Complaints

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• Initial Complaint

  Date:06/06/2022

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I contacted Element in January 2022 to remodel a bathroom. They came to my house to see the bathroom, and a few weeks later I went to the showroom to view the initial quote. I felt comfortable moving forward with the project and paid a deposit of $1,720.82 which was 10% of the quoted $17,208.15. In March and April, I met with 3 different designers to finalize my project, as employees kept leaving the company. I did have concerns after each designer change and was nervous it would lead to poor continuity. I met with the third designer in April to finalize the details and with the exception of a mirror and light, the main elements of the bathroom were done. I met for a final quote review with the designer on May 16th, 2022. The quote had been updated from the original proposal to account for several upgrades including hardware, floor/tile and a clawfoot tub. It had increased from the initial $17,208.15 to $22,029.28, but I felt okay given the changes I made and paid a materials deposit of $9,745.44. All proposals stated prices were valid for 30 days. A week later the designer sent me an updated quote because she had forgotten to include several items and needed a new materials deposit of $11,321.21 even though they had already cashed my check for $9,745.44. The quote had increased to $26,151.86! I asked for an explanation of why the quote went up by $4,000. The owner got involved and said the employee changes led to errors on their part but when asked for a detailed breakdown of what changed from quote to quote, I was sent ANOTHER quote that changed the total again. By now I did not feel confident with Element keeping my deposit while I tried to work through the details, so I requested a refund. I was refunded my $9,745.44 materials deposit. Element claims the $1,720.82 was non-refundable, which the quote does not state nor did we sign anything saying it was. I would like to receive my full deposit back, as I do not feel comfortable moving forward with this company.

  

  Business Response

  Date: 06/07/2022

  Tell us why here..**** *** *******
  I totally understand this situation and I was willing to meet and discuss. (Customer didn't try to meet me)
  To shorty explain items that proposal wasn’t updated correctly and I wasn’t aware. Deidre will give you handed proposal on 16th without updating work that Chelsea and Sammi stopped because of missing items,
  Biggest changes coming from going different bathtub from originally requested, comparing bathtub to freestanding tub is close to 3k, flooring is selected as mosaic but originally quoted as 12x12 or 12x24 tiles and of course is more labor intensive mosaic floor installation. Bathtub surround was estimated as tile but has changed as whole bathroom wall tiling up to 48”, what is again more labor and material to it.
  Floating shelves never put in estimate, some other items was open as well after 16th. Etc…
  Material is not ordered yet since we don’t have signed proposal.
  If you cancel the project that 10% is not refundable since the project could be done for that amount and original scope of work. You have received Design Document, renderings and floor plan. Also selections should be chosen in budgeted categories. I can assign new designer to you that would work closely to finalized the decisions and work with your budget 
  
  
  I'm sorry for experience you going through. Design process should be done long time ago and avoid this but responses wasn’t fast enough and we couldn’t rush you to make some decision.

  I try to attached Design Documents here but file is too big
  
  
  Thanks,
  Vlad

  Customer Answer

  Date: 06/13/2022

   I am rejecting this response because:
  
  In the owner's response, he indicates that his own work was not accurate. However, several of the changes he mentions were in fact accounted for in the May 16th proposal. In particular, the clawfoot tub is called out on page 5 of the May 16th document. It increased from the initial January proposal of $345.87 to $2,098.80. I understand my changes increased the cost of the initial proposal, but I don't agree that within a 2 week period the proposal changing there more times. I don't feel confident that in yet another few weeks there won't be additional 'missed' quoted lines. There was never an agreement of the 10% deposit being nonrefundable. We did not sign any documentation or contract stating as such.  The May 16th proposal also noted the prices were valid or 30 days. We operated in good faith putting a deposit down against a proposal with a 30 day price lock, however, when their mistakes arose, our solutions were to allow them to complete the job at the proposed price or allow them to cancel the job outright and return our money. The vendor chose to do neither. Element's design staff turnover should not translate into thousands of extra dollars being charged to the customer. 
  
  

  

  Business Response

  Date: 06/14/2022

  As I mentioned that proposal you received and paid material deposit did not match your design boards and I brought to your attention that doing final work you will not have same final look.

  10 % down payment goes toward Installments and they are not refundable if you pause or cancel the job. This was explain to you before you moved with us.

  Design process should be done long time ago and avoid this but responses wasn’t fast enough and we couldn’t rush to make some decision.

  Customer Answer

  Date: 06/14/2022

   I am rejecting this response because:
  
  It feels like we're going in circles. I understand my final design decisions differed from the original proposal from January and that impacted the price. My issue is that the May 16th proposal which captured the design decisions I had chosen and that I paid a substantial materials deposit against was then changed a week later and then changed AGAIN the next day when we expressed shock that the proposal had changed. I have no confidence that the business won't find yet another reason to make changes throughout the rest of the project. My budget is not unlimited. There was no written contract that indicates our 10% initial deposit was nonrefundable. The initial January estimate does not even state this. 

  The business calls out me taking time to make decisions - yes, when I was cycled through three different designers who all had to be caught up to the project and all needed to make sure they were capturing my choices correctly, it didn't exactly lead to a fast project. Maybe had quotes been updated properly from designer to designer, we wouldn't be in this situation, but that is the fault of the business, not me. I don't appreciate the insinuation that I was somehow the issue in the quotes changing. It was each designer's (and the business's) responsibility to ensure my choices were captured. After my first design consultation I had picked floor tile, wall tile, vanity style and countertop and tub styles. The design team had plenty of time to update quotes. I am not going to be held accountable for sloppy work.  I'm also unsure why I should have been pressured into making any sort of 'quick' decisions when this is a large amount of money to spend and also difficult and expensive to change once installed. 

  

  Business Response

  Date: 06/16/2022

  Dear client,
  
  We are sorry to hear you didn’t have an excellent experience with our company. Unfortunately our designer left for an out of state opportunity which caused you to cycle through different designers through the process. As with any company- each product has a unique price and installation cost. We have refunded your material deposit to ensure that you have more time to make decisions about your renovation. The January quote provided – in section 1100 quotes “An initial design consultation and rendering are provided upon acceptance of the preliminary proposal, Statement of Intent and 5-10% project deposit.”
  
  We are happy to work with you to re-select materials that work within your quoted price, however, we are unable to refund your design deposit as you have been provided with product selections, 3d renderings. Our team can provide a revised product selection and rendering which fits in our original estimate and proceed with the project. Otherwise, the workpapers we provided are services rendered.
  
  Sincerely,
  Element Design Management Team