have one set completed to see if it's going to look good.

    There may well be other pieces that are going to be added at time of install such as the bracket. The actual item doesn't seem all the different, just incomplete.

    It seems like you might just be jumping the gun.

  • Circus Peanut
    13 years ago
    last modified: 9 years ago

    From what you describe, the subcontractor who installed the Tru-Lite tubes is not your regular electrician, right? I'd get my electrician in there pronto to take a look - have him speak to the GC or his sub to find out exactly what they were thinking.

    I think it would be best in this scenario to have your electrician intervene, since he's the one supposed to figure out the installation. That way a direct answer will be forthcoming, rather than the tube installer continuing to defer the issue when you ask. (The electrician saying "You got the wrong part, this is a table lamp kit and I need a Model Y78-9a Tubular Transmogrifier with atomic flanges -- please provide it or explain why you didn't" will carry more weight than the homeowner saying "This piece here doesn't look quite right to me ..", ya know?)

    Good luck!

  • doggonegardener
    Original Author
    13 years ago
    last modified: 9 years ago

    Ok, I was not clear enough for everyone. I can see that now. Here's the skinny.

    The installer is a skylight company. The electrician ran the lines and installed the junction boxes to the vicinity of the solar tubes way before the installer was here. The tubes and lights HAVE been installed. That lamp bases, with switches (aren't they pretty), were in my ceiling inside the tube fixtures until my hubby took them out because we feel they are unacceptable.

    These fixtures are NOT Solatube brand products. The Solatube product photo is a comparable product. It was the "type" of product that we described and showed to the GC when we were asking about having these done. The fixtures we got are a strictly solar only tube fixture made by a company called TruLite. The installer made his own "add on kits" from lamp base parts he purchased at the hardware store. The electrician thought they were crap too. You could tell by the look on his face.

    It's not really an issue of contract that I am asking about here. What I really wanted to know is if I am the only person that sees a significant difference in the quality of the product that was provided. I see a large discrepancy between a UL approved add-on type accessory kit created by a solar/skylight/lighting manufacturer and a home made, parts from the hardware store, science fair sort of assemblage created by the installer to save a few bucks.

    Is it just me? Would you be happy if you opened the light in your ceiling after installation to put in a light bulb and this is what YOU found? That's what I am asking folks here. I guess I just want to know if anyone thinks I am overreacting here.

    Sorry I don't have a picture of how that lovely switched lamp base was hanging out of the shiny tube in no particular direction but like I said, my hubby was not happy so he already scrapped the table lamp kits out. They are currently on our kitchen counter waiting to go back where they came from.

  • weedmeister
    13 years ago
    last modified: 9 years ago

    I think I would need to see it installed in order to pass judgement. That, and how much was charged for it.

    My second question would be for the electrician: would this pass code? Was the installer going to hard-wire this into the electrical box? Or was he going to use a plug? My guess would be that it would not pass since neither the socket nor the wiring would be correct for this use.

    Thinking more about it, I think I would have said something like "WTF!", torn it out and then gone to the store a bought something better and put it in myself.

  • doggonegardener
    Original Author
    13 years ago
    last modified: 9 years ago

    Weedmeister,

    That's EXACTLY what my hubby said. That's why they are currently laying on the counter waiting to go back. They ends of the lamp cord were to be wire nutted to the lines in the junction box.

    I should have taken pics before darling hubby got to it. He's just a go getter and once he took one look they were coming OUT.

    Don't know what the lighting part came to in terms of what fraction of the total install and materials was the "add on lighting kit". As I said, I haven't seen an itemized bill yet.

  • Circus Peanut
    13 years ago
    last modified: 9 years ago

    Will the Solatube bulb addons possibly work on these Tru-Lite tubes? If so, demand that they be purchased and installed. If not, I'm afraid it sounds like you might have to push the issue and get them to take these out and install the Solatubes plus addons you originally asked for.

    Those lamp kits cost around $1.79 each, as I'm sure you're aware. Definitely a case of very poor judgment on the part of the sub/GC. That can't seriously be up to code.

  • marcolo
    13 years ago
    last modified: 9 years ago

    Article 400.8 USES NOT PERMITTED. Unless specifically permitted in 400.7, flexible cords an d cables shall not be used for the following:
    (1) As a substitute for the fixed wiring of a structure
    (2) Where run through doorways, windows, or similar openings
    (5) Where concealed by walls, floors, or ceilings or located above suspended or dropped ceilings.

  • Shelley Graham
    13 years ago
    last modified: 9 years ago

    doggone - Tell your GC that the Building Inspector must approve the installation before you will pay. Be there when the inspector is on site to check it off, and be sure to point out that there is no UL rating for this use. I can't imagine that you could get a final electrical approval with this hokey configuration in place.

    Have you checked with Solatube to see of their light kit is compatible with Tru-Lite? Might be worth a visit.

    Good luck!

  • John Liu
    13 years ago
    last modified: 9 years ago

    Refuse to pay anything for the not code compliant, not manufacturer's kit, and generally bogus lighting. As in, $ zero.

    Tell your contractor you are going through all of his bills, past and future, with a fine tooth comb to see how many other frauds like this he has slipped by you. He can start by providing the originals of all receipts for materials purchased for the job.

    In general, I think you should now make the relationship with your contractor very unpleasant.

  • morgne
    13 years ago
    last modified: 9 years ago

    AH.

    Okay. I'm with ya now. Yah, I'd bring it up with the electrician. I thought that was just the little kit that came with them! DOH.

    Some mornings it doesn't really pay to get out of bed.

  • weedmeister
    13 years ago
    last modified: 9 years ago

    That's why I wait until noon.