What would you do if...

11 years ago

1. You hired a contractor to remodel your kitchen (custom cabinets, granite counters, backsplash)
2. Rather than ensure that everything was done to your satisfaction, left the job the day they received the final payment (amid missing shelves, a missing cabinet door, a major design error, and several other issues due to overall poor workmanship)
3. Acknowledged on more than one occasion that there were serious problems with the quality of work, and promised as many times that they'd schedule a block of time (3-4 days or so) for someone to come out and fix everything that wasn't done correctly
4. Spent a few hours every so often after being presented with the possibility of a lawsuit, each time leaving certain aspects of the kitchen in a state of disrepair, often for weeks at a time.
5. Carried this charade on for almost a year
6. Insisted that they had fulfilled the contract, and anything afterward was a service call - which means that they can work the fixes in at *their* convenience, or cancel on a whim if it suits them

I'm curious as to how people would handle this situation.

Featured Answer

User

11 years ago

Go to Ncphif.org maybe they can help.

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Comments (8)

sushipup1
11 years ago
Post over in the Kitchens Forum for more responses.

Here is a link that might be useful: Kitchens
christopherh
11 years ago
Small claims court.
Your mistake, as I'm sure you're aware, was giving the final payment before he was finished.

I have had to hire contractors and when I do, I present the contract, not them. Good contractors will agree with no problem.
1- I want a copy of their license AND proof of insurance.
2- All work must be done according to local codes and I reserve the right to have an inspector approve it. Particularly plumbing and electrical.
The contract must have a finish date. If he says the job can be done in two weeks, he must complete the work in two weeks.
3- The contractor is responsible for cleanup and removal of debris.
4- There will be no substitution of any product without my approval.
Payments:
One third upon signing of the contract.
One third upon completion and inspection of all plumbing and electrical work.
Final payment only after completion of the job and all debris is removed.
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pprioroh
11 years ago
Depends on cost involved. Clearly too much talking going on. Either sue or walk away.
cearbhaill (zone 6b Eastern Kentucky)
11 years ago
Why on God's earth would you hand him final payment while things were in that condition?

I would kick myself for paying him before it was completed to my satisfaction. Did you do no research? The first thing you see anywhere is not to pay them before things are truly finished.

Your only avenue here is in court and that will be costly.
LuckyJoe
Original Author
11 years ago
last modified: 11 years ago
Thank you everyone for your comments. I realize that making the final payment was not a smart move, but I did so in good faith. I hope to hire another contractor to come in and fix everything, and then take the first contractor to court - it will be small claims, so I won't be awarded the total loss, but at least it's something.

I did plenty of research - even visited the company's facility where they build the cabinetry. They have large displays they use at trade shows, plenty of photo albums to show off their work, etc. At the time their BBB rating was ok, too.

And it's not just that this company did a completely incompetent job on the installation, I've recently discovered that the owner is determined to be as uncooperative as possible since he refused to tell me the name of the manufacturer that provides the door panels and drawer fronts, nor will he tell me how to obtain the color of stain that was used.

I've also discovered how difficult it is to find someone willing to take on someone else's mess. When there's a lot of work available, something like this is like scraping the bottom of the bucket apparently. Live and learn, I guess.
User
11 years ago
Don't beat yourself up over this we have all regretted dicisions

We have made. At least yours can be fixed and as time goes by

You will think of it less. Been there.

Hope you can put this behind you soon.
Andrew atKERR
10 years ago
Luckyjoe: I feel your pain. Dealing with a Contractor who feels they've done enough to get paid can be very frustrating. You may feel like you have no other recourse but to sue. This is certainly an option but, as you have now discovered, you have a custom made product that will be extremely difficult to repair. If this guy has a shop and showroom, he is definitely planning on staying in business for a while. It's very hard to do that if he leaves a trail of unhappy customers. He may need some other forms of motivation to get him talking.

The first thing I would recommend is to appeal to his better judgement. Send a letter requesting a mediation session in his office with a mediator chosen by him. Try to work it out as gentle men. You may not get everything you want but you may find a quick and easy resolve. Write an agreement signed by all parties present. If he fails to follow through on that, you will find it very easy to sue him.

The other thing I might suggest, is searching out his suppliers. He buys sheets of plywood and laminate. You may find a manufactures mark on the hinges or slides install. All the pull-outs and gadgets come from a local company. If you make a lot of trouble with his suppliers, he will feel the pressure and be forced to deal with you.

The other way to get his attention is through review websites like Yelp, Google+ and Homestars. Even the BBB takes customer reviews. A company with lots of negative reviews does not stay in business long. In most cases, only the reviewer can remove the review. This will certainly get him to the bargaining table.