Whom do I blame: GC/KD/myself? (long -- sorry!)

17 years ago

In late 2005, at the beginning of our renovation, I ordered, as part of a major order (tiles, vanities, countertops, faucets, toilets, sinks, etc.) an extremely expensive medicine cabinet from a local retailer/designer.

(Had I been shopping for only a medicine cabinet, I never would have ordered anything so expensive -- I think I just didn't notice because the order was so large, and I was somewhat overwhelmed by the process. My fault entirely.)

Even though the bathroom for which this cabinet was intended was not going to be built in the near future, the designer/retailer urged me to place my order because she anticipated price increases after the new year (2006). I placed the order in December 2005, and the retailer/designer agreed stored the items in her warehouse until I needed them.

Almost a year later, in November 2006, a representative from the warehouse called to see whether I still wanted the items (I had left a deposit, but had not yet paid in full). She told me that if I still wanted the items, she would continue to store them, but that I needed to pay in full.

At that same time, we had finally begun to build the bathroom. The bathroom seemed smaller than I had envisioned when I ordered the medicine cabinet, and I worried that the cabinet wouldn't fit. I discussed this with my GC, and after measuring the space, he told me that it would fit. After that conversation with my GC, I called the warehouse with my credit card number and arranged for delivery.

After the delivery, my GC told me that, as it turned out, the medicine cabinet wouldn't fit after all. I called the retailer/designer, who said that because the order was placed so long ago, the company wouldn't take it back.

So, now I am stuck with an outrageously expensive medicine cabinet that doesn't fit in my bathroom. I'm confident that if I had told the warehouse representative that I no longer wanted it, before having paid and had it delivered, I would not now be stuck with it. If I bring this matter up with my GC, he will be upset, and even if he agrees to compensate me, I'm sure he'll just make up the expense elsewhere.

What do I do now? As it turns out, I could get the same cabinet for substantially less money if I ordered it today from Home Annex or another on line retailer. It's pretty heavy, so I don't think e-bay is an option. I think given the expense, the odds of selling it are low.

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Comments (12)

jennye
17 years ago
In the end, I guess it is the contractor as he assured you it would fit. But I dunno if it is worth bringing up, at least not until he has finished the project. Can you put it anywhere else? Is there another bathroom, office, somewhere else? I suppose if it were me, maybe I would ask the contractor in a pleasant manner if he knows anyone who might like an expensive medicine cabinet. You could sell it on ebay as a pickup only or put it on craigs list. You could ask the store again and see if they could work something out like store credit or a restocking fee, or something. Sometimes persistence works. Point out how much you bought from them. Or in the end write it off as one of the unfortunate circumstances of building/ remodeling.

jenny
rachel_17
Original Author
17 years ago
Thanks for responding, Jenny.
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Wow, what a mess. My heart really goes out to you. We recently fired a general contractor who didn't even start yet!! He became so arrogant during a conversation just before demo began, so I showed him to the door and said goodbye. As it turns out, it was the best decision we ever made. We were set to begin a month ago. Our plans are ready and approved, permits paid and a construction loan is ticking down. With that being said, we instantly received a letter from his lawyer for "damages" to him since he had given up other jobs to do ours, etc, etc. He has turned out to be a sheep in wolf's clothing. I know our story is a little bit different than yours since you are well into the construciton, I just wanted to let you know what you may expect if you fire him now, or try to work with him from this point on. we did the following: 1. Hired a lawyer, pronto. A lawyer familiar with construction and/or contract law is good. 2. Reviewed our contract and compared it against the California State licensing Board contract requirements.As it turns out, he was in direct violation of the board in numerous occasions with his contract. I am sure whichever state you are in, you have access to the licensing board. Call them and explain to them your situation. Get a copy of your rights and what you can do. 3. We documented all conversations with the GC and reported them in the Cal. State licensing board complaint form. 4. We have spent almost 1,000 trying to get this guy off our back, he is demanding 75K in damages. I am hoping our threat to report him to the licensing board will do the trick. My advice to you. 1. Get a lawyer. Review your contract. Review the state licensing contract laws and your rights as a consumer. In most cases, they will call you and the GC in for a mediation board. If this doesn't work, then it goes to court, you against him. Continue to document everything you say and/or do with this person. Try to mediate with him if he is willing to talk to you face to face about the issues, have a lawyer present, document all preceedings. Get your other friend up to speed with what needs to be done so he can begin as soon as you can get the other GC out of the way if it comes to that. Make sure you have a good contract with your friend, follow the guidelines in the state licensing board contract requirements. If I think of more, I'll post them. Best of luck.
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There sounds like a lot of miscommunication here. Did the GC hire the cabinet company, or did you hire them direct? Who did the measuring? Who did the designing? Did everyone get together and step off the design in the actual space before it was ordered? That's all water under the bridge now, but maybe someone else can benefit from your situation. It sounds as though you have several design errors, and then there are several order entry errors. The wrong sink base could have been a design or order entry error (and it really doesn't matter which to you). If the GC engaged the cabinet maker, then it's up to him to make it right. If you engaged the cabinet maker directly with the contractor just doing the install for you, then you (or hubby) are gonna have to yell at the cabinet maker yourself. The bar area will definately have to have some space between each of the end cabinets and the wall. Otherwise, your doors and drawers don't have enough clearance. You shouldn't need more than about an inch or an inch and a half. I usually do 1 1/2" on each end because that's a single 3" filler split down the middle and is easier for the installer. But I don't work with cabinets that are able to be customized width the way your line is able to do. For your case, an extended stile of about 1" is enough wiggle room to be trimmed to the wall. For your hutch area, I have an idea that might be an upgrade for you if you like it. What about using punched tin inserts, to make it look like an old fashioned pie safe. Or you could use some highly patterned opaque glass that you couldn't see through. That way you would be able to go ahead and install those cabinets and not wait on them to be replaced. Just remember: alcohol for the current stress, steel for the spine in the coming confrontation, and patience for this too to pass. Concentrate on the end result as being your goal, and all of the labor pains will be minimized when it's finally over.
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mightyanvil
17 years ago
Buying materials in advance rarely saves money and often leads to the present dilemma. By ordering so early and not relying on design drawings to coordinate the cabinet with the rest of the bathroom you took chances and you should not be surprised that you lost. I would blame the designer who had two opportunities to avoid obvious pitfalls and failed to do so Â a sign of serious inexperience or incompetence in a professional house designer.

If you had canceled the order you would have lost the deposit so the first mistake (buying in advance) only cost you the deposit and the second mistake (lack of design coordination) cost you the rest.
texasredhead
17 years ago
Let's see if I have this right, you are concerned about upsetting the general contractor? Is he paying you for working in your home? HE told you the medicine cabinet would work. Hold his feet to the fire on this one. Hey, GC, you said this would fit so I paid for it. How about you own it for another job! Do you not have a fixed price contract for the job?
jejvtr
17 years ago
I think i would bring it up to the GC diplomatically - and see if he has a solution - he shouldn't be upset w/you, rather with himself -
Craigslist is another option - to list in your area as a pick up to avoid s/h fees

good luck
very frustrating i'm sure -
chris8796
17 years ago
Unfortunately, I would blame you and the designer. You purchased an expensive nonreturnable item and didn't confirm it would work beforehand. Admittedly you tried to confirm it would when you checked with the GC, but somewhere there was ineffective communication or a mistake made (yours or his). These mistakes happen frequently in construction, but the effect is limited because the items can be exchanged.
mightyanvil
17 years ago
You really can't buy materials yourself and then fail to provide design drawings to the contractor showing how they will be installed and still expect the contractor to eat the cost of the materials. Owners have responsibilities in a construction contract too.
kitchenwitch
17 years ago
I don't see why the designer would be responsible in any way unless the reason the cabinet doesn't fit was due to mis-reading the plan at the time the cabinet was spec'd. Why is the actual space so different from the original design?
mightyanvil
17 years ago
If the design drawings did show the cabinet size this problem would be the Contractor's fault. If they didn't show this information this problem would be the Designer's fault. If there was no design drawing it would be the Owner's fault.

Design drawings are the primary method of communication of design intent. Often Owners are not willing to pay for complete drawings. In that case they should expect to pay for the inevitable mistakes.
kudzu9
17 years ago
I'm a homeowner, too, and I can empathize, but I think you're stuck with this. You made a decision that turned out not to be the best in the longrun, and the contractor and you had some miscommunication. Unless the contractor can modify the space, then I don't know that there is a happy resolution. We've all made decisions that turned out less than wonderful, and sometimes it's best not to put more energy into determining who is to blame, or in beating yourself up. I'd be much better off financially if I could turn back time and not purchase a lot of things (special Italian wire shelving, drawers and slides for the kitchen we never remodeled; the Mexican timeshare; the red suede shoes...).

Resolve to move forward and enjoy the new bathroom. Put this item on eBay and note that it's available for local pickup, or advertise on your local Craigslist.
alex399
17 years ago
Owners have responsibilities in a construction contract too.

Ditto what Anvil said... YOU purchased a cabinet over a year before construction started, then you should be on site making sure the plans are correct and the framers know what you need done.

Sorry, but I think you need to blame yourself for this one... Eat the cost, and move on...

I second (or third) craigslist... It's a great place to buy and sell.
elljays
17 years ago
You can also donate it to Habitat for Humanity and take the tax deduction. We did that with a window. The chances of selling it were nil. Habitat doesn't use most donated items, but they do auction them off periodically.

Whom do I blame: GC/KD/myself? (long -- sorry!)

Comments (12)

jennye

rachel_17
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Whom do I blame: GC/KD/myself? (long -- sorry!)

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rachel_17Original Author

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