Contractor refuses to move forward with completing job as per contract, including the repair of admitted defects in material and labor.
Contractor is essentially extorting a requirement for a written approval for work that has been completed for shower tiling and granite, inside the shower surround area, before moving forward with the completion of other contractually obligated work, including the repair of substandard work or materials damaged by the contractor's subcontractors or employees. This contract had a start date of Sept 16th with a projected finish date of 3 to 4 weeks. It has now been 8 weeks with significant amount of work and repairs to be completed. It has been nothing but constant apologies for the work of others during this period of time. In the latest email notification to the contractor, we requested he move forward with the other work that needs to be completed, which has no impact on or anything to do with the work in the shower area, excluding the completion of granite and tile notches or cut-outs where a shower glass surround would fit. These notches or cut-outs need to be completed in order to get an accurate measurement for the glass and to ensure that if there is any damage during the process, it can be repaired prior to the ordering of the glass, since any repairs to the damage could impact the measurement for the glass.
There is a tub skirt requiring completion, floor tile polishing and replacement of a damaged tile, texture and caulking touch-ups, the completion of faucet installations and the finishing of painting as had been mutually agreed upon. None of these remaining items have anything to do with the contractor wanting approval of the tile/granite work in the shower enclosure area, which the contractor is requiring in order to move forward with the ordering of the shower glass. Yet, the contractor has stopped all work. If needed, all email and texts exchanges throughout the past 8 weeks can be provide, as evidence of the issues encountered.
Immediate completion of remaining work in compliance with the terms of the contract in a professional and workman-like and diligent manner, meeting the standard of quality of which was boasted during the contractor's sale discussion or implied in the contractor's marketing materials. The contractor is to extend whatever resources are required to complete the work as he would have to complete the project in the original projected time of completion.
In no area of the contract, either literal or implied, is it stipulated that the consumer is required to provide an approval of work that has been completed for the contractor to move forward with other work that is contractually obligated to be completed by the contractor.
We are within our 22 day time frame to respond and have elected to respond via the email option at: **************@dallas.bbb.org.
Our response to the allegations, supporting documentation along with our our proposed resolution are contained there.
We are ready to work with the complaintant and to schedule the remaining 2 days worth of work remaining to bring this project to a conclusion.
We will follow the lead of the BBB to come to a resolution.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
This is not satisfactory. It is factually incorrect as well as contextually misleading. There is damage to floor tile,e.g. chemically stained as well as substandard installation of tile in the shower as well as on the floor. The Contractor has caused additional damage to materials by trying to remedy the substandard tile installation by grinding surfaces, but this remains in an incomplete state of repair, unpolished and considered damaged until remedied. Other damage to faucets, such as stripped handle set-screws have been replace by the homeowner. Since there is only a limited time for the Complainant to respond, we are unable to detail and rebut on a point by point basis the submission by the contractor so we will limit our comments to these facts. The tile subcontractor was removed do to substandard tile work, for muddying the carpets, and not controlling the dust from grinding/cutting tile inside the home. There was a complete lack of a viable effort to maintain a clean homeowner's living environment. The granite subcontractor's work has been substandard, placing granite directly over top of newly placed tile work, improperly measuring and then drilling faucet plumbing openings that had to be re-bored, and ill-measuring cap granite for installation on pony walls. Payment was only delayed until we could speak to the contractor as to what was causing delays and for corrections to substandard work. The fact remains that the contractor had received 50% of the total value 3 weeks in advance of them even beginning work, and then the work proceeded at a snail's pace, even failing two (2) code inspections, causing more of a delay. Payments were said to have been spaced in accordance with the projected progression of work however that was a gross underestimate of the contractors progression in relation to work actually being completed. Also, it is not the normal practice for a contractor to demand a written acceptance of work and to tell his crew to stop work on completely non-related tasks and leave the job site. This is leveraged extortion, e.g., the homeowner either provides a written acceptance of questionable work in one area, or the Contractor pulls his crew and does not proceed to finish other work completely unrelated to or impacted by the area of acceptance demand.
As we stated before, we want to proceed and the Contractor can move forward with completing the remaining work, including the repair/resurfacing of tile and grout lines in the shower and on the floor, but excluding the glass shower enclosure installation. However, based on the past history of work progress, we do not believe there is only two days remaining of work to be completed. If the Contractor is diligent, completes the remaining work including the repairs and resurfacing of the shower and floor marble tile and the replacing of the single stained marble floor tile, it is estimated that it will take the Contractor in the neighborhood of five days. If it takes less, we will be appreciative, but we will not be boxed into a corner with the expectation that there is a limited two day window in which to complete all that is needed to be done. We are willing to overlook other damage that either the Contractor's subs or own crews have caused, such as literally spray painting newly planted shrubs and rock landscaping with latex paint, breaking a quartz chess piece, scrapping newly painted walls in the master bedroom with work materials, etc.
With the holidays upon us, the earliest that the Contractor can return to complete his obligations will be after the first week in January.