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dorothy_oahu

My dream kitchen has turned into a nightmare

dorothy_oahu
13 years ago

I could have posted these earlier but I have been so disappointed and depressed I didn't even want to look at these.

I hired my neighbor's nephew (contractor) because he had done several things to their house and it looks so nice. We have been neighbors for over 23 ears, She asked them to give us a discount which I did not know about. He and his brother constantly brought that up and whined about how it cost them money because they installed new electrical plugs, rocker switches and plates.

I'm sorry but I didn't know about that. I just asked for a price and he gave me one so that's their fault.

He did add more for the cost of pull out shelves on 2 bottom cabinets and one side of those did not move at all which they fixed ~ BUT one of the things I told him from the beginning was that I really wanted a pull out pantry or pull out shelves in there. Those never appeared ~ just shelves. We also talked about installing ceiling lights. When they were almost finished I asked when the ceiling lights would be installed. He flat out LIED to me and said we never discussed lighting! We had at least 3 times but it wasn't in the contract.

That was a big problem, too. I asked for an itemized contract but when they didn't provide that I asked again for a very explicit itemized contract listing the cost of cabinets, granite, disposal, sink, etc. etc. Everything. I just got a copy of the first contract. I asked again and they said, oh, sure we'll bring you one but we never got that.

They had 2 of their guys come out and start demo and installing the cabinets and a couple of days later a painter. They also installed Pergo Koa flooring in the kitchen, living/dining room and hallway. They finished in about 10 days. When I started checking things closer I felt sick. My DH is so angry.

I am 69 and have poor vision ~ legally blind in my left eye and not real good in the right. My DH is 74 and he could do all those things but he has emphysema so bad he can barely breath from all those years of smoking. He really wanted to give me a nice new kitchen after living here 23 years and over 44 years of marriage and one we could leave to our daughter.

I talked to them on the phone and sent an e-mail with some of these pictures and never heard from them. My daughter went to their office and tried to explain how upset we all were but they just insulted her and us and the brother told her he NEVER wanted to talk to her again since their contract is with us. She did not get nasty or anything and I had told them a few times that the house will be our daughter's house and she would pick the color of paint and the granit and whatever else she liked.

One of the first things we complained about when they first started was they installed the granite backsplash that was too wide. They just cut off the bottom of the electrical plates and said they did that all the time. They never consulted us about that. As the two brothers left the brother turned his head and said, "That's what you get when you live in cheap tract housing."

We filed a complaint with the BBB after calling them and telling that 4 drawers weren't working and he said he would be out the first on the week. Well, after a couple more calls to his voice mail I still haven't heard from them in over two weeks.

I've lived in a lot of houses in my 69 years and especially after I married my DH and moved almost every 3 years while he was in the Air Force, mostly in base housing. These "Superior all wood cabinets" are worse than any I ever had. here's a lot of nicks and scrapes and I think most of them may have been from his crew ( except the ragged edge over the stove. Looks like I shopped at a Scratch & Dent sale or Goodwill.

Something heavy dropped on granite & damaged in 2 places. They put resin in the big one but the corner edge of granite still has a hole.

Four drawers don't work; three hard to pull out or push in & make clunking noise & on the 4th the bottom is not attached to the warped back of drawer. The left pantry door is warped & doesn't close properly.

My DH went to Home Depot yesterday and fixed the three drawers himself. Now today another one is stuck.

They refused to cut holes for dishwasher plumbing. They argued on phone when told the space for the dishwasher was too small because of the floor molding & infuriated the installer when he told them it was their job to cut the holes for the water tubing. I had to pay extra to have hole cut & incomplete plumbing installed & installer had to come back the next week. They said they would charge me $200 to come out & cut a hole. I feel they did not live up to their contract which says "provide all necessary plumbing & electrical".

The space for refrigerator was made to "fit like a glove". Installers refused to put it in because it would damage the wood. It needs 2" for proper ventilation & it does scrape the wooden enclosure. That will shorten the life of new refrigerator.

The range installer had to come back because there was no outlet for it.

Here are some pictures in Picasa. if you click on hem they will get larger or click on Slideshow for full screen sized pictures.

Here is a link that might be useful: Pictauares o untended f dent and scratch kitchen

Comments (47)

  • baileyandbella
    13 years ago
    last modified: 9 years ago

    I don't have any advice .............but wanted to give you some
    (((((((((((BIG HUGS))))))))))))

  • phoggie
    13 years ago
    last modified: 9 years ago

    I am SO sorry for you....I think I would have the "neighbor" come see it and then an attorney!
    This is such a mess.....BIG HUGS!

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  • rookie_2010
    13 years ago
    last modified: 9 years ago

    I am also SO sorry for you!
    You've done the right things so far and were very wise to take the pictures you took. The cabinet finish is unacceptable. I hope you're able to get advise from an attorney because I believe it would be the next logical step, although I'm no expert. Most people will always recommend that you resolve things as amicably as possible to get them to finish the work but it sounds like you've tried to do that already and maybe you don't want these jerks to come back anyway.
    Again, I'm so sorry for your trouble and hope you find a way to have the work finished right.

  • wickedgrace
    13 years ago
    last modified: 9 years ago

    I am so sorry! Everything that you picked out is so beautiful, i hate that it turned out this way. You need Holmes on Homes to come in!

  • hellonasty
    13 years ago
    last modified: 9 years ago

    I am so sad to read this! Best of luck, I wish I could come help you. Definitely get in touch with Holmes on Homes!!!!

  • paintergirl94
    13 years ago
    last modified: 9 years ago

    That is heartbreaking. If you were closer, I would send my husband to fix everything for you.

    You do need Holmes on Homes.

  • desertsteph
    13 years ago
    last modified: 9 years ago

    that's such a bummer! does your state license contractors? call your state office (try 'registrar of contractors') and find out if this bz has a license. if they do then you can file with them to recover cost of things undone/done wrong most likely. you'll probably have to go to a hearing board about it.
    I'd let the neighbor know how bad it is - and how rude they were. and how you'll never recommend them to anyone - but will warn people away from them...

    did they pull a permit to do this work? if not, i'd call and see if one should have been pulled. I'd think you'd need one.

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

    Thank you for you sympathy. My DD and I are thinking about an attorney. My friend said to also contact the board of licensing for contractors and another place.

    I didn't really want to rant to my neighbor but I did say we weren't happy with some things and the four drawers that didn't work. She hasn't come over yet. She just said, well, you'll have to take that up with him but he is a very honorable man and will make it right. There s a one year warranty on everything and all work. I did want to give them a chance to respond but this is ridiculous.

    My daughter wants to make a sign and picket their place or tape pictures to their windows. I want to make another web site so people searching for their name will see them or even just go to their office with pictures and confront them. My daughter posted a few pictures on Face Book.
    My "cheap tract house".
    {{gwi:1955509}}

  • ebean
    13 years ago
    last modified: 9 years ago

    i'm sorry. try to find the consumer reporter in your town and send what you wrote above to them. and then send it to any other news stations that have a consumer advocate.

  • weedmeister
    13 years ago
    last modified: 9 years ago

    Were these custom cabinets or bought from a store?

  • flwrs_n_co
    13 years ago
    last modified: 9 years ago

    Dorothy, I'm so sorry you've had such a miserable time with this. My only advice is to sit down and write down all the conversations you can recall with them and also when you've tried to contact them. Keep records from here on out on everything that is said. They may not be admissible but will help you to accurately remember details if this would go to court. I hope when your neighbor sees this shoddy workmanship she'll get after her nephew to do the honorable thing and do the work right--if he even knows how to!

    In the meantime, >> and lots of positive thoughts coming your way!

  • pricklypearcactus
    13 years ago
    last modified: 9 years ago

    I am so sorry for how these horrible contractors have treated you. You do not deserve it. Your home is lovely. I especially like the wrap around decks that must be wonderful on summer evenings. I think the materials you selected for your kitchen are lovely. I'm sorry that I do not have any advice or suggestions, but I truly hope things can be resolved.

  • beckysharp Reinstate SW Unconditionally
    13 years ago
    last modified: 9 years ago

    Dorothy, I'm so sorry to hear this. I think your idea of an attorney and a website are great, so is getting in touch with the local TV consumer reporter. Also, from your photo account, I saw the name of the company, and found they have a BBB page, so I think you should get in touch with the BBB through their web page, which I've linked to below. Also,

    http://hawaii.gov/dcca/dcca/quicklinks/file-a-consumer-complaint.html

    Good luck and I hope things improve soon for your family,

    Becky

    Here is a link that might be useful: BBB review page for Design Group

  • dianalo
    13 years ago
    last modified: 9 years ago

    I agree with all the advice above, especially about hiring an attorney. Of course, you want one who handles cases like this and comes recommended. The only thing worse than now would be to hook up with a bad attorney....

    I also think you may have a cause against the cabinet company. I am sure much of the dings and scratches were from the installers, but the drawers should not be warped and the finish is scuffed in more than one area, so could be a manufacturing flaw.

    While your neighbor probably had no clue they would do this to you, I would ask her to come see your kitchen and listen in when you call them the next time. She needs to hear for herself how they talk to you and/or that you are leaving messages that go unanswered. I would tread lightly with your neighbor because it sounds like she tried to do right by you by asking them to give you a good price. I just think that maybe if she knew the extent of it, she might be able to shame them into doing right by you or at least never recommend them again.

    I wish I lived near you so I could kick them in their behinds on your behalf. I think you need to be vocal and persistent and you will prevail. I am sorry you had to deal with this stress, but living with these results and being taken advantage of would be more stressful than sticking up for yourself. Just lean on us here if you need to vent or feel understood. We are pulling for you!

  • steff_1
    13 years ago
    last modified: 9 years ago

    I'm really sorry that all this is happening and someone should not take advantage of you as this person is doing. Unfortunately this is happening to you and we have to deal with the situation as it is. What you have is a contract based on "reasonable" expectations and code compliance. This can be interpreted either way. Right now they are defining what is "reasonable" and we have to change that by showing that his definition does not meet your requirements.

    First, you need to put everything that needs to be done in writing. This is called a punch list. Send this to them certified, signature required. When you send this, include a deadline to complete the punch list. Be willing to negotiate. Some of the things you wanted, such as a pull out pantry will have to be set aside. The lighting should be included because it's reasonable to expect lighting of the type you requested. Make it their problem that they did not give you a specific contract as you requested.

    You must put everything in writing from now on. This is very important and is the only way for you to preserve your options. By making these requests in writing you begin a process that puts you on the road to getting this resolved. Without a request in writing that they finish the work you will not have anything to give an attorney or any authorities that get involved. You may find hiring an attorney is very expensive so you should try to work with local authorities first. Do check to see if there is an attorney that will assist you for free though.

    Did your contractor pull a permit? This amount of work clearly requires a permit. First, you need to make sure that any work done meets code. In writing request your contractor provide a copy of the permits and the dates of the inspections. If any work does not meet code, then he must return and bring it into compliance.

    Some of the things you need to put on your punch list. That backsplash with outlet covers cutting into it is not acceptable. No one does that, and he needs to fix it by moving the outlets up and replacing any damaged granite, including the other holes he made. They need to refund the money for plumbing and electrical because that should be under contract. They need to come back and repair all the chips and dings in the cabinets and make all cosmetic repairs so the cabinets look new.

    I do hope this list of things to do has helped you. Please keep us informed on what else you need.

  • shelayne
    13 years ago
    last modified: 9 years ago

    Oh, Dorothy, I am so sorry! ((((BIG HUG))))

    Even standing across the room, those outlets would stand out like a neon sign! NOBODY does that--well no professional would do that! That is totally unacceptable!

    UGH.

  • vampiressrn
    13 years ago
    last modified: 9 years ago

    So sad...the work is totally unacceptable. Seems like a lawyer is the only way to go. Better not do anything publicly to irritate the situation though. I had a job by a friends friend and the whole thing can get so uncomfortable. Hang in there, don't give up. hugshugs

  • Sharon kilber
    13 years ago
    last modified: 9 years ago

    First contact the Register broad of contractors. If they are license, they will take care of things. If you, have their license #, you can put it in on the site, and it will tell you, if they have ever had any complaints against them. If not license, I, would think they are if they belong to the BBB. Iam sorry this happen to you, but hiring a relative, or friend, makes a person feel more secure. But any one you, are paying money to they should be checked out. The first time, they did not give you, what you, ask for you, should have ask them to stop the work, until they did. If you, have to, have a lawyer, write them, a letter. That might wake them, up. Do not give up, you, deserve better then what they gave you.

  • breezygirl
    13 years ago
    last modified: 9 years ago

    I feel so badly for you. I cannot believe they think this type of horrible work is acceptable. I'm sorry their poor quality of work, but especially for the way they are treating you. I also think you should contact a consumer reporter. I know around where I live I'm always seeing stories on the local news about some poor, sweet person getting the shaft on some deal or another. That usually scares the perpretator into action.

    It sounds like Steff knows what she's talking about. Not only should you sit down tomorrow and write down your recollections of any conversation you had with them, but do the rest of your corresponding with them in writing. Certified, receipt-requested letter.

    And "Make it their problem that they did not give you a specific contract as you requested."

    Please let us know how this turns out for you. People all over the country are pulling for you!

  • katsmah
    13 years ago
    last modified: 9 years ago

    Steff has given you very good information. Everything must be in writing.

    I hope you can get a good resolution. No one should have to deal with this.

  • kitchenkrazed09
    13 years ago
    last modified: 9 years ago

    I also am sorry that this has happened to you. It is frustrating to read that you have been treated so poorly. All we can do is offer you our advice and support.

    You can resolve disputes in a few different ways through the Better Business Bureau without having to hire an attorney. Depending on which way you choose to attempt a resolution, you may still bring a lawsuit against the contractor if you should happen to lose your case through the Better Business Bureau or if you are unable to come to a resolution. I am including a link below which describes the various BBB dispute resolution services.

    If you should need to go forward with a lawsuit, you may be able to bring a small claims case on your own without the need for hiring an attorney. If you do hire an attorney and must proceed with a court case, make sure the attorney includes a request for reimbursement of attorney's fees, court filing fees and any other costs to you to bring the lawsuit.

    I don't want to point out another problem with your kitchen, but I think it's important to bring up in your case and it hasn't been mentioned yet. I know some granite countertops are installed with plywood underneath, but I don't believe you should be able to see the edge of the plywood under the granite. In one of the photos, I noticed the exposed plywood edge alongside the granite, so you may want to add this to your list or letter to the contractor.

    I think you made beautiful choices for your kitchen. I hope this is resolved quickly and that you have your dream kitchen in the very near future.

    Here is a link that might be useful: BBB Dispute Resolution

  • smiling
    13 years ago
    last modified: 9 years ago

    Why not invite your neighbor of two decades over to see the product delivered by her recommended contractor? Then ask her for suggestions how to deal with the issues with her nephew. How did she get such good work out of them on her house. (BTW, are you certain that they actually did the work (that is, you saw them there for yourself), or is she just telling you that they did?)

    You certainly didn't create this mess, but you're still going to have to deal with it. I agree with all above who've urged you to sit down with pen and paper and write down everything you can remember from the first conversation onward. And I think you're going to have to see a good lawyer if you want to put pressure on them. Given your ages, maybe your state has a program to help older citizens who've been taken advantage of. Have you thought of calling your local elected representative's office, one of their jobs is to look after your interests and concerns. (You can be pretty sure that getting a politician on your side will help get some media attention and pressure on these unsavory "contractors".

  • mountaineergirl
    13 years ago
    last modified: 9 years ago

    wow! I feel so bad for you and my blood is boiling just reading about it - I can't imagine living through this! Sounds like you got some good advice here about writing down everything and getting an attorney.

    Like kitchenkrazed I do not want to point out anything else to add but something did catch my eye. The pics of the garbage disposal shows PVC pipe that looks like an accordian (can't spell) I would think food particle/grease etc could get caught in that an build up over time - creating a real mess. I would want that pipe to be smooth myself, but just my opinion.

    Hope you get this resolved. It will probably take some time and patience. Yeah I'd get Holmes on Homes too!

  • bestyears
    13 years ago
    last modified: 9 years ago

    What a nightmare, ugh. I know that hiring an attorney seems like the logical way to go, and it is annoying as he*&&* that this guy is just walking away from this and not facing up to the consequences of shoddy work. But...... honestly, do you WANT him back in your kitchen doing more work? Is he even capable of quality work? It may be better to find a truly great, reputable contractor and find out how much it would cost to fix the things that annoy you most. The electrical outlets, the drawers that don't work, the end pieces on the cabinets, things like that. It's possible that it wouldn't cost anymore to fix it than to hire an attorney, and you would have your kitchen the way it ought to be.

  • lazy_gardens
    13 years ago
    last modified: 9 years ago

    Dorothy - Please file a complaint with the Hawaii Registrar of contractors.

    Also, most TV stations have a "consumer reporter". Call the most popular station in your city and ask to talk to the consumer advocate. Tell them your problem and ask if they can help you. Usually the naming and shaming gets the business to do it right.

    And LURKERS ... Never let a contractor lift a hammer until you have a detailed SIGNED contract that covers everything they will be doing, including make and model #.

  • adh673
    13 years ago
    last modified: 9 years ago

    Do they have insurance? Were they licensed and bonded? If I were you, I'd sue them.

  • kitchenstumpt2
    13 years ago
    last modified: 9 years ago

    Oh, Dorothy! Honey, I am so sorry. We all are. Please, please follow the great advice you have been given. Print this all out and decide the best way to proceed.

    I think this is just plain unacceptable and I too, am wondering if your neighbor REALLY used this guy! Did you mail a copy of these pictures to the contractor? *SURELY* he would see the errors.

    How can this guy sleep at night?

  • steff_1
    13 years ago
    last modified: 9 years ago

    Some more thoughts...

    All of you studying those photos for problems, keep on going! We need to get that list as detailed as possible. The longer the list, the better. You can always drop some items in negotiation, but it's really important to get everything you want in the first list.

    Realistically looking at the problems, we are not talking about tens of thousands of dollars here. If you can find a way to resolve this without hiring an attorney that would be best for getting the kitchen you want with minimal expense and time spent. The amount of money you are looking at should be within that allowed in small claims court. If you do not feel comfortable speaking for yourself, you can authorize your daughter to speak for you on this matter. You can find forms for this online and get it notarized at your bank for free.

    Send the contractor a list with a deadline and confirm they have received it. Then document every little thing, names, dates, times. This may sound stressful, but in the long run it will be less stressful than living with this mess or even hiring an attorney. Get your daughter or other family and friends involved. Let your neighbor see this mess and ask her to help in the resolution. It is tempting to try to "go after" these guys and make them pay, but that is very hard to do in reality. Getting a court ordered settlement and actually collecting (which is another matter entirely) could take several years.

    You may not want these "contractors" in your house again, but you might have to put up with them long enough to get what you want out of this deal without spending too much more money. If you can, have someone there with you to watch over them and intervene if there is a problem.

  • pinch_me
    13 years ago
    last modified: 9 years ago

    If there were a prize for worst kitchen install, you would win hands down. That is just awful!

    I had to resort to BBB for a heat pump issue with Amana. It was a miracle. Suddenly the Amana parent company was calling asking what they could do for me. Ha! Before the BBB got involved I had snotty people telling me it wasn't their problem. I'd go that route first since it's free and then probably the lawyer. Those outlet and switch covers would drive me insane! Ditto the granite install. Maybe point out to them you might be blind but those beat up cabinets are so big even you can see them! BTW, did you buy the cabinets or did they? Maybe they bought seconds or irrigulars or whatever they would be called?? Culls? If you bought them, I'd contact the company with those pictures.

  • User
    13 years ago
    last modified: 9 years ago

    First, I am so sorry. I agree that you should complain to the contractor's license agency in your state, and try places like the BBB or consumer reporter at your local media which may help you for free. If your neighbor would be willing to help, that would be nice as well.

    But, honestly, attorneys are expensive and courts are slow. Even if you win, the contractor can declare bankruptcy, close up shop, force you to place liens on his property for payment, etc. and otherwise make things difficult to collect. You may want to get a bid on repair work from a more carefully chosen contractor and compare that to the (dollar and emotional) cost of filing suit and going to court.

  • Sharon kilber
    13 years ago
    last modified: 9 years ago

    I, showed my husband, who is GC, your pictures. He saw the one of the electric sockets, cut off. He, said you, got to be kidding. He, said you, should call the Reg broad of contractors. The BBB, cannot do much but take your complaint. He, said a lot of contractors, do not have any pride, in what they do anymore.

  • dyno
    13 years ago
    last modified: 9 years ago

    Pictures say a thousand words. There's no easy way out but be strong and know you are in the right. Their workmanship is an affront to trained monkies everywhere.

  • creative_glo
    13 years ago
    last modified: 9 years ago

    Wow. My heart goes out to you and I hope that someway you will find yourself a way to resolution. I know that we are hard-core DIYs in this forum which is great but everyone please consider that a few bucks could be well spent by working through a design professional so that you have someone who is familiar with the process to be your advocate if necessary. I am a professional kitchen designer with a certification from the National Kitchen & Bath Association and I would be happy to lend an ear and give you my honest opinion for no charge if you would like to email me. kitchensforliving@gmail.com

    Here is a link that might be useful: Kitchens for Living

  • Gena Hooper
    13 years ago
    last modified: 9 years ago

    No advice, but I'm so sorry for what you're going through. It must be so horribly stressful!

  • gsciencechick
    13 years ago
    last modified: 9 years ago

    I am so sorry to see this so-called professional work. Are these new cabinets that they damaged? They look like they were pulled out of somewhere else.

    We are not in your state, but if you go the legal route, you need an attorney that specializes in real-estate litigation. DH has helped out clients with things like this and gone before the state contractor board.

    You've gotten some great advice here.

  • boxerpups
    13 years ago
    last modified: 9 years ago

    Oh this is very sad. I think you have been taken advantage
    of. I urge you to call a local attorney and see if a proper
    letter can remedy this issue.
    ~boxerpups

  • mzdee
    13 years ago
    last modified: 9 years ago

    So sorry for your troubles. I had similar issues when I remodeled my bathroom. I lost hair over that one.
    Do what you must to hold them accountable. You were taken advantage of; plain and simple.
    As much as that sucks, please don't involve your neighbor. She gave you a recommendation with the best of intents. I'm sure she had no idea that her relative would behave so badly. Best of luck to you in resolving this.

  • lisadlu
    13 years ago
    last modified: 9 years ago

    Dorothy - I looked at your pictures and I am so sorry! There is a lot of mess and inconvenience during a kitchen remodel but when it is done you usually have a kitchen you like. It seems a lot of the problems arose from their carelessness and lack of planning. Regarding the marks in the wood, every installation will have some marks but they should have filled them in with putty or stain. What I can't get over is that they cut the outlets down! That is crazy! On a positive note I really like the door style and color of your cabinets. I hope everything can be fixed so you feel better about it and in time grow to love it.

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

    I couldn't find my thread so I searched for it and found it.

    I want to thank each and every on of you for your support,encouragement and advice. These guys tried to make us feel like we are crazy and unreasonabale.

    I did receive an answer from the BBB that they had received my complaint and forwarded it to the contractor. They have until Sept 17th to reply.

    Yes, these were brand new cabinets supplied by the contractor from a a company called Golden Cabinets. I found the store he bought them from and we looked at their displays and the drawers were a little hard to pull out but not as bad as mine. They also had one cabinet just like mine that is next to the range that has that same ragged cut edge on the bottom! I couldn't believe they would put that up in their showroom! Or that the crew who put it in my kitchen didn't notice it.

    As I said before, I think the guy (crew foreman) who installed my cabinets did most of the damage.

    Yes, Ho'Aloha Design Group is licensed and insured for $1,000,000.00 for LIABILITY/PROPERTY DAMAGE
    http://pvl.ehawaii.gov/pvlsearch/app;jsessionid=5A9D8DD4EA806A5307450CD62C9E5104.liona?_f=n&_a=IB&licno=26843&lictp=CT&off=0&nm=

    I did look them upon the BBB website before I hired them but there have been no complaints against them. There will be now! I asked them to make it public.

    They filed no permits and I don't even know if that was necessary. He lists no employees except himself but has several men working for him. There was no licensed electrician or plumber but he does hire an electrician when needed. The first outlet he put in for the range was for 110 but the other guy and the painter told him no, no you can't use that you have to get something I didn't hear for 220. They left for lunch (they usually ate out on my porch) and I assumed he would get the proper plug at Home Depot which is at the bottom of the hill. But no plug and the guys who delivered the range and were to test it out and level it had to come back the next week. I told them in the beginning the delivery date for the three appliances was Aug.30 so they had plenty of time to have everything ready.

    He also claims he has no employees just himself.
    In fact he has several guys and his Brother Duke who handles the finances and legal matters and he is also a Fire Chief.

    On 8/11 2010 I sent him an e-mail WITH pictures of the drawers that did not work and the one with the bottom not attached to the back, Picture of NO BACK SPLASH behind the range (the foreman told me there was one there for there, a picture of behind the range where was no outlet for the range plug,a picture of the badly scratched cabinet floor under the sink, and the electrical plug for the disposal right under the water valve, the damaged piece of Pergo flooring that was sticking up plus a diagram of how the boards are supposed to be laid, the painted over holes in the wall and the food and tools left all over. But he never answered and he never mentioned it.

    I had never heard of a punch list before reading it here. Just what do you think I can or should ask for? I have written a 2 page letter for the Board of Contractors but Haven't sent it yet because I need a punch list.

    An excerpt from the letter:

    "When the dishwasher could not be installed and the drawers did not work I stopped the final payment check telling you would get it when the kitchen was completely functional but you threatened to put a lien on our house, take us to court and cause as much financial incremental interest and damage as you could. Also threatening that you will win because of your connections (is that because Duke is a Fire Chief?) and previous experience in courts was uncalled for when you were told you would be paid when the issues were resolved. Duke said, "Believe me, Ive done it plenty of times before", to which my daughter replied, "I bet you have". That implies to us that other clients were also unhappy with your product and work. I had a functioning dishwasher and cabinetry before you worked on my house so was it really to much to expect it to be that way when you left? In addition, telling us we are not allowed to talk to your workers who are working in our home is ridiculous. You insulted my daughter & told her you never wanted to talk to her again. I told you and Duke that this will be her house & she would pick the colors & granite or whatever she wanted. I think saying that you usually bill for consultation and taking clients to the granite place is a bit much."

  • caryscott
    13 years ago
    last modified: 9 years ago

    This has obviously been a terrible experience and while I am very sympathetic and send you the best wishes for a speedy and successful resolution but you really need to focus on the faults in the work and let go of who said what to who and the small stuff. If you can't show it or prove it leave it out - if you hang onto the other stuff about who said what to who you risk undermining your credibility and getting lost in diversions that will distract from the poor quality of the workmanship. If I had been put through what you have I would want to pursue all that stuff too but it really won't help you resolve this. Best of luck moving forward.

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

    Thank you ~ I kind of feel the same because probably no one cares about that except my daughters and me. I think the pictures pretty much say it all. I just need to vent somewhere.

    Anybody know why my post keep disappearing?

  • rjr220
    13 years ago
    last modified: 9 years ago

    Dorothy -- Sorry for your experience, I do hope that everything works out for you.

    Regarding your post disappearing -- posts that haven't been responded to recently drop below those that HAVE been responded to recently. Because this forum gets much traffic and many people ask and comment, threads move quickly from the front page to further back pages really rapidly. In fact, I just found your post on the bottom of the first page. By my responce I am "bumping" it up to the top of the first page. Sometimes you may see a thread (like the "New to kitchen forums" thread by Buehl), where you will only see the word "bump" as the post. This serves to bring it up to the first page.

    Hope this helps.

  • attygirl
    13 years ago
    last modified: 9 years ago

    Dorothy, so sad to read about your problems. Several posts have mentioned insurance and I just wanted to point out that business liability insurance policies do not provide insurance coverage for improper workmanship. Therefore, if you filed suit and did obtain a judgment, the contractor's insurance policy would not pay the judgment. You would then have to try to collect from the contractor personally - very difficult to do. In my experience, a contractor who does shoddy work does not limit that standard of incompetancy to just one customer. Sooner or later the claims against this contractor will result in the business filing bankruptcy and getting a discharge on all the claims/judgments/ etc. Then there is nothing to stop the contractor from opening shop under a new name and starting the same scam all over again. I certainly don't want to discourage you but I do think many people have an unrealistic expectation of the litigation process. In this type of a case you would have to pay an attorney on an hourly basis. The costs of litigtion can quickly exceed the amount at issue. You could try to represent yourself in small claims court, but again, this is not an easy thing to do, can be very stressful, and at the end of the day could just result in you obtaining a judgment that you will never be able to collent upon. Maybe appealing to your neighbor is the best way to go right now. Just be sure to approach her in a nonconfrontational way, and do not be disparaging of her nephew. This will only serve to make her defensive. The trick is to try to make her sympathetic and to see your side of the issue, without making her feel she has to defend a family member. Best of luck to you.

  • marytwit
    13 years ago
    last modified: 9 years ago

    I'm not so sure you should refrain from repeating some of the things he said. I agree that your focus should be mainly on the poor quality of the work, but I think that the BBB might get a sense of the contractor's attitude from your reports of your conversations with him. It really underscores the lack of professionalism on the part of the contractor. What you might do if you have to offer further documents is to make sure they've been proofed and edited.

  • kitchenkrazed09
    13 years ago
    last modified: 9 years ago

    Sorry to disagree, but please do not confront your neighbor, unless you do not care that the relationship could be ruined. Your neighbor will probably feel defensive not only because it is her nephew, but because it was her recommendation. If he didn't make an extra effort to do a good job for you simply because his aunt recommended him and you were her neighbor, then there is likely nothing that she will be able to do to fix the situation. You will only serve to damage the relationship. She already defended him by saying he was an honorable man when you did mention it to her. I would be honest with her if she asks you about it, but would not go to her with the intention of complaining about her nephew or expecting her to fix this.

    Your complaint to the Better Business Bureau was an excellent start, and like I mentioned before, they have different dispute resolution services which make it easier for a homeowner to handle on their own. I think that is your best bet for now and then you always have small claims court to fall back on, if you don't get a satisfactory resolution.

    I agree with martytw that the things that were said by the contractor shows his attitude and his unwillingness to work with you to resolve this matter. I think that strengthens your case. When you are describing it, maybe you just want to make it sound more factual and take some of the emotion out of it. Hope it works out for the best.

  • pinch_me
    13 years ago
    last modified: 9 years ago

    Did you check mark the box on your original post that asks if you want messages sent directly to you? You'd at least be able to read even if you have to search for your thread to respond. The search box might find it for you. sometimes. This server sometimes takes a few days off.

  • steff_1
    13 years ago
    last modified: 9 years ago

    Dorothy, I read the excerpt of the letter in your last post and would caution you to not put any references to conversations or allegations of threats in your letter to the Board of Contractors. For example, it is not illegal for a contractor to put a lien on a house and therefore not reportable as a threat. The Board of Contractors wouldn't deal with threats. Your best chance of getting anywhere with them is to focus on the fact that no permits were pulled. They will want to know if he performed on the contract or not. If he did his own electrical without pulling a permit, that could be a real issue for the board.

    Your best chance for success is to list the items that were not done and are not functional. Focus on specifics, do not add any personal feelings or conversation. The best way to approach this is to go by what you had before that was functional and what is not functional now. You mention the outlet for the range so you would need to explain if you previously had a 110 there and needed it upgraded to 220 when the range was moved or was your previous range gas and needed a 110 only. On the ceiling lights you need to state that you had ceiling lights previously and have none now or whatever the actual situation is.

    You can refer back to some of the other comments to help you with your list.