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brownpig1

Can i be forced to pay a bogus line item?

8 years ago
last modified: 8 years ago

I had water damage in my kitchen which resulted in my insurance company replacing cabinets. I signed a contract with a restoration company to do all of the work. Then we agreed (in email) that I'll get my countertops and flooring done on my own because i wanted to upgrade them both. I had an allowance for cabinets which were previously MDF and an allowance to paint them because i had painted mine. When the cabinet guy came out for measurements i made it clear that i wanted my kitchen back the same with no upgrades. I wanted to stay within budget of the allowance given. If i pay extra for anything i want it for my countertop and floor. So the cabinet guy opened a book for me to choose door styles and left me door samples to decide my color. Long story short they installed a maple stained cabinet. I NEVER discussed the material...only the color and door front. The project mngr with the restoration company kept agreeing with me all along that we're removing the countertops and flooring from their scope of work. Also because i chose a cabinet that won't need to be painted that the "paint allowance" would be a line item removed from their scope of work so i would have that to go to my flooring too. NOW I'm realizing they installed this maple and saying i chose a much better cabinet. First of all I'm clueless with cabinets and only knew that i had MDF. I never discussed material when the cabinet guy came out other than him saying MDF is rarely used anymore. I told him clearly "i don't want to go over the allowance". Again he told me to pick the door style and color. NOW the project mngr tells me that the paint allowance will not be a credit item and that it goes towards me getting the color i want. Every now and then he'd make comments about having to supplement for the cabinets i chose. I never responded to those comments and got quite irritated when he brought it up. My thoughts are....if you're in budget with the allowance i have nothing to do with any of that. Now I'm thinking i shouldn't have to pay a line item for "painting cabinets" if you didn't paint. I see now that they want me to help offset the error of putting in more expensive cabinets. Going back to the cabinet guys visit i remember him saying your choices should all be in budget but then he said if it's more than the allowance we go to the insurance company and you don't get bothered with any of that. Sooo should i or do i have and grounds to fight for my $780 paint allowance? I feel that I'm being forced to pay for something that i never asked for which they knew was outside of the allowance but didn't tell me until after they installed them. Again i knew NOTHING of materials or quality of the cabinets until after the install. They say it's a better cabinet than what i had which is a matter of opinion because they seem a little more flimsy to me. So about my $780?? Sorry to be so long and for some reason i can't go back up to edit or spell check this message so i hope you guys get what's going on here.

Comments (11)

  • PRO
    8 years ago
    last modified: 8 years ago

    Does the cabinet order/door order or WHATEVER was installed, bear your signature? If so...............you have TROUBLE, my dear.

  • 8 years ago
    last modified: 8 years ago

    No signature, in fact I've never signed anything other than the initial contract with the restoration company. When i chose the door style and color he requested that in email so he could order. I promise there was NEVER a discussion about material. Every conversation was about staying within the allowance and me getting the $780 allowance/line item to paint removed from their scope of work since they didn't have to physically paint. I do need to make a correction...he told me 5 days b4 install that i wouldn't get that line item removed because it's all a part of me getting the color i wanted. The conversation about material didn't come up until after the install and i had an issue with the color. Then he said i picked the maple which was over budget and that's what happens when they have to be stained..it could be different. That's when i went off thru email that if they were out of budget that's on them because I've been very consistent with the budget. I told him that was between him and his cabinet guy!!! I may be ignorant but I've never known anything about cabinets materials or quality and never had an interest. The only reason i knew i had mdf is because i took a pic of a damaged door to Sherwin Wiiliams and Lowes looking for paint they told me.

  • PRO
    8 years ago
    last modified: 8 years ago

    No signatures either way? No E signature, you to him or vice versa? ? It's he said , she said all day long and "I thought you thought and I believed what you said. or implied and you lied /misled me and god knows what else. ....

    "When i chose the door style and color he requested that................" the operative word is chose. He has AN EMAIL and it reflects your choice. And you let him install them. A he said /she said color, material etc.......?

    "he told me 5 days b4 install that i wouldn't get that line item removed because it's all a part of me getting the color I wanted" ???!!!


    Getting thee to bleeding heart judge in small claims court is your only hope. Otherwise, the legal chase of 780.00 will cost you ten times that or more. All the rest of the story matters not.It was CHAT. And about as legally substantial.

    Signed, and sorry : ( Judge Jan

  • 8 years ago

    No e signatures...all thru email/text tho...and very consistent with "stay within allowance". The cabinet guy left 4 door styles each a different color..when i was told to email the door style and color...still no mention of material. I told him i wanted the raised panel JUST like i had. He told me that i needed the exact name off of the door sample the cabinet guy left. After i gave him the name then he called back and said i could only get the Plymouth. Which again i didn't understand that because when the cabinet guy left them he said they were all in the same price range. But now thinking about it maybe that was a way to get more money out of me to offset their error-still not mentioning to me that there was a difference in cost at that time. But no signatures just emails and text always stating "stay within the allowance". On the most recent bill it shows that money still as "paint cabinetry"..so to me that's to cover up something. Why not removed that line item (since you didn't paint) and have it totaled with the cost of the cabinets...i know why - so that i wouldn't catch that they were using a more expensive cabinet.

  • 8 years ago

    Very frustrating...i guess this is one where i should pick my battles. But they're making me pay for their error and it's disgusting. They clearly took advantage of my ignorance even though i clearly said/emailed/text to stay within the allowance! Our conversations clearly and repeatedly mentioned me getting back the $780.

  • PRO
    8 years ago
    last modified: 8 years ago

    You are missing the point! You let him INSTALL that which you chose. You did not ask for the specific total price of the cabinet you were installing, and hear 779.95 more than your insurance allowance in answer!!! . "Stay within the allowance"? ? That is email CHAT. You let the cabinetry be installed. Pay up is going to be the result.

    The entire episode, really has nothing to do with anything other than you didn't want to spend a nickel more than an insurance claim "allowed" you, you ASKED nothing regarding the cabinetry, expressing only ignorance to even the actual price. End of story. Nobody ever got "full replacement wonderful" on an insurance claim btw....

    Best thing is to move on, and accept your two "errors".

  • PRO
    8 years ago

    This is how insurance companies make money. They nickel and dime every claim then drop you for making one.

  • 8 years ago

    oh yes,,,just wait until you see your new premiums.

  • 8 years ago

    brownpig1, I sympathize with your frustration. It really sucks when misunderstandings happen. My advice would be for you to consider this a $780 lesson learned. Stress and anger can really cost you a LOT more than whatever payback you may be (but unlikely) able to wrest from the restoration company. Now you know (1) never to hire that company again, and (2) more about cabinetry than you did before. Again, I can sympathize with how you feel and I KNOW it's not easy to let it go, but it honestly is in your best interest to do so.

  • 8 years ago

    Everyone is right in the fact that you allowed the cabinets to be installed. Your insurance company gives you "replacement" value on damaged items. Have you spoken to the owner or manager of the cabinet company? Perhaps they will give you a discount on the difference since you aren't happy. Also, I don't understand how the insurance money the company received as to be applied to specific things. I just had my roof replaced and I didn't have line items for shingles, nails, decking, etc. They gave the insurance company an estimate and they (insurance) paid it. In hindsight don't agree to anything until you have a total amount and have seen the product to be installed. Hope you get this worked out.