After many requests by us to meet and finalize unresolved work, Bavarian Windows has elected not to return to our home to remedy the many deficiencies of the Euro Vinyl(EV)product installed last October. Of the $46K +HST contract, $31K has been paid. On Feb.19/15, we last met with Bavarian and EV to issue a progress payment of $18K, based on our understanding of their commitment to refabricate damaged components and return late April/early May to complete the work. At the meeting, we reconfirmed as per Jan.'15 registered letter, we would not accept 5 sliding doors sized too small and poorly installed, incl. mismatched handles. Gaps at the door perimeters can't be caulked at the brick mould installed to simplify fit, and at an extra charge. Deficiencies incl. but are not limited to: cracked frames of 5 floor-to-ceiling windows; air leaks at 2 windows resulting in frost on wall, scratched & stained vinyl trim and beads, 6ft+ scratch in glass of 11ft tall pane; debris and adhesive tape-like residue between panes; 1/4" gaps of window jambs require caulking contrary to EV brochure claiming "perfect structural fit"; caulking used by Bavarian staff to disguise many scratches in custom painted vinyl frames; damaged ext. siding when removing old units; bent window latch of new window; bowed frame of window that affects operation; cracked interior mullions; incomplete interior casement trim does not match existing, nor is it primed per contract; caulking-stained carpeting due to sliding doors having been reset; ext. caulking done so poorly the bldg. is not fully sealed at brick against rain/insects on most units; damaged vinyl snap cap installed but fell from upper window in Jan., and was taken by EV at Feb. meeting to be replaced; screws with countersink heads vs. truss heads used where screws are exposed to view. With Bavarian having 'walked' and the manufacturer suggesting he's not the installer, we question the viability of their warranties as the work was never satisfactorily completed, as promised.
Product_Or_Service: EuroVinyl Windows and Doors
Order_Number: No P.O. noted
Account_Number: Bavarian Contract No
Bavarian has advised by letter they've chosen not to return to complete their work. Based on their contract performance, we prefer to hire the trades to replace damaged windows and 5 sliding doors that don't fit; and to complete the insulating foam work, exterior caulking and interior casement trim that was part of our contract and paid for. Bavarian concurred on Feb.19th before receiving payment that "this project was poorly executed." We're asking for the return of the $18K progress payment.
Contact Name and Title: **** ***** - President
Contact Phone: XXX-XXX-XXXX
Contact Email: ****@bavarianwindows.com
Installation took place Oct.30,31,Nov. 1st, 2014 there were installation issues, Bavarian set up an appointment with **** ***** and the home owner for No. 14, 2014. It was agreed that brickmold components had been cracked during installation, there were also other concerns that Bavarian & **** ***** agreed to address. Both **** & Bavarian wanted to change the components out ASAP. The homeowner pushed that back to the end of April (not our choice). Jan.21, 2015 the customer made up a letter and sent it out to Bavarian, in the letter the customer stated that the patio doors would not be accepted because they were ill fitted, the doors are standard size and it was the customers decision to stay with the standard sized door to save on cost and that we would install a wider brickmold to help get the finish product back to the original brickmold width. The customer agreed that this was the way to go because they were going to fill in the siding on the one door that had been a triple and was now being made into a double unit. The customer was well aware that there would need to be a small amount of trim work done around the new doors. This discussion was had with one of the homeowners when we were doing the production measurements. Bavarian Windows contacted the customer in Feb. 2015 and set up an appointment to go to the home Feb. 19, 2015 to determine what steps would be taken to finish the job in the spring. Both Bavarian and **** ***** attended this meeting. It was agreed that Bavarian would put together a list of work to be done. Bavarian and **** ***** together agreed that because of the need to change out the product and the disruption that this caused, we would as a form of good will provide the customer with a credit of $5,000.00. Bavarian made out a list, emailed it to the customer. Bavarian noted on the email that if there was anything that the customer wanted to add to the list to do so. Bavarians' list did not included the replacement of components from **** ***** as that had already been decided on. I did not include work on the patio doors as I did not feel that we could move ahead with the other work if that was not into the mix. Bavarian had never agreed to take out the patio doors from the original contract and was not prepared to have them removed. The balance of the work through had been agreed upon. At the Feb. 19th meeting Bavarian had brought it to the attention of the homeowners that the painting portion would not take place until a later date, because we needed to wait for warmer weather ( minimum of 10 degrees Celsius) The customer sent a registered letter back stating that Bavarian did not address every concern in the Feb. 25, 2015 email. They voiced concern that we could not be trusted to provide a proper painter and probably didn't understand the importance of having warm enough weather. (it was Bavarian that had noted that warmer weather was needed to perform this portion of the job. We at Bavarian felt that the letter dated March 6,2015 from the customer was designed to create an atmosphere that would make it difficult if not impossible to finish the job in the manner discussed earlier. We also felt that the customer was continuously moving the goal posts in an effort to make things as difficult as possible. We at this point were still prepared to go back to the job site, but were beginning to think that all of the work would need to be done at the same time. Installation of product being done at the same time as painting. We were also not prepared to walk away from the 5 patio doors which were sized correctly and only required about 1 hour of final set up. The customer contacted us by email on April 26, 2015 giving the option to leave the job and agreed that the $31,000.00 paid thus far would put the project at an end,(the total contract was for $52,661.28 HST included) We responded by registered mail and confirmed this was the route we wished to take. Bavarian then informed **** ***** that we accepted the customers offer and are complete with the job. The customer notified Bavarian by Registered letter on May 26, 2015 that they were not going to uphold their side of the agreement and this put us where we are today
(The consumer indicated he/she DID NOT accept the response from the business.)
Our decision to install standard sized doors had nothing to do with cost. The deciding factor for the size was to reduce the glass area as a matter of energy efficiency. The sales rep. knew of our renovation work, including wall and attic insulation retrofits. He emailed 10 days after the Nov. 14, 2014 site meeting, with an incomplete deficiency list asking, "let me know your thoughts and when you'd like the work to be done." So, why is Bavarian declaring they wanted the work done ASAP, esp. when optimum weather conditions had passed. No concern over their timeline to return was ever expressed by Bavarian or **** *****. Further, **** ***** told the VP and sales rep of Bavarian along with the homeowner at that site meeting that the brick mould installation was incorrect, stating, "they (as in Bavarian) need to know for the next time". **** ***** again confirmed with the President of Bavarian at our requested Feb 19, 2015 site meeting this significant point as there are (13) large windows, many floor-to-ceiling; and (5) sliding doors involved. Confirmed by Bavarian, they poorly masked with caulking the unpainted brick mould sides to hide the white vinylthe brick mould should have been recessed within the wall, if installed properly.
Bavarian has known since our Jan 21st, 2015 letter, that we would not be accepting the (5) ill-fitted doors which have never operated properly. We were never made aware that additional trim would be required for the (4) doors, as the wide brick mould (a contract upgrade) was suggested by Bavarian as a means of adequately covering the building opening once installed. The one door being changed from a triple slider to a double would require custom wood siding to be installed by the homeowner, and was noted in the contract. Bavarian came out twice to confirm window and door production measurements which included the wider brick mould and were confirmed by the VP for the sales rep. If additional trim work was required, why was it not stipulated in the contract under their comments section, as was the required exterior siding work for the triple slider? Once the doors were installed and it was evident the brick mould did not work as proposed by them, that is when Bavarian advised that further modifications would be required to conceal the foam insulation and exposed wall cavity. Such modifications were never agreed upon by us, as their recommended approach would not match the adjacent (2) 81" x 81" large windows that also have the same brick mould.
It was agreed at the Feb. 19th meeting that Bavarian would put together a detailed list of work that was discussed and agreed to be done and likewise, we would finalize the deficiency list mid-April prior to Bavarian's and **** *****'s return when weather conditions were suitable. We received no written confirmation for the remedy of: (3) floor-to-ceiling cracked window frames, a leaking and cracked frame of the 8ft tall trapezoid window, the 77" scratch in the 11ft tall bedroom window, the major air leak across one of the 81"x 81" windows and the laundry casement window with bowed frame. How could such relevant details be omitted from Bavarian's Feb.25th email? Aside from the incomplete deficiency list in that email, they noted "I have put a list together of work that needs to be done by Bavarian Windows. I have not noted any work that is ****-***** product related (snap cap covers, additional screws in hardware, new interior stops, etc). I don't have interior work noted at this point because I'm not exactly sure what the exact cutoff point is going to be... I have not included any mention of patio door work." Knowing since Jan 21st that we would be returning the doors, should this not have been the time to advise us that they did not feel they "could move ahead with the other work if that (the doors) was not into the mix." Therefore, our progress payment of $18K was obtained under false pretense as that payment was given under the condition that Bavarian would return to finish the job. The contract term notes only "25% deposit with balance on completion."
Bavarian's position for us to accept the doors was never suggested or implied as a condition for them to continue the work. We issued $18K in good faith, with the understanding that a final deficiency list would be prepared and we would touch base in mid-April to confirm the list and establish a time line for the completion of this job. Had we known that they would waver on what was confirmed we wouldn't have issued the progress payment, as there still are far too many deficiencies with 23 out of the 25 units installed. The $5K that was offered to us was on the proviso that we keep the doors, but never with any indication that Bavarian would not return if we did not accept their incentive.
After receiving their Feb 25th email, and with the absence of details in the contract, we asked pertinent and justifiable questions in our March 6th letter which led them to believe that we had trust issues. This is no reason to stonewall us and suggest we're creating an atmosphere that was not conducive to finishing the job. Our March letter noted, " Recognizing the edges of the brick mould were unfinished, your staff applied caulking to mask the unpainted and exposed edges as you saw for yourself. You indicated that trimming away some of the caulking and applying matching paint would be the fix. Our apprehension grows as we would like to know who will be preparing the windows and what temperature is recommended to apply the paint to the brick mould so that it will adhere for years to come." Bavarian said, "a better caulker could have been used", so why not question the painter. Our question re: outdoor temps. was valid, as the work was to be done when spring temperatures could be quite variable. To suggest they were the ones to note the significance of warmer temps is contrary to what was actually discussed. How is it that our question is now being answered, rather than months ago when first posed in our letter?
It is Bavarian who is moving the "goal posts" and not us as they have implied, i.e., their email of April 15th states, " I haven't entirely decided my route of action yet. The wind seems to blow a different way each time there is contact with you. I'm at this time reviewing my options." What route of action needed to be decided? It was agreed at the Feb.19th meeting, after having received a substantial payment, that both Bavarian & ** would return to complete the deficiencies after touching base with us mid-April. Our position as stated since our Jan. 21st letter that we would not accept the doors has never changed. This job was poorly executed and confirmed by both the President of Bavarian and the owner of **** *****. Significant issues still remain with most of the units, and again, we confirmed several times we wouldn't keep the doors with their proposed modifications, as they do not fit as ordered and installed. Never once did Bavarian indicate to us "they were not prepared to walk away from the (5) patio doors", so why are they choosing to walk away now?
A voice message and an email of March 25th, 2015, and another email on April 15th, to Bavarian stated, "we have yet to hear from you to schedule a follow-up meeting." Feeling we were being stonewalled yet again, and after our earlier agreement to reconnect mid-April, we sent another email on April 26th in an attempt to expedite action on their part by either committing to finish the project, as we had hoped, or for Bavarian to confirm they were walking from this unfinished project and to supply the completed warranty certificates by April 30th. We received an email on April 30th at 4:10pm without the requested completed warranty documents.
In Bavarian's April 30th email, they chose to walk from this project leaving us with thousands of dollars in damaged product and deficiencies, including but not limited to doors that need to be replaced, cracked window frames, leaking windows, missing exterior vinyl trim, many scratched glass panels, a poor caulking job to mask the unpainted exterior trim of (13) windows and an incomplete seal of the building with another (7) windows, along with damaged redwood siding.
As well, for the long-term, we have no idea if we have warranty coverage of these windows. Bavarian's workmanship warranty states, "Bavarian warrants that all installation work performed will be free of installation defects for a period of 10 years", yet Bavarian's installation of the ** product includes many defects. When we posed the question to **** ***** on May 15, 2015, asking them how Bavarian's actions will impact our warranties they chose not to answer the question. So, as of June 13th, we have no confirmation of any warranty coverage, including transferability, and therefore we're not agreeing to or signing anything with Bavarian, thus explaining where we are today and our desired resolution remains
Final Business Response
The customer now seems to be indicating that going to standard sized doors was in fact their idea, and that we complied with their instructions by installing standard size product with the largest brickmold casing available. They are also saying that the total distance that the brickmold reaches to is not quite enough, and would now like the doors taken out. They would seem to want to have things both ways. We have tried to be reasonable, and have tried to work with the customer, but every time we turn around they have a new idea as to how things were calculated in the first please.
We have many emails that show new & changing demands from the customer. They have indicated on a number of emails that we have said things that we in fact have not said. The customer keeps indicating that they tried to keep the process always moving ahead in a straight line. We have a lot of emails and letters that would indicate the opposite.
We've never in the 17 years in business walked away from a job.
We will work to show that we had little choice but to walk away from this customer's job. We left the worksite because of new demands and allegations that would have made it impossible to have men return to the site.
The customer received all of the product on a $52,000.00 contract. We have been paid $31,000.00 and the customer would like us to return $18,000.00.
Bavarian Windows is fully prepared to defend itself in a court of law.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
Bavarian was contracted to supply and professionally install 5 patio doors & 20 custom windows for $52,661.28. The installation does not meet an industry standard, nor did we receive the value of the contract, as the products are damaged, defective and poorly installed. There are 5 cracked window frames; missing exterior paint and caulking; broken cracked, gouged and scratched interior vinyl trim throughout the windows and doors; several scratched glass panes- one measuring 77 inches; wrong coloured door handles and bent window handles, missing screws on several windows, all jamb extensions that are not factory installed as per brochure and ill-fitted sliding doors that can barely be opened/closedthese issues are not minor; nor have we mentioned every defect or deficiency. As one contractor put it, "it's disgusting what we have been left with." Bavarian said they would return and address all deficiencies if we gave them a 'fair and substantial payment.' According to the contract we were not obliged, but we complied to show our good faith and willingness to work with Bavarian, and *********the manufacturer. After our repeated attempts to confirm with Bavarian a return date and finalize the deficiency list as agreed to previously, they decided, for whatever excuse they choose, to not to return and leave us with an unfinished projecta botched job. They misrepresented the product and their abilities to execute the work to an industry standard and they have 'walked.' How convenient for them! They were asked to provide valid warranties and they did not. We, as the homeowners have 'played' fairly and trustingly all along while Bavarian has done nothing but play games by providing 'lip service' with no real intention to return. Is it customary for a company with a BBB A+ rating to leave paying clients hanging with a job that is incomplete? The only party that got it both ways is Bavarianthey got their money from us and saved thousands by not returning to complete the contracted work, and they provided invalid warranties that are apparently useless for this $52k project. Their behaviour and professionalism is reprehensible and unacceptable. So, who is going to pay for all the repairs and replacements needed for the defective and damaged products that are only nine months old???? Should we be expected to accept damaged products and an inferior installation with no warranties.