First - please excuse any typos in this comment. Ever since the last IOS update, my iPad/iPhone autocorrect/predictive features no longer work on Houzz. Also, things will freeze while I’m typing + words will be repeated for no apparent reason. Periods are no longer automatically added after double spacing + words at beginning of sentences aren’t automatically capitalized. Oh - and contractions are no longer automatically made - so, you may see s ”cant/wont/ive” instead of ”can’t/won’t/I’ve.” It’s a HUGE pain - and makes me not want to post comments because it takes a lot of extra effort.
I have been in and out of the stupid hospital again. Usually, I spend more time on Houzz when that happems be ause I’m SO BORED - but I was feeling particularly lousy so I didn’t. i apologize for not commenting sooner. I was a little ”anxious” about clicking on this thread - was hoping for the best - but expecting basically what actually ocurred.
I agree with everything you posted above re: what you want far as a resolution. I was going to only add something about finding your OWN repair person - but then I read more and saw that the attorney from your husband’s work already mentioned that to you.
A few thoughts -
Remember what I’ve told you previously - just b/c you’ve installed your countertops doesn’t mean that they are relieved of ANY OBLIGATIONS! You went ahead and installed them because you RELIED on their promises (legally binding) that the cabinets would be fixed to YOUR SATISFACTION. You had every right to go ahead with the installation in order to have a functioning kitchen. I guarantee that the manufacturer’s attorney is fully aware that in the event that you decide ”enough is enough” - and tell them that you want your money back - there now is a very possible added expense of replacement countertops.
I’m really unsure about how long it will take for the attorney provided by your husband’s employer to get back to you. While she should treat you the same as if you were a direct paying client, I can only imagine how much work she has to do for whatever compensation she’s paid in this arrangement. Obviously, everything is done for reduced fees. If she’s billing out at $500/hr vs. receiving a monthly fee of $10,000, she would be more motivated to work faster probably. FYI - I just made up both of those numbers - although I am in the Midwest also so I am able to make an educated guess about hourly billable rates - I have no idea how experienced she is. If she (or her firm) is paid a monthly fee, I truly nave no idea about how much it might be. I have always billed on the ”.10” system = I have to keep track of every 6 minutes of my day - and yes, it’s what I dislike most about being a private practice attorney. I’ve always been jealous of areas where it’s acceptable to bill in 15 minute increments - life would be much easier - e.g., two five minute phone calls + two quick reply emails = 1 HOUR of BILLABLE TIME . . .
Okay, I’m back - got distracted fantasizing about moving to Texas . . . Off topic - if you have to retain an attorney, pay attention to the terms of engagement. In addition to wanting your attorney to bill in six minute increments instead of fifteen minutes, you also want your attorney to bill ”per task” vs. using ”block billing” (you want your bill to read like this - “6/22/21: telephone conference with M. Smith and J. Jones re: terms for letter of intent (.80); prepare initial draft of Covenants, Conditions, and Restrictions Agreement (1.4); prepare correspondence to L. Johnson (landlord’s counsel) re: outstanding issues under development agreement with the City of Chicago (1.9): total 4.1 hrs.” - NOT like this: ”6/22/21: ”Review file and draft documents: 4.1 hrs.”).
At this point, it is COMPLETELY REASONABLE for you to contact the attorney and ask for an update. Two weeks is a bit ridiculous. If I met with a client who had a pressing issue, and was silent for two weeks, it’s likely that I would no longer have him/her as a client. If I’m actively working on a transaction for a client, there will always be some type of communication before two weeks have passed. It may be a two or three sentence email giving a short update (e.g., ”I just wanted to let you know that I‘ve been unable to reach [insert name]. I left voicemail messages on 6/10 and 6/15, but did not receive a return call. Attached below is a copy of the email I sent late yesterday afternoon. If I do not hear back by close of business tomorrow, I will call you on Thursday morning in order to discuss what our next steps should be.”) Free legal services aren’t worth much if nothing is done to address your issues.
If I was your attorney, I would have prepared a demand letter (i) outlining an acceptable resolution, and (ii) providing a “drop dead date” that must be met. I would explain that, in the event the deadline is not met, we will puruse all available legal and equitable remedies. I would address the letter to both the manufacturer and the retailer. I would make it clear that, in the event the demands are not met by the stated deadline, the retailer will be a NAMED DEFENDANT in the filed legal action. The retailer needs to know - under no uncertain terms - that you hold him/her/it responsible to remedy this situation.
Q
Cleaning recs
Q