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What to do?

kmrsy | Posted in Business on November 9, 2003 02:02am

Hi, I’m visiting from another TP forum.  It appears that many of you are contractors.  At the end of May I hired a local contractor to make new cabinets for my kitchen.  He said he could have it done by the end of June and I put 1/2 down.  Since then it’s been one problem after another.  He had to move someone ahead of me – the lazy susan hasn’t come in – I’ve been sick – my dog ate my glasses.  From Oct 9-21, every day was some version of I’ll start tomorrow.  He finally showed but getting work out of him has been has been very difficult  Problems include employees getting hurt so he spends the day with them at hospital, bank accidentally closed his acct so he spent the day trying to fix it, employees didn’t show up.  He or his employees performed some work 10/22 & 28 – the 28th the sink was removed and I still don’t have it back!  After not showing several days I went to his house last Sun, got him out of bed at 7am. I could go on and on.  The good news is that they’re on top of it now because I lied about a party I had planned.

My question is:  What recourse does a client have in this situation?  This was a reputable 40 yr old company, but was purchased last year by this man.  Still, I expected some professionalism from someone who was able to buy such a company.  His price is good and I don’t want to sue and I think it will eventually get done.  But I want to know, what do you suggest to people who get in such situations?

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Replies

  1. xhammerandnailsx | Nov 09, 2003 02:22am | #1

    Don't recommend him. Let him know it.

  2. Schelling | Nov 09, 2003 04:12pm | #2

    "But I want to know, what do you suggest to people who get in such situations?"

    Sorry. You should have hired us.

    1. reganva | Nov 09, 2003 04:48pm | #3

      What a nightmare!  The best experiences I have had with contractors are the ones that do a lot of work in my neighborhood and are recommended by more than one friend, neighbor, relative.  These guys are usually busy and aren't always great at returning calls or getting back to you on something, but once they commit to doing something, they do it.  Could you tell this guy not to come back and hire someone else to finish the job?  I would not have put up with that for so long.

      1. calvin | Nov 09, 2003 05:01pm | #4

        rich, it's hard coming into an unfinished job.  Eventho the previous goofball alienated the homowner, you still hear "well the other guy said...".  And conversely, it gives the next unscrupulous builder an out as he assigns blame on the one that started the job. 

        I don't know what recourse the original poster would have short of holding continued pmts until the job is done.  Wanted half down b/4 start......... disreputable..........probably wanted another chunk when the cabs were delivered.  Hopefully you have only given the initial pmt.  Money talks.

        Remodeling Contractor just outside the Glass City.

        Quittin' Time

        Edited 11/9/2003 9:58:21 AM ET by calvin

  3. andybuildz | Nov 09, 2003 05:05pm | #5

    Here in NY the law is I have to keep the deposit in escrow for I think it's 90 days in case I do something wrong I guess.

    Spose to have biz acct to keep it in as well..not a personal acct.

    I think if someone asked me for their money back it might just jolt me...and a certified notorized letter to that effect next might jolt me even more.

    Have fun.sorry for your headaches.

    BE well

              andy

    My life is my practice!

    http://CLIFFORDRENOVATIONS.COM

    1. kmrsy | Nov 09, 2003 06:17pm | #6

      Thanks for all of your input.  This company did my friend's cabinets and did a beautiful job for a fair amount less than the competition bid.  I knew much of my work would be custom because of its awkward dimensions and an addition of new cabinets where there previously had been none.  I (stupidly) assumed that the new owner would carry on the quality and expedience that the original owner had because the original owner was willing to allow the new one to use his name and the new one must have built a reasonable reputation to afford to take over the huge showroom and facilities.

      Because I lied about an imminent party, they did their best to get most of it put together by last night.  They are supposedly coming back this afternoon to finish, but I know it can't be finished today.  I've looked over what they've done and made a checklist of what needs corrections.  But at least we are getting closer.  I did give him another 1/4 payment because we had agreed to it.  Also because if I didn't, I knew his employees would possibly back out of helping him because 2 of them had privately told me he hasn't paid them in quite some time.

      I will not pay the final installment until every last item on my list is completed satisfactorily. 

      1. FastEddie1 | Nov 09, 2003 08:02pm | #7

        I don't think you lied in this case.  What you did was fight fire with fire...an eye for an eye...if he had been honest with you, this problem wouldn't exist.Do it right, or do it twice.

      2. Schelling | Nov 10, 2003 12:02am | #8

        "the new owner would carry on the quality and expedience that the original owner had because the original owner was willing to allow the new one to use his name and the new one must have built a reasonable reputation to afford to take over the huge showroom and facilities."

        You have hit upon the reason that businesses are so difficult to sell in our industry. They are very dependent on the business owner's skills and integrity.  There is a good chance that the original owner will have to get back into the business in order to save it. The fact that the employees have not been recently paid is probably the death knell and your down payment merely postponed the inevitable.  The new owner was probably a good tradesman who is in way over his head. It is an all too familiar story.

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