Business agreed to rebuild master bath for $4,958.78. Business ruined both uniquely sized tub & newly installed countertop, then abandoned job.
Restoration Logistics ("Business") is a general contractor. Through its representative ***** ******, Business agreed to complete parts of the rebuild of the master bathroom in Consumer's residence at a cost of $4,958.79 as set out below. The job was partially finished when, on August 3, 2013, Business's tile layer both Consumer's uniquely-sized bathtub and it was also discovered that the tile layer had gouged the new laminate vanity countertop recently installed by Business.
Item Extension Comment
P-Trap assembly - ABS plastic $47.06 Not done
Plumbing fixture supply line $45.33 Not done
Detach & Reset Sink - single $111.48 Not done
(Install) Cabinet **** or pull $17.80 Not done
(Install) Toilet $156.10 Not done
Mirror - 1/4" plate glass $228.48
Countertop - post formed plastic laminate $200.75 Gouged by Business's tile layer
Detach & Reset Shower faucet $60.53 Not done
Cement Board $555.73
Tile tub surround - up to 60 SF $790.80 Not completed
Bath accessory $85.23 None installed
1/2" drywall - hung, taped, floated, ready for paint $167.97
Painter - per hour - to pain sic and mask the bathroom $190.56
(Install) Tile floor covering $208.68
Add-on for diagonal tile installation - floor $91.44
(Install) Ceramic Tile Flooring - Installer - per hour - wall tile 3ft $213.75 Not Completed
Insulation - Labor Minimum - between units $119.41
Carpenter - General Framer - per hour - framing additional shower and 1 stud for wall $106.04
(Install) Cabinetry - upper (wall) units $87.47 Not Done
(Install) Vanity - Deluxe grade $249.90 Not Completed
Haul Debris $64.58
Sub-Sub Total $4053.63
Materials Sales Tax @ 7.960% * $988.65 $78.70
Overhead @ 10% $413.23
Profit @ 10% $413.23
Consumer and Business had multiple contacts regarding these and other issues between 8/3/13 and 9/4/13.
Business gave Consumer to tile layer's insurer re the ruined tub and countertop, but would not provide contact information for Business's own insurer. Business's tile layer's insurer asked Consumer for additional information, which was provided to both Business and Business's tile layer's insurer on 9/4/13. Business's tile layer's insurer responded by email on 9/4/13 at 1:38p "Recd your info, will review in the next couple days." Nothing further was heard from Business's tile layer's insurer until a voicemail was received on the evening of 10/14/13 repeating the identical request for information already provided 9/4/14.
Also on 9/4/14 Business asked for a meeting. Consumer replied by email asking that several questions previously asked by email be addressed prior to meeting. Business's representative ***** ****** responded 9/4/13 at 10:19 AM, "I will tomorrow when I get to the office. Thanks."
The next contact from Business was SEVEN WEEKS later, on 10/22/13, when Consumer received an invoice from Business $6,158.68 for "completed structural repairs."
Having received no response within a reasonable time from either the Business as it stated, by "tomorrow" (or 9/5/13), or from Business's tile layer's insurer as it stated, "in the next couple days" (after 9/4/13), Consumer hired other contractors. The replacement cost of Consumer's uniquely-sized ruined tub and countertop, plus the cost to Consumer of hiring other contractors to complete the portions of work not or improperly done by Business, EXCEEDS any sum due to Business for work properly completed.
Consumer attempted in good faith, but unsuccessfully, to reach a resolution of these problems with Business.
Business failed to complete and abandoned the job.
Business unreasonably delayed the completion of the rebuild of this bathroom knowing that Consumer's only other home bathroom also had been damaged by water and mold, that such mold was causing Consumer health problems, and that remediation and rebuild of that bathroom could not begin until this master bath project was completed.
Invoice for $6,158.68 voided and offset Business claims for any work properly completed against (1) damages caused plus (2) work properly completed plus (3) Consumer's cost to properly complete project.
Restoration Logistics completed mitigation/asbestos work for the client. Restoration logistics then began work on repairs to the home of ****** ******. All work was going great on the home and client was very happy. On or about August 6th during the tile phase of the job, tile was installed on the ceiling above the tub. Shortly after that the tiles became dislodged from the ceiling and fell into the tub and chipped the tub. On August 13 it was determined that since the tub is an odd shape and size, a replacement tub could be found. The company offered to have the chips refinished, but Mr. ****** declined. He instead asked for the tile company's insurance so that he could file a claim. ****** has done this. Around that time he asked if we would complete his second bathroom. We declined that job as the client had workers took a long time and the job was never running smooth because of clients contractors. Since that time several attempts were made to contact Mr. ****** to discuss completing the job. He did not return the calls. On October 16th we sent the home owner a final invoice. It is still our intent to finish the work and do what's needed to keep our client satisfied.
1. Has the matter has been satisfactorily resolved? No, the matter has not been satisfactorily resolved.
2. If this matter has not been resolved, please specify what issues were not addressed. The issues not addressed by the business's response are at least:
RL's response fails to acknowledge that its original bid of 4/17/13 was for mold/asbestos remediation and rebuild of both my master and hallway bathrooms; promising (until mid-August) that it would also complete the second bathroom "by Christmas."
RL's response fails to acknowledge that the final agreed price to rebuild my master bathroom was not $6,158.68, as I am being billed.
RL's response fails to acknowledge the itemization in my BBB complaint of work not done, improperly completed, or damages caused that have not been redressed.
RL's response fails to acknowledge that its bill for "mitigation/asbestos work" for my master bathroom work was timely paid for all charges actually incurred.
RL fails in its response to acknowledge that the BBB complaint which it had by then received from me clearly states, twice, that in the interim between the last contact with RL on 9/4/13 and the next contact three months later (other than receiving two invoices for "completed" work, I had other contractors work on the master bath (e.g., in the BBB complaint's desired resolution, I request offset against any invoice of the "(3) consumer's cost to properly complete project.") left unusable when RL abandoned the project.
RL fails to acknowledge that it failed to properly protect the tub and counter top from damage during the tile work.
RL fails to acknowledge its responsibility for the damage caused to both my tub and countertop.
RL fails to mention that since 9/4/13 it has taken no action whatsoever to remediate the damages it caused.
It was August 3, not August 6, that RL damaged my pristine tub by improperly securing a tile to the master bath ceiling which fell, creating multiple holes in the tub that went entirely through the enamel and deep into the substrate.
RL's response states that on 8/13/13 "it was determined that since the tub is an odd shape and size, a replacement tub could be found." RL fails to explain why it then refused to install such replacement tub. RL's exact words were "that is not happening."
RL's response fails to acknowledge that the solution it offered on 8/13/13 was simply a list of companies that would fill the holes and paint the tub, a solution that is well-known not to last more than 1-2 years before the paint begins to peel. I refused that 'solution,' and asked for a permanent repair or replacement.
RL states that "around (8/13/13 I) asked if I could complete his second bathroom." (See first bullet above, again RL in April 2013 originally bid on both bathrooms.) In fact, in mid-August I asked WHEN RL would start on my second bathroom. RL's response, on 8/20/13, was "The hallway bath is not an option for our company to start at this time." See attached email of 8/20/13. RL knew full well the mold in that second bathroom was negatively affecting our health and that the master bathroom had to be finished so that my family would have someplace to shower and pee while the other, hallway, bathroom was remediated/rebuilt. As a result of RL's tardy notification that it had decided not to remediate and rebuild the second, hallway bathroom, I was forced to go through the entire process of finding, and paying, other contractor(s) to remediate and rebuild the second bathroom.
RL states that "****** has (filed a claim with the tile company's insurance)." That is absolutely untrue. I filed no claim with RL insurer or RL's tile layer's insurer. In fact, the opposite occurred. See, again, attached e-mail from RL of 8/20/13 stating:
o "***, have talked to **** ******** (custom design work) tile company. He is going to make a claim to his insurance company for damages to tub. Insurance agent will be contacting you for information and confirmation of damages.
I did not hear from RL's tile layer's insurer (AmFam) until 8/27/13, three-and-one-half weeks after RL damaged my tub and countertop. We told AmFam that the tub was the original and that the building was built around 1963. AmFam asked us to provide photos and complete information about repair options. We did. See attached email dated 9/4/13 to AmFam, cc RL. We copied RL on that email so RL could provide estimates for the labor costs described. See highlighted material on same email.
Several times we also asked for RL's insurance information, including by text mail on 8/29/13. In its response RL fails to explain why it has, to date, failed and refused to provide its insurance information or submit to also a claim to such insurer for the damages it caused to our tub and countertop..
In its response RL fails to state whether it ever provided to AmFam the necessary estimates in support of a permanent solution to the tub and countertop damages and, if not, why not, or if it did, why it did not provide me with copies as requested. See attached email to RL of 8/27/13.
In its response RL fails to state whether RL or its tile layer ever followed up with AmFam and, if not, why not or if so, when and what the results of that followup were.
On 10/14/13 (FIFTY+ days after we provided the requested information to AmFam) , we received an AmFam voice mail asking the same questions that had we already answered either in our telephone conversation on 8/27/13 or in the 9/4/13 email (Again, see attached 9/4/13 email to AmFam). We immediately responded to AmFam both by phone message and email indicating we had already provided all the information we had.
In its response RL fails to explain why it did not contact me between 9/4/13 and 10/14/13 regarding the status of their insurance claim to AmFam or, if it claims it did so contact me, to identify the date and independent confirmation of such contact with me.
In its response RL fails to acknowledge that we have not received any monies from any insurer for the damages RL caused to our tub and countertop.
In early September, 2013, RL asked for an in-person meeting. I asked for the answers to several questions before we met (see attached email of 9/4/13). On 9/4/13 also by email at 10:10AM RL said "I will (respond to your questions previously asked by email) tomorrow when I get to the office." See attached email of 9/4/13 from RL responding to my email of 9/4/13.
RL's response does not dispute or even mention that it did not contact me 'tomorrow' (i.e., on 9/5/13).
RL's response states "Since that time several attempts were made to contact Mr. ****** to discuss completing the job. He did not return the calls." RL's response fails utterly to identify by date, nor provide independent confirmation, of ANY attempt to contact me during the THREE MONTHS between 9/4/13 and 11/27/13 by mail, email, phone or voicemail.
RL's response fails to acknowledge that in late October it billed me for "completed structural repairs."
Immediately thereafter, on 10/23/13 I filed this BBB complaint, because RL had not finished the job.
BBB gave RL written notice of the filing of my BBB complaint on 10/23/13 and 11/8/13.
RL's response does not explain why it did not file a response to the BBB complaint after receiving the BBB notices of 10/23/13 and 11/8/13.
RL's response does not address why it billed me $6,158.68 in October 2013 for "completed structural repairs" when RL had not completed the work.
RL's response fails to identify by date, nor provide independent confirmation of ANY attempt to contact me by mail, email, phone or voicemail between 9/4/13 and sending me an invoice dated 10/20/13 for "completed structural repairs."
RL's response does not explain why it again sent me a bill, dated November 20, 2013, when RL still had not completed the work.
RL's response fails to identify by date, nor provide independent confirmation, of ANY attempt to contact me by mail, email, phone or voicemail between sending its invoice of 10/20/13 for "completed structural repairs" and sending me a second invoice dated 11/20/13 when the work was not still complete.
RL's response does not explain why the bill dated 11/20/13 sent to me noted that the it was "past due" by more than 30 days when the work was still not complete.
RL's response fails to acknowledge that I returned RL's "past due" 11/20/13 invoice to RL on 11/24/13 with a copy of my BBB complaint attached, thus making absolutely certain that RL knew that, having not heard from or seen RL since 9/4/13, I had secured the services of other contractors for the master bathroom project.
RL's response fails to explain why, three months after my last contact from RL of 9/4/13, on 11/27/13 RL would send me an email asking about the status of its own tile layer's AMFam insurance claim. See attached email of 11/27/13. I responded to this email referring RL to the BBB complaint.
RL's response fails to explain why, if it was "still willing to complete the project," in that same email of 11/27/13 (attached) it would ask about the "status of our payment" for "completed structural repairs."
RL's response fails to explain why, in its followup email of 12/2/13 (attached), now unequivocally knowing that I had utilized the services of other contractors on the master bath job between my last contact with RL on 9/4/13 and my next contact with RL THREE MONTHS LATER, RL would offer to "complete the job because we have not walked."
RL's response also fails to acknowledge that in its e-mail of 12/2/13 (again, attached) it also state that "we will handle the BBB complaint," but it then did not immediately do so.
The response from RL fails to explain why after sending that email to me on 12/2/13, it failed to immediately respond to the BBB complaint which clearly states that in during RL's THREE MONTH absence from my master bathroom project I secured the services of other contractors .
RL's response fails to acknowledge that on 12/9/13 it received yet another contact from BBB, a courtesy call regarding its failure to respond to my 10/23/13 BBB complaint.
Finally, on 12/11/13 RL responded to this BBB complaint, again speciously stating "It is still our intent to finish the work" when it knows good and well that I secured the services of other contractors for the master bathroom project in the THREE MONTHS after RL's last contact of 9/4/13.
In short, it makes utterly no sense that RL would twice bill me for completed work (past tense) and then respond to my BBB complaint saying it intends to complete the work (future tense). Further, if RL had properly completed the work, I would not have filed a BBB complaint after I received the October invoice for "completed structural repairs."
3. (Describe) how you and the company can reach a middle ground: The desired resolution set out in my complaint is already a middle ground. I did not ask RL to pay for any permanent solution to the damage it caused to my pristine but "odd shape and size (tub)." I did not ask RL to pay for the damage or replace the countertop it damaged. Nor did I ask RL for any other monies or to do anything all to complete the work it abandoned.
I repeat, I would never have filed the BBB complaint had RL not begun billing me for work that it agreed to do and never finished.
I remain willing to waive the replacement costs and additional charges incurred for the master bath project. I already met RL partway and ask that RL void any purported amounts due in offset for the damages RL caused and my additional costs for the master bath project.
The job was billed in full since it was our desire to complete the work. The company has reviewed the work that was complete vs what was billed and issued credited 1,939.95, for a balance due of 4218.73. A revised statement will be sent to the homeowner, it is our hope that is will correct the issue.
(The consumer indicated he/she DID NOT accept the response from the business.)
Not accepted for reasons set out in detail in complaint and prior replies to company's "responses." Company continues to disingenuously state it was willing to complete job when it irreparably damaged jobsite fixtures, abandoned job, and then billed for inaccurate amount as if job had been properly completed and damaged fixtures. Company's suggested 'solution' starts at an inaccurate amount, fails to offset the cost of fully repairing damage it caused, fails to credit all work left incomplete, and fails to credit our cost to complete repairs after company abandoned job.