SHOP PRODUCTS
Houzz Logo Print
samtrz

Recourse for Major Stone Fabricator Error?? Help!!

samtrz
2 years ago
last modified: 2 years ago


......That's not how that's supposed to go?


We're first-time remodelers and as such first-time new-counter-top-buyers. We were not expecting any of this, and have no idea what kind of recourse exists for this type of situation. Please tell us what we should do?

(As a side note - I'm an editor/designer/project manager by trade, and I am just absolutely flummoxed - FLUMMOXED I tell you -- at the lack of critical thinking, attention to detail, and professionalism that we saw here. I really expected this would be a field in which those things were all required.)

The Gist

  • We asked for a very specific layout for our quartzite, was told by fabricator that it would be possible, although "not perfect." (Duh, it's natural stone). We even used their cut template to digitally place the cuts on the slabs to show proof-of-concept.
  • We told the fabricator we were always available to review it, answer questions, and wanted to be contacted if it looked like it wasn't going to work. I said I would drive the 10 minutes over to them to help with taping out the slabs if that's what was needed.
  • After basically ghosting us for 3 weeks (initial estimate was 1-2 weeks from measurement...), they installed it, and it looks wrong. After comparing the final cuts to the plan, I realize they have rotated one of the slabs 180 degrees, and that is why none of the patterning matches up.
  • After calling to tell the fabricator this, they are saying that "they did exactly what we asked" and also that "the plan was never going to work because the slabs aren't mirrored." (they were.)

Where we're at:

  • We paid 1/3 up front. They are requesting final payment, but I am withholding while we figure out how we want this fixed.
  • I found two more slabs from the lot at the stone yard, and I have them on hold. Unfortunately, they're from further down the stack so the pattern has drifted. I might be able to make them work, but it won't be as good as the original slab would have been.
  • I have not followed up with them beyond the initial conversation of "this is wrong/not it's not," which was on Friday. I want to have a game plan and some contingencies before I do that.



Our lot of Vibranium before it was ruined. So pretty!

THE DETAILS

Background

  • We just gutted our kitchen, and built it back with DIY, IKEA, friends, and floor models, so that we could splurge on one specific thing: the countertop.
  • Our stone was quartzite called Vibranium that has very obvious horizontal striations.
  • The kitchen counter layout includes an asymmetrical U (one arm longer than the other).
  • We chose a local family-owned fabricator. They had decent reviews, made a fair bid, and we liked how no-frills and straightforward they seemed to be.
  • They told us that part of the process was going to be us giving final approval of the cuts on the stone.

Where it started to go wrong

  • The "final approval" turned out to be us having to chase them down to set up a meeting for one of us to physically come into the office. We expected this to be a digital process, but in fact all it involved was walking into the garage and having me point at the parts of the stone I wanted included in the cuts. Their "layout" was just them taping the slabs out later (not with me right there). At this point I took the below photos of the two slabs.

Notice the two slabs are MIRROR IMAGES (book cuts). Also notice that I was unable to take a straight-on photo of the first slab, due to the equipment in the way. I asked whether it could be moved and was told no.


Slab 1


Slab 2.

  • After looking at the two slabs and realizing how loosey-goosey their process was, I asked if I could have a copy of their measurements/template, and whether I could try laying the cuts on the photos of the photos of the slabs so they could have a visual reference for what I wanted. They said this was ok and gave me a hard copy of their template (below).


  • At this point I broached the idea of doing 45-degree cuts at the corners, so that the pattern could "bend" around the corner instead of having the striations run vertically up the arms and the waterfall edge (on the right arm). They said they hadn't done that themselves (this is where I should have run, right?) but were excited about the idea, and looked up some references, and also asked the actual stone cutter whether he could do that, to which he said yes. The pencil marks on the paper above were made by the fabricator confirming their understanding of concept. They did say "it wouldn't be perfect," and I said I'd like to take a pass at seeing what I could do to make it pretty-close, which they again consented to.

The Plan

  • I went home, turned their schematic into a layout reflecting the 45-degree cuts.
  • Realizing that one of the photos I had wasn't flat enough due to the obstructive equipment, I verified by close inspection that the slabs were close enough to mirrored that copying and flipping the image of one slab would work for the purpose of demonstrating proof-of-concept in a schematic. This wasn't very difficult - the landmarks on these slabs are many and obvious.
  • I then overlayed the cuts on the mirrored slabs to show where, roughly, they could place the cuts to get the desired result. Since I'm not a stonecutter, I obviously don't know anything about what kind of margins need to be kept, but there was enough space on the slab to slide things around. As long as the movement of one cut was transposed across the mirror axis, the effect would hold.


  • Finally, I transposed the cuts into the layout to demonstrate what the final countertop could/should look like.


  • At this point I first called to try to explain the idea (no answer), and then sent an email with the schematic, and explanation of what the idea was and why it could work (the mirrored slabs). I also reiterated that I was available to answer any questions, and would be interested in coming down to see it taped out. Did not hear from them for days, until I called to verify they received it several days later.
  • When I did finally get ahold of them, they looked at it and said it should work, but wanted to reiterate that it wouldn't be "perfect." I said I understood that, and I expected variations in the stone, or things to have to shift a little. But generally, the same *type* of pattern would meet in the corners, which is all I really wanted. I also explained the reasoning behind using the flipped image, and explained that I understand that while very close, they are not exact mirrors. This schematic was to demonstrate 1) the idea of how to get the corners very close, and 2) to demonstrate which part of the pattern I liked.
  • I also reaffirmed that I was available if any issues came up, or it seemed like it wouldn't work, or there was any confusion, etc.

How it ended

  • After that phone call, we didn't hear anything for weeks. My husband started calling to try to nail down an install date. I called and emailed the business again reiterating that we were available for final approval of the layout. Nothing.
  • Finally, they called to give us an install date. Following that call, they called me back to tell me "it's not going to be perfect," because they "aren't mirror images." This is when I really start to stress. Because they ARE. "Not perfect" is fine, but if she's saying the patterns aren't mirrored, something is wrong. I was not given any photos of the taped slabs, or asked to sign of on any final plan.
  • Install day they show up and do the job (I am not home at the time). When I get back, I see that it is not right. Totally different patterns meeting at the corner, different hues, etc. Again, I expected some kind of shifting, but this surprising.

(I realize the lighting makes it hard to see here, but I assure you it's very obvious in person. The sink slab has dark grey straightish lines. the slab it meets in the corner is pale grey/yellowy and swishy.)



  • We called the fabricator right away, who insisted nothing was wrong, they slabs were never mirrored, and they did "exactly what we asked for."
  • So of course, because these slabs have so many landmarks, I was able to go around and figure out where they actually cut each slab. Here's what they did:



They flipped the slab 180 degrees! If they hadn't done that, it'd be great and I'd be perfectly happy. Any imperfections from minor variations or shifts or whatever would have been fine, because overall, it'd have been like-pattern-to-like.

(Additionally, their measurements were off such that they had to break my drywall all along one edge (under an electrical outlet, on a stretch that is not meant to have backsplash) in order to install it. Is that normal?

____________________________________________________________________

Conclusion

I realize I was asking for something tricky here, and I really wasn't expecting perfection. But I was expecting to be kept in the loop at least a little bit, and I definitely wasn't expecting to be gaslit at the end. Once they realized there was an issue, why not call me? Why not have us approve a photograph of the tape on the slab?

I don't know, but as an editor and a publisher, I wouldn't dream of sending a final product out into the world without an author's approval. And certainly not pretending like I didn't print that photo they wanted upside down?

Anyway, thank you all for listening and any comments you might make. This was our first time doing anything of this sort, and the biggest investment we've ever made in a home.

Comments (62)

  • samtrz
    Original Author
    2 years ago

    Fwiw, we've reached out a few times but there's been no further communication from the fabricator to date, beyond a single voicemail on Monday morning asking us to call to pay the balance. I'm assuming we need to physically go to their office at this point, if we want any sort of resolution. Haven't had a chance yet, though

  • PRO
    JAN MOYER
    2 years ago
    last modified: 2 years ago

    Not to the op, but to any who may stumble on the thread.

    If you do not have a designer,someone as advisor, eyes, ears, and all that goes with any project. ........

    You are the point person, for all design and all details within that design. Every single detail is in writing. Words spoken, are worth the air upon which they float.

    You are available, you make the time, So that as you face the regrets of a misfortune, you at least won't be saying " wasn't home........haven't had a chance....."

    It's brutal , isn't it? I agree. It's why some days I miss a couple meals, do some serious foot stomping at a source.....flop in my bed at eight pm like a worn eight year old. Because I AM the point person.) To not have a chance, may be someones $$$ and HUGE disappointment. I'd rather miss the meals.

  • Related Discussions

    countertop installation - comedy of errors - please help

    Q

    Comments (21)
    Hollysprings: I was not asking them to do more than their trade. I asked them what I needed and followed their advice. If I knew a GC was needed when I hired a company to install granite, I would have hired a GC. I had 2 people from their company who came to my home to take measurements and was told supports were not needed. Even after asking them a couple times, one guy said if you really really really want it, go ahead and get a bracket for a the small piece - you don't need it. The day before my install, I spoke to them and said we may need to reschedule because I think I need support brackets and will need to order them because I could not find any locally. My concern was based on info I found here stating anything over an 8" overhang needs support. At that point, I thought my overhang was 10". He said it's not needed because it was an L-shaped piece and the base of the L supported the length. Like I said earlier, he even sent a text to me the next morning saying only the small piece needs support. This is not a matter of making myself GC - if I was told I needed one, I would have hired one. I went to a company that specializes in flooring, counters, etc, not a one-man shop. Maybe it's just me, but I find it odd that anyone would install something that's unstable. It was during my phone call with him the night before the install that he said we could not cancel the install but he'll have his guys bring 2x2s the next day that way I have something until I get someone to install the brackets. Like I said, I don't want to be unreasonable. The work was done on Thursday(has not been completed) and I wanted to get advice on what's normal. 1. If the sink cutout is to be expected, fine. It's not ideal and it won't be perfect, but I can live with it. 2. I've seen posts here saying the seam should be hard to detect. Prior to the installation, he said the seam would be very hard to detect especially with the stone I have - black galaxy. Well, it's not. This seam width is 1/16" and it's not smooth at all. You can see this seam from anywhere in the room. Not only is it visible, it's very rough and one end is more raised that the other. I even had to call him when they were still here because this did not look right. The final product is nothing like I expected. 3. Based on this site and info online, I know I need support brackets. According to the rep, I only need one. According to their installers, I need 7. According to Trebuchet, I need 4 or 5. Looking at the picture posted, I think that's because the brackets are about 3 feet apart not 2 feet. If they'll have to remove the slabs to fix the seams, then I can have a carpenter install Centerline hidden brackets. If they don't need to remove the slabs, I'll go with L-brackets. Not ideal, but I can live with those. I'm not a fan of corbels or those decorative pieces are only good for banging your knees - I'm 5' 11. The less obstruction, the better.
    ...See More

    Help! Florida soapstone fabrication and installation

    Q

    Comments (10)
    Fabrication without the stone purchase starts at about $40 a squre foot and goes up from there. It's a sliding scale with the stone cost. If you want the fabricator to take responsibility for any issues with the stone,then you need to have them be involved with the stone selection. You don't get to tell them what they are going to use and how you want it done without paying a lot more for the priviledge. And signing a waiver where you get to buy te stone all over again if it cracks. Since they werent involved with the selection, they can't be held responsible for your selection. Or, there's slab insurance you can buy. But probably won't. Finding a bargain fabricator who charges $20 square, does impeccable work, and isn't waiting on the cash from that for his next crack hit is a fantasy. Insurance costs money. Licensing costs money. A fabrication shop with technologicallly appropriate tools costs money. $20 crackheads don't have any of that.
    ...See More

    Granite installed with rust stains...what is my recourse?

    Q

    Comments (25)
    “after 10 responses no one has given their opinion on what percentage of discount would be the norm for this kind of flaw.” That’s because there is no “norm“ for this. Perhaps you think this sort of thing happens commonly so there’d be some relatable experience and consensus about what percentage discount you should get. But your situation does not happen commonly; actually it’s rare. Typically when people have problems with their fabricator, it’s about seam placement, vein direction, the overhang, the joints. And on the rare occasions I’ve seen people report flaws in their stone, I’ve never seen one that is a mesh imprint—and I’ve been a regular on this forum for years. The more common response I‘ve seen here would be “I’ve spent thousands on this counter, this is my dream kitchen, and I am not marring my kitchen with this. It needs to be replaced”. You have made it clear you want the discount instead. You will have to figure out your own discount percentage then, as there is no “industry norm” as you put it, and no one has “comps” for you.
    ...See More

    Major granite variation

    Q

    Comments (50)
    Glad it's getting replaced. The short answer is that it's not, IMO, within an expected range of tolerance for that stone. If any stone was "anything goes" because of "God" - then why name any stone - just say you are getting a natural product so suck it up. Maybe you can get "light" and "dark". The answer here is that the production builder has sway over the granite installer and they too, thought this was too much variation. So - they told the installer "do better" templating and not try to pass that off in the future. It's a little thing about pride in your work product. Anyone that did that should have KNOWN that it wasn't going to be acceptable. And the OP is still spending hundreds of thousands of dollars of her hard earned money on a home and deserves a decent level of fit and finish. Just because someone buys a "production" build home doesn't mean that they have no leverage at all, or that they have to accept crapola quality and appearance as their penance for not having something 100% custom designed and built.
    ...See More
  • raee_gw zone 5b-6a Ohio
    2 years ago

    All the posts telling the OP what he/she did wrong aren't very helpful, are they? Except to someone else who may see the thread before they make the same mistakes.

    I have to give the OP a little credit, for relying on the word of a fabricator who said he could do, and agreed to do, what was asked.

    One of the most common mistakes that I see both here and in similar threads is that there is no contract detailing the scope of work - the specifics of how the job will be performed - right down to details of cleanup and hauling away debris. So the OP is far from alone in that.

    And we have seen plenty of threads where having a designer hasn't prevented, or sometimes also not been helpful in correcting problems.

    OP, I would send a registered letter detailing the complaint and demanding correction. Even though they said "not perfect", and you agreed to "not perfect" (which I also would have thought meant, oh the pattern won't line up perfectly at the seam), this isn't just "not perfect", this was a flat out error. Lay that out clearly. Include that at no time did they indicate that they would not follow your layout. Also refute their "not bookmatched" claim with documentation from the stoneyard if you have it or can get it..

    If you have any documentation of the promises made at all, (notes, emails) include copies. And, try to re-create the timeline of when you had your verbal conversations (your mobile phone history should help) and face-to-face meetings along with what you discussed.

    Then file with the BBB. If they still don't respond with any offer to try to make it right, you can pay for an attorney to give them a phone call about it - sometimes that convinces a company to deal with the issue.

    They very well may choose to walk away. I would be inclined to let them, and choose another fabricator to remake the counters (unfortunately at added expense) or just live with it.

  • Fori
    2 years ago

    Certain folks like to blame the customer and maybe it's partly your fault for expecting better, but the fabricator should have told you what to expect and they should be communicating with you about it. I hope you can get some sort of resolution. It's still pretty cool (and I think having the stripes turn the corner is much nicer that having them all go the same way. That stone calls for long stripes!).


    The suggestion that one needs to hire a 3rd party to have an item installed in one's house is a bit ridiculous. I would expect that a designer would tell you to get lost if you tried to hire them for just a counter.

  • PRO
    The Kitchen Place
    2 years ago
    last modified: 2 years ago

    For future folks, find a fabricator that offers SLABSMITH


    services....they will email you a photo of your slabs cut by the CNC machine. I recommend this all the time to people that have directional patterns or seem highly particular about things....patterns and such.


    note: the slabsmith picture above has two corner seams....ignore that other line...it's not a seam. I'm not sure why it's like that.

  • Chessie
    2 years ago

    I am sorry to say it, and I am sure it does not make you feel better, but I would have run very fast from a fabricator that stated "we've never done that before". But before I ever reached that point, the whole issue of the material you chose for a corner that needs a seam...that is nothing to present to a fabricator that is anything less than a well-regarded pro that can show you the exact same thing in other work that they have done. It sucks that so many people just assume that any fabricator can do whatever. You spend enough time on these forums and you learn otherwise.


    I personally don't like diagonal seams, but that is just me. I am sure there are a lot of pictures online where it has been done and turned out beautifully, but I would not want to be drawing from that deck of cards.


    I'm not sure what your options here are other than to live with it, or start over, at your cost. (with a different fabricator of course.)


    Best of luck.

  • ci_lantro
    2 years ago
    last modified: 2 years ago

    1st mistake was choosing a stripy stone for a U-shaped layout.

    2nd mistake was asking for a miter at a shop that doesn't have experience making them.

    3rd mistake was asking an inexperienced shop to make a miter joint in quartzite.

    4th mistake was relying on unanswered phone calls and emails when you live 10 minutes away from the shop. If you really want to know where your project is at, you drop in at the shop. If you want to make sure you are getting the layout you want, you drop in at the shop.

    For all we know, something may have happened with the miter cut--quartzite is brittle and that pie slice end is especially fragile. Or there was a flaw in stone that necessitated reversing the miter end.

    In spite of all the mistakes or things that you could have done differently, you got nice, functional, 'not perfect' counters. Even considering the mismatch, if you have to have a striped stone in a U-shape, the flow is nice, much nicer than the look from 90 degree butt joints in a linear figured stone. So, so much more could have gone wrong.

    I would try to negotiate a discount...10-15% off. No way would I expect, as some have suggested, to get counters for 66% off of the agreed price.

  • Mrs. S
    2 years ago

    I read and read and read and tried to understand the diagram.... I feared the worst. But then I saw the pictures, and thought, what is this person complaining about? That the seams are not bookmatched?

    I "feel" for you, because you were dealing with "professionals" who could've/should've saved you from yourself and your misguided ideas about mitering the corners.... and they should've told you that it wasn't a good idea... but they WERE trying to please you by getting into territory beyond what they usually do.

    Your entire dialog is peppered with statements like this:


    They had decent reviews - What made you think this company with merely "decent" reviews was appropriate to deal with your desire for unusual detail? It wasn't. It was your "expectation" and not a realistic evaluation.

    They were "no frills" - It sounds like it to me... lacking the computer program and expertise (and cost!) to deal with high-end, high-maintenance, high-expectation customers.


    As a side note - I'm an editor/designer/project manager by trade, and I am just absolutely flummoxed - FLUMMOXED I tell you -- at the lack of critical thinking, attention to detail, - why? You've seen low-end apartments that are advertised to have granite or quartz countertops. Did you think those were all created by people with critical thinking and attention to detail? Or maybe, just handyman types? A handyman can cut granite. I know because we had a handyman do a small one, and he did great. There are really expensive, fab stone yards near me that charge a huge premium for doing bookmatched slabs. They have a huge, long wait, and it costs a pretty penny. And there are every level in between! Why would stone cutting be any different than any other trade??? I don't give you a "pass" on your statement, because it isn't reasonable. (((hugs)))


    I agree with all the pros who have given you their professional opinions. Joseph Corlett, Jan Moyer, The Kitchen Place. Maybe others in here I missed. People who like the utmost in customer service, who are high maintenance, and detail oriented, generally (!!!) pay more money for that extra time. I keep coming back to "decent reviews". You went with a company who had "decent reviews" for your splurge countertop??? So, my problem is that you set yourself up for this disappointment. You didn't do enough research, and you liked the fact that this outfit was "no frills" meaning they don't do bookmatched installations, and my big guess is that they don't charge those prices, either.


    In court, all of this will come down to the written contract, and what are the industry standards. I cannot imagine a judge listening to: "I was ghosted for 3 weeks" and " I live 10 minutes away". Those types of things are relevant to your disappointment, but they are not relevant to the written agreement, nor the actual outcome. You haven't mentioned how much you paid, but I am sure it was not top-dollar installation.


    Finally, I will tell you, that I would be not at all disappointed in the outcome. They basically did what you asked, and it didn't turn out perfect: which is exactly what they said. I think you put a toaster in one corner and a big plant in the other corner, and enjoy your new kitchen and the pretty slabs.

  • Rachel Simanski
    2 years ago

    If it was not part of the contract you really don't have a leg to stand on. You might want to ask for a discount, but they don't have to replace at their cost. Looks like a good install & once everything is done you will be much happier.

  • ci_lantro
    2 years ago

    Finally, it's also absurd to blame OP for not physically being there during the install.


    That only makes sense if the OP would earn more on the job in the time it took for the counters to be installed than what the counters cost.

    And for anyone who is making that kind of kaching, then ripping the counters out starting over with a different fabricator would be no big deal.

  • H202
    2 years ago

    That is obviously not the calculation. The calculation is: if OP booked time off from work for ALL the days that pros on this site insist you need to be there for, including all the days where they’re supposed to come but fail to show- is the financial cost greater than the cost of all those items. However, for most workers, taking 50 days off in a six month period would equal being fired. Hence, the economic cost is the OP’s lost future earnings. Losing one’s job to get counters and cabinet hardware installed right is obviously not worth it.


    Your position only makes sense if you’re saying counters are the ONLY thing that you need to be in person for, and so if OP fails to be there during electric box install and theyre all messed up, you dont plan to point a finger at OP. Ive been on the site long enough to know that will never happen!

  • Jamie Lee
    2 years ago

    You sound very detail oriented and I know this may not help, but I think it looks amazing as is. Why do people choose natural materials? Because they are natural. Natural means imperfect. Lines that aren’t perfectly straight. Things that don’t match exactly. I think it looks much more high end in its current state than if the lines met exactly. Then it would look more like a printed piece, like laminate.

  • Elizabeth
    2 years ago

    How are the rest of the seams, or is it only that one that looks so different? @Jamie Lee has a point, and if the other seams look good, I wouldn't worry about it

  • thinkdesignlive
    2 years ago

    Thank you for posting and for the dialogue-a lot of people will learn from this. I also think it’s not that bad and once all is done and you’re using it it won’t be that big of a deal. Good luck wrapping up the rest of your project!

  • bry911
    2 years ago
    last modified: 2 years ago

    The customer has no duty to check if their instructions were followed and no duty to be on site. You might argue that these things wouldn't happen if the customer was on site, but I would counter argue that if you need the customer to hold your hand to do the job you committed to doing, you are not a professional.

    It is simple, if you are in business of taking a customer money to provide goods or services then you should only take their money if you are capable of providing the good or performing the service as you agreed. It isn't really that hard to understand. You don't take someone's money and then claim, "my way is better." If you really believe it is going to be bad, then simply decline their business.

    ----

    Furthermore, this whole worship of the contract is completely bogus. The OP has plenty of evidence to prove what she wanted... She sent documents with instructions that were clearly meant to act as clarifications of the original agreement. No one would argue that they don't have a contractual obligation when they accepted those documents without objection.

    While what is written in a contract is strong evidence of the agreement, the actions of the parties can and often do modify or overrule it. The actions of the parties are sometimes stronger evidence of the agreement than the written agreement itself. This is a rule that protects contractors who rarely follow the change order procedures that are written in the contract (read as: this rule protects most contractors because they never manage to follow the change order procedures in the contract).

    Frankly, I think the OP should write a breach of contract notice and give them some small portion of time (a few weeks) to correct.

  • PRO
    JAN MOYER
    2 years ago
    last modified: 2 years ago

    Dream world:

    " The customer has no duty to check if their instructions were followed and no duty to be on site. You might argue that these things wouldn't happen if the customer was on site, but I would counter argue that if you need the customer to hold your hand to do the job you committed to doing, you are not a professional.

    It is simple, if you are in business of taking a customer money to provide goods or services then you should only take their money if you are capable of providing the good or performing the service as you agreed. It isn't really that hard to understand. You don't take someone's money and then claim, "my way is better." If you really believe it is going to be bad, then simply decline their business.

    The WHY of the dreamworld.

    It isn't SIMPLE. It is no more "simple" than you go to a hospital, have no advocate, and your phone is lost, your meds may be administered incorrectly, your bed pillow goes missing or the wrong knee gets surgery.

    Few cabinet shops, no contractor, no builder, no fabricator, is one man show with YOU and your long awaited project as the only customer. You want to be annoyed? Fine! Take your chances and skip the very annoying due diligence on all the weeny details.

    PS..........Here's her "contract" below. It was satisfied> The End.

    Our "contract" consisted of an invoice which listed (verbatim). There was no other contract.

    • Fabrication of kitchen countertops with undermount sink cut-out, cooktop cut-out, and standard edged.
    • Template and installation
    • Material - Vibranium polished -- [stoneyard]
    • Total material and labor

    [fabricator] is not responsible for conditions of cabinets and walls underneath and behind old existing tops and splashes.

    [fabricator] does not do any plumbing work.

  • PRO
    Joseph Corlett, LLC
    2 years ago

    "I would try to negotiate a discount...10-15% off. No way would I expect, as some have suggested, to get counters for 66% off of the agreed price."


    I've given 66% discounts. Cost of doing business. Keep your spankings to 1-2% of your gross sales and you'll be fine. If you're in business and think you're getting fairness and not getting a few a$$-whuppins' every year, you're in for a rude surprise.


    As far as customers being on site during install, if you behave yourself and mind your own business, you can watch. Open your mouth and here's your deposit back. It's your house, but it's my job and no one tells me how to do it. I damn near walked out of a sales call today because the lady wouldn't make her damn yappy dogs shut up. I won't speak over your pooch. Your lawyer won't either.

  • bry911
    2 years ago
    last modified: 2 years ago

    Let me explain why it very much isn't a "dreamworld." If you are going to do business this way, then your dream of getting the remaining 2/3rds is going to turn into a real nightmare.

    If you are going to decide to do things the way you want despite customers instructions otherwise, then you should at least be smart enough to demand payment upfront.

    I don't care what the contract is or what it says. They are unlikely to perfect a mechanic's lien given the OP's evidence and their case is absolute dog water in any other venue.

  • PRO
    Joseph Corlett, LLC
    2 years ago

    "If you are going to decide to do things the way you want despite customers instructions otherwise, then you should at least be smart enough to demand payment upfront."


    Customers get to instruct what, where, when, and why. I always keep who and how; nonnegotiabe.

  • flopsycat1
    2 years ago

    Being neither a stone fabricator nor an attorney specializing in contracts, I have no opinion, but am interested in the discussion and resolution, if any.

    My stone countertops have what I believe are French mitre seams. Are they not more stable than corner diagonal cuts? Just wondering. Thank you.

  • bry911
    2 years ago
    last modified: 2 years ago

    @Joseph Corlett, LLC Customers get to instruct what, where, when, and why. I always keep who and how; nonnegotiabe.

    But do you lie about it and tell them that you will do it their way and then not? It is one thing to refuse to let a customer tell you how to do your job. It is a completely different thing to let a customer tell you what they want, agree to do it, then not do it.

  • Lisette Mauch
    2 years ago

    I’m sorry you’re disappointed and the counters didn’t turn out as you had hoped. As you said, it was your splurge item in your kitchen and you thought it should work as you envisioned.


    Unfortunately, it seems that was not realistic- either due to the type of stone, the skill of the fabricator, or a combo of both. To be frank, your description of the fabricator as ”no frills” and ”decent reviews” makes me think that you chose them for price and thought they would be good enough.


    Given the paperwork you signed and the agreement it wouldn’t be perfect, I don’t think you have a lot of leeway to avoid paying the remainder owed. I certainly don’t think its reasonable to expect a re-do at their cost. I would ask to negotiate a small discount and then try to live with it. If you can’t live with it, I would expect it redone on your dime. I hope you find that with time it bothers you less.

  • Fori
    2 years ago

    If you buy bookmatched slabs and are told they can be fabricated in a bookmatched fashion, you should expect some sort of effort at bookmatching.


    If when you try to complain the fabricator claims you're full of it, you have the right to be miffed.


    It is very common on this site to blame a dissatisfied remodeler for hiring "the low bidder" or otherwise suggest they are at fault for somehow not securing the bestest ever contractor. That's crummy because there is nothing here to suggest that that is the case (and even if it were, do people of less means not deserve what they paid for?). "No frills" does not imply poor service. And "decent reviews" doesn't mean anything other than satisfactory.

  • HU-605509116
    2 years ago

    Congrate's, great work

  • bry911
    2 years ago
    last modified: 2 years ago

    In an effort to clear something up, let's discuss the, "it will not be perfect" disclaimer.

    All goods purchased from a merchant carry an implied warranty of merchantability. Which means the goods shall conform to the quality of similar goods at similar prices. It also sometimes notes that your goods shall conform to the expectations of a reasonable customer.

    "It will not be perfect" is a disclaimer of the implied warranty of merchantability. It means we are going to do it, but we are not going to warranty that the result is of the typical quality at this price point.

    The OP has evidence that proves they did not "do it." If anything the "it will not be perfect," hurts them, it is clear evidence they received the special instructions.

    ETA: For our contract experts here... You could use a different implied warranty to defeat the contract. All goods purchased from a merchant carry an implied warranty of fitness for a specific purpose. If the merchant knows or reasonably should have known the goods were designed for or purchased for a specific purpose they must be satisfactory to that purpose. I wouldn't bother arguing that because there are half a dozen ways to defeat the contract that are faster and easier to make, but it is there.

    ETA 2: Again, for our contract nerds here... A contract requires a meeting of the minds (that has largely become irrelevant except in a few circumstances). Subsequent modifications can be rejected by either party, but subsequent clarifications of the original meeting of the minds are typically considered as basis for the original contract and are actionable. You can't say, "I changed my mind please do this instead." You can say, "I wanted to clarify that this is what we agreed to."

  • Running In Circles
    2 years ago

    The way I read it, the OP’s issue is that the fabricator didn’t follow the template as provided by OP. Maybe there was a justified reason for them not to (though that should have been communicated) or maybe it’s as the OP said and they flipped the slab 180°. They fabricator’s disclaimer that it wouldn’t be perfect, to me, would have set the expectation that the lines were not likely to precisely match up at those corners. I do agree with the points of several posters, but to me the crux of this is, if the fabricator agreed to the OP’s template, why was it not followed?


    @samtrz, I think everyone can see how much work you put into this, and I can really empathize with you (we’re going through a kitchen reno too and have had our share of counter ”drama”). Your stone is still very beautiful, and although your vision for it wasn’t executed to your specs, if it were me, I could be happy with it and enjoy it. The corner picture that you showed doesnt look bad or poorly done; it’s visually unique and for me, I love that you took the striated pattern around the corners and edges like that.


  • rockypointdog
    2 years ago

    The fabricator said they would follow a specific template. They did not follow the template (when they rotated one slab). That's the fabricator's fault, not the customer's fault.

  • H202
    2 years ago

    I really like Bry911's point above that, since fabricator kept saying "it will not be perfect", they repeatedly confirmed that they understood the special requests here.

  • Mrs. S
    2 years ago
    last modified: 2 years ago

    I still have a couple of thoughts:

    This whole concept of bookmatched stones. The stone seller never said they were bookmatched stones. In fact, the OP states:

    We called the fabricator right away, who insisted nothing was wrong, they slabs were never mirrored, and they did "exactly what we asked for."

    Even the OP undercuts the idea of a meeting of the minds over attainment of bookmatching, when she states:

    I also explained the reasoning behind using the flipped image, and explained that I understand that while very close, they are not exact mirrors. This schematic was to demonstrate 1) the idea of how to get the corners very close, and 2) to demonstrate which part of the pattern I liked.

    The shop stated that the stones were NOT exact mirrors and then the OP admits that "they are not exact mirrors."

    This sets up the fabricator's defense.


    A lot of what the OP was explaining to the stone shop was VERBAL. Does anyone think the stone shop is going to agree about what was SAID at that time? I don't.


    I don't see where there was a "meeting of the minds" and I don't see where her sending them her specific diagram of the layout with all the landmarks SHE clearly sees in the stone means that they had an obligation to see the same landmarks! They don't even understand that the stones are bookmatched. Why? Probably because they don't commonly sell bookmatched stones, they don't use that terminology, they don't have that software, and they don't promise to bookmatch stones!

    It is my opinion that the OP sending them a bunch of detailed drawings, that her expectation that this merely "decent" outfit could/would replicate her precise vision, doesn't seem likely to have a great outcome.

    I don't know if "reasonable" even comes into this picture. I mean, we don't have an explanation for why the slab was flipped 180degrees, but all the fabricator has to say is that it was an honest mistake, or that because the meeting of the minds reflected that "the stones were not mirrored", that there are no significant damages. Not mirrored = not mirrored.

    What is the remedy? To use different stones? How's that going to work? This outfit cut a 45degree angle, which is not a recommended cut (ask Joseph Corlett). Now they're going to replicate a precision cut (in a 45 degree angle which is far less than ideal, anyway) on another slab that's also not a "mirrored" slab? How is this installation EVER going to be made right in the eyes of the OP? It's NOT.

    Good luck finding all new slabs that look enough like that beautiful stone and a new fabricator who is going to charge a lot more money, and then going to sue and hoping you get a small claims court who follows all this stuff.

    Which is why I come to the same conclusion I stated before. Get a toaster and a potted plant and enjoy what she has, which isn't bad!

  • PRO
    The Kitchen Place
    2 years ago

    Regarding the homeowner being on site:

    1. If you are a Do-it-yourselfer....I'm sorry. You have to be on site more than you think you do. You ARE the general contractor!
    2. And if there's ONE time in the whole remodel that's the most important....it's countertop installation day. My fabricator requires it. If the homeowner can't be there, they need to have someone there to sign off that knows all the details (color, edge, seam locations)...be it the spouse, adult child, neighbor, good friend.
    3. Those that ask for "latch-key remodels" need to hire a general contractor if they want someone in their corner....or have a person 18 years or older in your home to make decisions as they come up.
    4. What I tell my clients. "I know you can't be on the jobsite everyday, but at least try to be there every morning for 15 minutes so my crew can ask you questions and you can ask them questions." I think most people can make arrangements at work to be late 15-30 minutes during a remodeling project.
  • Mama Cita
    2 years ago

    The fabricator took SamTRZ’s deposit, agreed that what Sam wanted could be done, and pledged that, “…part of the process was going to be us giving final approval of the cuts on the stone.” They then completely disregarded the approved cuts. What they did wasn’t merely “not perfect,” it was completely indifferent to explicit agreements. It doesn’t matter why; they should never have cut into that quartzite without giving the OP the opportunity to approve an alternate layout or find a different fabricator.

    I came home during a kitchen remodel to find that incredibly, my new kitchen counters were a completely different type and color of granite than the slabs I’d tagged at the stoneyard. Was it my fault because I used a no frills stoneyard, didn’t have the granite identified in my contract, and wasn’t home when the wrong counters were installed? I think Sam’s counters are gorgeous too, but that’s irrelevant. Sam didn’t get what they were entitled to, and the fabricator owes Sam a remedy.

  • Mrs. S
    2 years ago
    last modified: 2 years ago

    Mama Cita, you make a good point that the OP had the agreement to have final approval, except that I read the OP's post to say that she DID have final approval, but "final approval" amounted to something other than what she wanted:

    The "final approval" turned out to be us having to chase them down to set up a meeting for one of us to physically come into the office. We expected this to be a digital process, but in fact all it involved was walking into the garage and having me point at the parts of the stone I wanted included in the cuts. Their "layout" was just them taping the slabs out later (not with me right there).

    The shop owner would argue that she DID have a version of "final approval".

    I don't see how using the wrong slab in your kitchen remodel is very similar to the OP's situation where the proper slabs were installed, except to the extent that expectations weren't met.

    I do believe the OP is entitled to SOMETHING, but the only thing I can think of that make her situation at all better is some discount.... whereas, in your case, it seems pretty obvious that you deserved the stones you chose, and therefore, a total replacement.

  • louislinus
    2 years ago

    To the OP - I just wanted to say that I’m sorry and it still looks great to my eye. But I also know that, if it were me, every time I looked at it it would piss me off. Maybe it would fade over time but I understand your feelings.

  • bry911
    2 years ago
    last modified: 2 years ago

    These stones were wrong when they left the shop and no amount of being on site was going to change that. Stone installers want you on site so that they can talk you into signing off that the work is satisfactory without giving you a chance to verify.

    I bet you dimes to dollars that if the OP was on site for the install they would have been told it was done right, given some line about the long delay if they don't install now, told that they will have to charge to come back, etc. Anything to get a signature.

    The OP wouldn't have had time to do the investigation to discover a slab was flipped incorrectly on that day, so not being present was probably a godsend. Now they can't say, "if you had a problem you shouldn't have signed accepted," and we all know that is exactly what would happen.

    ---

    This isn't a case of not meeting expectations. The OP has some pretty convincing photographic evidence that it was done wrong. The solution is to remove the stone and try again with the stones the OP has on hold. If they don't want to do that then offering a settlement is their responsibility.

  • TJU
    2 years ago

    Wow. Some of these "pros" are brutal. We "regular" people do our best to make up for our lack of expertise in areas such as this, by doing the homework required to understand the needs of the contract and work. This OP did everything a mere mortal could have done. I'm beyond flummoxed myself that some of these comments defend the fabricator. What they did was, IMO, very revealing of their own lack of understanding. It wasn't as if they used a dull blade, or messed up a seam, or measured wrong, or broke a piece. They deliberately turned around the template 180 degrees. They made to cuts correctly, but the fact that they turned them around indicates to me they had NO understanding of the result of that decision (striations would not be as anticipated). That to me anyway, is more indicative of a lack of intelligence, bordering upon negligence. NOT an attempt to save a design that was challenging from the get-go.

  • PRO
    JAN MOYER
    2 years ago

    Ever been to the back cut an polish, filthy floor - muddy and water logged area in one of these shops? Ever seen the cut and polish guys working in there, in their yellow slicker raincoats ? Experienced the deafening roar of polishing? They have a learned skill set, but they hardly look like brain surgeons. When something is THIS important to you ? You make it THAT important to them.

    " I was not given any photos of the taped slabs, or asked to sign of on any final plan".

    You ASK and make sure you see, before the cut. Sucks, doesn't it?


    It is indeed unfair, that in the most professional of shops, an owner or supervisor can only be in so many places at one time. Is that fair and just? No, it is not.

    As of right now? You are lucky if the shop has ANYONE who shows up to cut and polish. If this goes anywhere for this OP? Even in small claims? I will buy her a really great lunch.

    You can't "check/double check" deep and wide enough......ever.' Sorry. I wish I had the hours that go into doing "check, this, double check, are you SURE you understand ??" and it is days and hours. Believe me. Sorry. ......really. : )

  • bry911
    2 years ago
    last modified: 2 years ago

    I honestly don't understand this defense.

    Checking, double checking, being on-site, insisting you get to see the slabs taped before they are cut, etc. are great ideas to keep you out of conflict resolution. However, it doesn't relieve anyone else from being competent. This whole thing is just a tame version of blaming the victim... the kitchen counter version of, "she was asking for it!" It is complete B.S.

    The OP has convincing photographic evidence it was done wrong. Nothing is guaranteed in small claims, but this is about as easy a win as I have ever seen. The only defense that the fabricator has is, "we were never instructed to do it that way." Every other defense is an admission that they received the instructions and didn't follow them... they may not have to guarantee the results are as desired, but they do have to guarantee that they did as they agreed.

  • Mama Cita
    2 years ago

    Say I agree to paint llamas on your ceiling, and you send me pictures of llamas, call me repeatedly about llamas and come to my shop to talk some more about your dang llamas. If I paint unicorns instead, that’s on me.

  • PRO
    User
    2 years ago
    last modified: 2 years ago

    Say you want llamas painted on your ceiling with some radioactive radium paint your grandfather had left over from the 50’s. And you have to get an unlicensed handyman to do it, because no actually qualified professional painter would touch the job with your specifications. And now you're not happy because it the llamas are just kinda blobby and ugly, and it sets off the geiger counter.

    The minute you start instructing a professional as to how to do the job, is the minute that a professional declines the job. All that’s left to do it the wrong way that you want is the inexperienced and cheap. Who do an inexperienced and cheap job.

    This is a very predicable result from non bookmatched slabs and diagonal seams. Both are physical barriers to achieving the best project result. But the OP didn’t do real research, or he would know this about stone fabrication.


    Instead, he bulldozed right into the stone guy with the pictures and diagrams with the circles and arrows, and the stone guy didn’t have the experience to know to say no. He has some better experience now, you can bet. Someone who has the need for that much control over a job needs to learn to do the job themselves, to industry standards, and learn from their own mistakes. Too expensive to do their own stone fabrication? Then hire the best guys in town. Not the worst, but the most malleable putty in your hands.

  • bry911
    2 years ago

    Usually when people post on this site they immediately get a "but for" argument instead of meaningful help. But for arguments are fallacies and worthless, but some here love them and jump at every opportunity to throw them out there.


    The problems with "but for's" are that there is always another one and they only exist to move blame away from where it belongs. Why stop at the OP hiring the wrong pro? But for the OP being on a budget this wouldn't have happened. But for the OP not being rich the OP wouldn't be on a budget. But for the OP's parents not founding a tech company the OP would be rich. So ultimately his or her parents must be to blame for this counter install because they didn't start a tech company.

  • raee_gw zone 5b-6a Ohio
    2 years ago

    I've been following this forum since about 2012. Over and over I have seen the advice from kitchen designers and other fabricators to: mark the slabs chosen; show the fabricator which parts you want used; approve the taped off design; be as specific as possible about what you want. Others who have followed that advice have not reported pushback from their fabricators.

    That is not telling the fabricator how to do his job. It is telling him what is the job you have hired him for. Most workmen appreciate knowing clear expectations - and if they can't to it, then, yes, they need to say so instead of taking the job.

    And if those slabs aren't mirror images, what would you call them?

    Stop blaming the OP. The fabricator said that his shop could do it.

  • Design Lover
    2 years ago

    Sorry this happened. Personally based on my experience I would not pay them and tell them the remaining balance is in trust with a lawyer for when they complete the work as it was designed and agreed upon. If they want the money it is there for them. Also when they finish have them sign off with the lawyer they will not lien the property.

  • raee_gw zone 5b-6a Ohio
    2 years ago

    samtrz, I hope that you will come back and let us know how it all pans out.

  • Sarah
    2 years ago

    I'm so sorry this happened to you. We're building and I too am shocked by how many important details are just ignored or performed incorrectly. Your situation sounds like a horror story and I would be livid in your position. I'd be interested to hear what, if anything, you decided to do about this. If you end up going to court and find yourself in the unenviable position of having to explain this very complex situation to some judge who knows nothing about countertops or stone, I'd be happy to help critique your messaging so as to make it as understandable as possible to a layman. I'm a UX designer, so I might be able to help. And I'd be thrilled to help bring justice to this ridiculous situation!

  • atananbaum
    2 years ago

    As usual, there is a lot of blaming the consumer on this forum by the pros who habitually post….Despite the pros’ superior knowledge vis-à-vis consumers and despite many consumers’ attempted diligence around being thoughtful and careful. What I especially dislike is the sense that you’re not entitled to the beautiful results you see on Houzz forums if you haven’t spent huge sums with architects, designers, colorists, and other high-end consultants. To be sure, these professionals can be worth their weight in gold, but the ‘let them eat cake’ attitude for the rest of the unwashed plebeians is cold and harsh. Where’s the empathy, folks? That being said, and despite Samtrz’s diligent efforts, I do think she made three unforced errors here. First, how many times does a fabricator have to warn that a job won’t be perfect before you internalize that you will not get what you ordered? He didn’t just say that all natural stone is imperfect; he told you that your specific design would not be perfect. Samtrz was on inquiry notice to unpack that statement. Second, the fabricator indicated he had no previous experience with the requested bookended installation (and by the way, its still not clear if the slabs actually were bookended; the parties made opposing statements on that score, though I take the point that had they followed the consumer’s instructions, Samtrz would have been happy). Third, Samtrz wasn’t at home for the install, which frankly I just can’t fathom for something so expensive and important to them. None of this is to say you don’t have any potential legal recourse, Samtrz, and surely the moral blame is on the countertop fabricator/installer. But surely there is some blame here to go all the way around. It ain’t one-sided, folks.

  • atananbaum
    2 years ago

    Samtrz makes one additional point that resonates with me: the level of professionalism and attention to detail from average home remodeling contractors/subs/vendors/installers IS shockingly low, at least as compared with what you find elsewhere in our skilled economy. You even see this all the time on cable TV home renovation or house flipping shows—instructions not followed, backwards installs, failure to secure materials or the site, half-assing it on grout lines and the like, etc. Skilled, thoughtful artisans are worth their weight in gold!

  • samtrz
    Original Author
    2 years ago

    Fwiw, this wasn't a case of us just picking the low-bid contractor. We had referrals from people (some professional) they've done good work for, we got a good handful of competing quotes. This one was about in the middle. And again, the technical merits of the install aren't a problem. The corner seams are well joined, its the cuts that are wrong and the attendant lack of communication.


    We're still working with them on a resolution. One of the owners finally came yesterday to look at the install in person and we chatted for a while. They walked a line of acknowledging our dispute without exactly accepting responsibility. They have expressed a desire to make it right, although we don't yet know what form that will take.


    Curiously, they do use computer templating, so it's unclear why the person who met with us to do the layout kept talking about physically taping out the slab.


    Hopefully we'll know more soon.

  • samtrz
    Original Author
    last year

    Took a while, but we seem to finally have a resolution. We had offered to pay half the outstanding balance and then heard nothing at all from the contractor. Now seven or eight months later, I got an email with an updated invoice for the amount we offered and a request to pay, which I then did. It seems as close to a fair resolution as was possible under the circumstances, so good to put it behind us.

  • PRO
    Joseph Corlett, LLC
    last year

    Thanks for letting us know. There was no way they could cost effectively collect the whole amount; it just took 7 months for them to realize.