Complaint Category: Failure to honor a contract or agreement
Complaint: We paid for the terms of the contract and have not had the work completed, no one has shown up, and no one from the Bainbridge crew has called us back
We paid for a bathroom renovation, per the terms of the contract. The work has not been completed, no one will call us back to let us know where the items are (ie: cabinets, mirrors, etc). Bainbridge workers tell us they have not been paid by **** **********, so they are not showing up to work. The trades (ie: plumber, drywall trades, electrician) tell us they have not been paid, so they are not coming to complete the job that **** opened. Our project was set for completion on Oct 31st, it is now Dec 26, and I left 4 voicemails, 3 emails to *** (project manager)and he has not called back for an update. We never know if someone is showing up, and the odds are they are not. For the past 2 months, we had about an hours worth of work done each week. Each trade/worker that shows us tell us that they open a job to get the upfront money, then do not go back, and just continue to open our jobs per the contract to get a draw and we constantly call to see what the next steps are. **** has told us he doesn't have the money to complete the job, however we paid per the terms of the contract for the materials, etc to be purchased. It feels like a major scam and our house has been filthy with renovation as the workers do not care and leave everything a mess. We received a text this morning that ***, our main contractor that was occasionally showing up, was faxing in his resignation this am. We are left out to dry at this point and have no idea what ****'s intentions are of completing our project. We need the final steps completed and we need an update as to where our purchased materials are, so that we can look at Plan B.
Initial Business Response
We are responding to the complaint filed by the homeowner to the BBB on 12/26/13. On Dec 4th *** ******** met with one homeowner (the husband) to review all items left to complete project. On Dec 5th a list that was reveiwed with the homeowner on site on Dec 4th was sent to the homeowner and placed on the jobsite (where *** met the other homeowner, the wife, and received plumbing fixtures from ******** the same day) so as to remove items as they were completed and organize what remained into action items needed to complete. He reviewed the list with *** ****** (a Bainbridge Crew carpenter and full time employee) the morning of 12/31/13 and there are not many items left to completed, and the materials needed to complete were a couple pieces of baseboard molding, some 1x material, and some silicone sealant and maybe some caulk. This is, of course, in addition to the referenced cabinet above toilet and the glass from ***; the etc mentioned in the complaint must be referring to the couple pieces of baseboard trim, silicone, and 1x material for a door jamb. As of 1/2/14 at 4:20pm, ***, the carpenter working to complete the project since 12/31/13, said there were only a couple items remaining of the attached list to completion. *** will be back out to complete these items Friday 1/3/13 and should finish these items by close of business Friday.
The complaint makes claims that the electrician (****** ******, our licensed electrician and an employee on payroll) hasn't been paid, that the drywall subcontractor hasn't been paid (which the homeowner knows he was, even though he - the drywall subcontractor - shook the homeowner's hand and said he was done; there were spots all over that we - The Bainbridge Crew - have since touched up), and represents *** as "the main contractor" when he in fact was our employee. We would like to have supporting evidence provided by the homeowner to validate these claims.
Also, in the complaint there is reference to a major scam (because we haven't provided mirrors and a wall cabinet above commode), when the items in question account for approximately $500 out of a $32,000 remodeling project.
The homeowner was willing to pay for the mirrors directly through our vendor, which we were willing to accommodate and deduct from the money outstanding on the agreement (this will be approx $300 for both mirrors) so as to complete the job immediatley; the homeowner withdrew that offer as of Monday 1/2/14 and stated that they would wait for us to pay vendor to install the mirrors. The mirror molding, which will be used to trim out the mirrors in the same finish as the cabinet, has been on site since the vanities were delivered (approximately mid November) and can't be installed until the mirrors are in.
All timesheets for December were pulled from accounting to address the statement "in the past two months, we had an hours worth of work done each week". Since Dec 18, 2013, this is the labor that has been logged on this project: *** ****** worked for 8 hours at *********** on Wed 12/18; On Thurs 12/19, *** ******* worked for 4 hours at *********; On Fri 12/20, *** ******* worked for 5 hours at *********; ****** ******, our electrcian, worked for 1 1/2 hours at ********* on Mon 12/21; ****** ****** worked on Mon 12/23 for 2 hours - these were just the timesheets for the last two weeks. *** ****** has also worked at ********* Tues 12/31 for 8 hours and scheduled for today, Thurs 1/2/14, for 8 hours and should be able to complete all items on the punchlist (attached with strikethroughs for work completed at of 12/31/13) by close of business tomorrow Friday 1/3/14 with the exception of the cabinet above toilet and the mirrors that have been referenced in this response.
The first two lines of the complaint state "we paid for the terms of the contract and have not had the work completed..." in the first sentence; "We paid for a bathroom renovation, per the terms of the contract." The agreement was for $32,000. the amount of the deposit and draws paid to The Bainbridge Crew to date (as of 1/2/14) has been $26,000. That left a balance of $6000, which was to be paid at countertop installation ($5500) and completion of project ($500) as per the draw schedule on the agreement. The plumbing order was $5300.45, and the client paid for this directly through our vendor at our builder cost, and we agreed to deduct the $5300.45 from the money owed on the contract so as to make sure the homeowner did not spend any additional money outside of the $32,000 we had agreed to initially. We can provide a receipt from ********, our plumbing supplier, should the BBB like to review this supporting document.
The amount remaining to the agreement should be $699.55, minus the out of pocket expense paid by the homeowner to the plumber to complete the trim out of the bathroom (which the homeowner stated was $400 - we do not have a receipt for this, but will have to have one so as to deduct the amount from the plumber's final invoice). Please note the plumber had already been paid for the plumbing rough in, which is 60% of the purchase order value that was paid after rough-in work and rough inspection was done, as well as to do additional work that was required at rough in to meet current buidling code. Known in the construction industry as change orders triggered by unforeseen or hidden conditions, these can be very costly for a homeowner; in this instance, we did not charge the homeowner any additional money for the extra plumbing work, but the plumber itemized the additional work and charged us $683.25 as per the invoice submitted by plumber on 9/30/13. In summary, that should leave $299.55 for the balance owed once the project is complete. If there are any more items the homeowner has paid for directly that we have omitted, we will adjust response with any of that updated information.
Lastly, when the site visit and notes were made by *** ******** on 12/4 and 12/5, the jobsite was broom swept and in good condition, as were the hallway, the bedroom, and the closet. No mention was made by the homeowner of a messy jobsite; on Dec 5th *** ******* removed the cardboard from the cabinet boxes that were broken down and stacked in the garage and hauled those away, so the only "debris" left on site were approximately 3 or 4 boxes of large field tile (12x12's?) and 2-3 boxes of smaller field tile (6x6's?) - approximately of $500 in unused tile that we paid for but offered to allow the homeowner to keep for future use. We will remove the tile from the garage and return for store credit with our vendor if the homeowner does not wish to keep the tile. Paper and plastic has been at the job site to protect the stairway and floor finishes since the project began with demo and protection was in place as of meeting on 4 Dec 13. Also, all items that were reviewed and posted at job site since walk through were reviewed in detail with the homeowner on Dec 4 to make sure everything had been accounted for.
We have every intention of providing and installing the cabinet above the commode and paying for the mirrors to be fabricated and installed, and hope this information being provided to the BBB is adequate to assure the homeowner of our intention to complete these small items, and apologize for the time to completion it has taken thus far. Also, we would encourage the BBB to view the images of the project taken to date so as to weigh whether this is a scam or a custom master bath addition (five piece master bathroom added to existing interior space) that took longer than scheduled and was delayed to completion due to some cash flow issues at the end of the project.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I want to be clear on the terms of our project. It commenced on 9/16 with a completion date of 10/30/13, a 6 week project. It is now 1/3/2014, 15 WEEKS LATER and we are still NOT complete. If it wasn't' for our relentless follow-up and the fact that we hired our own HVAC crew on 10/4 (Money issues were evident at this time, although we took ****'s word that things would continue per the terms of the contract, which I will gladly supply supporting the issues I am currently going to address), WE PAID for the plumbing materials OURSELVES from ******** on 12/10 (below it states that Bainbridge has the invoice--they may have a copy of what we were forced to purchase directly ourselves, as I'm certain this would still be outstanding to date 1/3), and paid the plumber to complete the outstanding items (as our bathroom was in complete disarray since 9/16) we would still be waiting on a functional bathroom. We had to pay for the items ourselves from ******** as Bainbridge could not come up with the money ($5,387), although we paid **** $11,000 on 8/19/2013, to be used for these "rough materials"-- see contract. We also paid the plumber directly, as he was NOT willing to come back, since Bainbridge owes him approximately $7K that they still have not paid him. Obviously he did not wish to work for free, so we contacted him directly as we needed a functional bathroom. Since the onset of our project, employees ***, ***, & ****** have left, as their checks bounced and they were not confident that they would be paid for work. ******, ***, ****** and *** have absolutely had checks bounce and all were extremely upset that they wouldn't be able to buy Christmas gifts for their families! They were all very upset and vented to us after I would ask if I would see them the following day--they could not confidently tell me, since they also did not want to work for free. It became a joke, so much so that when *** would show up, he didn't do much, knowing that he had one foot out the door (He told *** otherwise, but I have been here every day and have witnessed the absurdity of this project). They would tell us that they had to go to ****'s bank to cash the checks (if they could even cash them), since they would bounce at their respective banks. We had to wait until mid-November to get our cabinetry, due to the fact that Bainbridge could not PAY for them, again our project was set to complete on 10/30.
The fact that Bainbridge cannot come up with the money to purchase our mirrors (approx. $300) and cabinet (approx. $300) shows that they are in a serious crisis and just "opening/starting" projects to get the initial draw, with no intentions of honoring the terms of the contract (again, we provided the funding for this in October, our mistake). Had we not paid the plumber and contacted him directly or paid for the materials, we wouldn't even be close to completion--how can Bainbridge confidently say that they will complete our project with $600 for the outstanding items if they couldn't even pay the plumber the remaining $400 that was due to him 3 weeks ago??? Every employee of Bainbridge's that has walked through our door has made mention to the fact that there are numerous upset clients. There has been continuous turnover and we didn't know who our actual Project manager was, as ***, ***, ***, ******, and ***** would ask me what was complete/not complete and when their employees were here at my house. NO ONE took ownership of our renovation. I called *** 4 times the week of 12/16 and sent 4 e-mails asking about the cabinet/mirrors, of which he told us were ordered back in October--none of my calls/emails were addressed or answered. We have felt like the General contractors of our own project, as we are forced to contact the trades directly and pay directly---absolutely ridiculous and completely unprofessional and unacceptable. We ONLY did this to alleviate the stress involved in having a non-functional bathroom and the fact that we had a new baby on 10/10. Our project was to be completed on Oct 30th. We are STILL waiting on the Mirrors and Cabinet and the punch list, again which were paid for in September. Of course we are not paying for the mirrors, it in NOT our responsibility, it is Bainbridge's, and we are truly sick and tired of picking up their slack.
The time sheets that were pulled do not accurately reflect what occurred, *** was here approximately 45min-1 hour, and set out to get "supplies" that we never saw. As far as debris, etc, we had to ASK for it to be removed--this is not customary, Bainbridge should remove without our telling of something so obvious. I personally removed all of the lighting boxes and some other excess trim from our bathroom, again, as we needed this space to live. The plastic that was put down on the floor was a nightmare to remove--I took this off and took a picture to show that I spent approximately 4 hours removing it over the course of 3 days as we had family coming in for the holidays and it looked atrocious. Because of the longevity of the project, the glue literally melted into our floors (I told *** this when he was here and he saw it as well). I took it upon myself to remove since I knew it would be another 6 weeks if I asked Bainbridge to remove. We tried to do as much as possible as the homeowner to complete this project--we were here for the inspectors when *** said he needed to be at other job sites, my Father cut and put the flooring in the bathroom for the Drywall crew since the floor was completely exposed and they told us they would need to reschedule for the following week (we did not want to delay the project). The piping was exposed and they would not hang drywall in those dangerous condition, my husband helped carry in materials, etc. The headache and time spent ensuring our project will be completed is draining, exhausting and unacceptable. There are still items on the checklist that need to be complete and other items that will need to be re-done. I will be making that list as well, since *** left at noon today and I need to review the work completed.
We DO NOT want anyone else to be fooled, our project is certainly not complete and we do not have any firm dates from Bainbridge as to when we should anticipate completion.
Final Business Response
From: *** ******** (mailto:****************************)
Sent: Friday, January 03, 2014 9:07 AM
To: ***** ****
Subject: sending attachment for response to ********* ****** complaint
Good morning *****,
I am sending the attachment of items remaining with strike throughs of what has been completed as of 12/31; I am also going to send an updated list of items left as of this morning once *** ****** updates me to what is left and forwards me photos of job as of today as well.
I will send them today once I have them, but I sent in the response through the link the BBB provided and you should have had that around 5pm last night.
*** ********, CR
The Bainbridge Crew
We are still waiting on items from the punch list to be completed--ie: mirrors, cabinet, etc--no one has called --of course we followed up last week, but it has taken Bainbridge 2 weeks to ask us to pay for our mirrors--absolutely ridiculous, they should not be able to conduct business this way. A complete disruption to my family. Not to mention an inspector showed up last week, of which they did not mention to us. The awful cycle continues, and we still have no confidence that our project will ever be 100% complete.
Complaint Resolution: Company agreed to arbitration in accordance with their BBB agreement, but the consumer declined.