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Old 11-15-2017, 05:05 PM   #39
Steve in Denver
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Join Date: Jan 2014
Location: Mile High City
Posts: 897
Update and question. (It's not good)

I met with the job supervisor last Monday to express my concerns. He looked at the floor, said I was over-reacting, and that nothing was wrong with it. I pushed back, referring to the NOFMA / NWFA installation manual, and things got a little heated. He continued to insist the floor was fine, and at some point I told him that I wanted to rip it up and start over, with a different crew. After telling me he wasn't even sure he wanted to work with me anymore, he made a phone call to the office and came back and said they would rip it up and start over. I asked this time to get his "best crew" - he told me they are all good, and the new crew isn't going to be any better or any worse than the first crew. (continued to maintain the first crew had done good work in spite of numerous issues)

At this point the relationship was at a bad spot. I could no longer trust his judgment in supervising the installation.

I sent an email to the office with multiple pictures showing various problems, and detailed my problems with the job manager. I told them I wanted to mutually cancel the contract and be issued a full refund. They agreed that there were problems and that they would send out a new crew to finish. They were not willing to issue a refund, and insisted they would be able to do it right with a different and more experienced crew. They also pointed out the contract "right to remedy" clause.

Without going into the details point by point, I told them that I want out, and the issue is bigger than any particular problem on the installation...I can no longer trust them, I no longer want to work with them. As far as I'm concerned they aren't able to remedy the main problem, which is them. (In the process of ripping up the floor I found at least 2 other problems with the installation - these problems were clearly overlooked the first time, and I would have had no way of knowing without ripping the floor up)

So, that's that.

I understand their right to remedy, but I am so dissatisfied with them that I don't want them doing the work even if it is done perfectly. I want out. They don't want to let me out, claiming lost profit and restocking fees (I happen to know the restocking fees are not true). I have offered to buy the material from them to avoid the restocking fees, etc. I haven't heard back from them yet, but it is possible that they will continue to hold their position (I think they are being unreasonable, but of course I do)...Assuming we are at an impasse what are my options?

BBB dispute
Charge back on the credit card
Insist on having a certified wood flooring inspector sign off on every phase of the job
something else?

Last edited by Steve in Denver; 11-15-2017 at 05:18 PM.
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