Contract dated 08/13/2014 Poor installation , never made repairs. Charged card for final payment, against my wishes even though work was not complete.
Entered into contract on 08/13/2014 for new carpet and laminate repair.Paid 50% deposit of $1643, balance to be paid upon completion of job. Job was done but minor repairs were needed. They asked for balance of contract to be paid in full as they would do the repairs within a few days. I said no , final payment would be made upon completion of repair as in my experience once a contractor is paid repairs never get made. They against my wishes charged my credit card for the entire balance and the repairs have never been made. Contract called for 168 sq yards of carpet, I believe the job was quite a bit less than this amount but they have denied my request for a copy of their measurements.
Refund of $1644 drafted from my account without my consent.
Carpet Barn & More response:
In response to the poor installation, never made repairs:
Consumer's email, August 22nd: "It does look great (referring to the laminate) and I love the carpet. Look at the spot on the laminate as you 1st enter next to the doorway (referring to a nicked corner smaller than the size of a dime), seems perfect other than that".
In response to Charged card for final payment even though work not complete:
Work was COMPLETED August 22nd. Consumer feels that we missed a "spot" (his word). Per Contract payment is due IMMEDIATELY upon completion, regardless of the particular form of payment we accept.
In response to They asked for balance to be paid in full, as they would do the repairs within a few days. I said no as in my experience once a contractor is paid repairs never get made:
Consumer must have had a prior bad experience with a contractor, hence stereotyping our industry. The laminate was originally installed by an amateur, (allegedly the past renter based on what I was told by the consumer), and ALL was installed poorly. (I am a "certified inspector", so I do have knowledge about installations). Prior to Contract, he obviously agreed to the poor installation throughout when he asked me about replacing ALL of it with carpet. My email stated: "It's in your best interest not to remove & replace it, and to get it in a condition where it may last a few years. I'm very confident that we can do that for you". Though we do the best job anyone can... per Contract, we make no guarantees, (especially regarding a repair / replacement job where it's sometimes impossible to turn a poor job into "perfect").
Per Contract: Consumer must be ON SITE during installation. This also means upon completion, to check the jobsite. Consumer did not show up on site, until after the project was completed and we had left the premises. Consumer was contacted by phone and email the morning of the last day of repair "We will be at your house today, most of the day, completing the project. Would you like me to contact you within an hour, or 1/2 hour prior to installation?" Consumer response "I am tied up until 3pm today, but feel free to let me know."
In response to Repairs have never been made:
I responded the SAME day he pointed out the "spot". The "following business day" I sent an email stating that I would get to that area this week, and followed up with a specific day Wednesday, willing to work around the consumer's schedule. I asked him to be present at the house. Consumer's response on Sept. 19th - "Would not be necessary with a $150.00 credit".
Not only did I offer to replace that "spot" at no charge, I also offered to credit his account for $1644.00, and then re-run this amount after replacement! (I was willing to bend over backwards, due to the fact that he works as a realtor for a very good friend of mine.) His only response was to receive $150.00 credit and obtain the carpet measurements from me. Prior to Contract, he expressed via email, that he thought he only needed to purchase 1200 square feet of carpet, and acknowledged that he was not correct by signing our Contract afterwards. The consumer's measurements are on the invoice, which I re-emailed, along with a separate email to him stating the yardage and square footage necessary to complete the project.
At this point, I am uncertain as to why the consumer is desperately seeking a $1644.00 credit. I feel certain that he is fabricating excuses, with this brand new issue regarding his implications that my carpet measurements are incorrect. He was a strong negotiator, with unrealistic expectations prior to Contract, and it seems that he still wants something for nothing. Due to the fact that he is a realtor and runs Magic Mortgage USA, I feel sure he's familiar with "mutual assent", "offer and acceptance", and "contract law".
He has been threatening to breach the Contract and extort our company. We have never had to deal with such nonsensical conduct. IF the consumer does not terminate his unreasonable, illogical and frivolous actions immediately, Carpet Barn & More, Inc. will unfortunately be compelled to file a claim.
Attached are a list of emails back & forth from both parties, copy of this submission, along with the Contract and Addendum. Please let me know if there's anything we can do to help alleviate this situation. Sorry for the delayed response, due to the religious holidays last week.
I have a new tenant in that house and they have found several other bad spots and have convinced me to replace it.
It makes no sense to have him fix it at this point, I should have replaced it originally instead of paying him $900 to repair it.
Please close the file and thanks for your efforts.