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Old 06-09-2010, 10:33 PM
 
Location: Las Vegas / GV
508 posts, read 1,021,994 times
Reputation: 175

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So i hired some floor people to do my floors and they had to remove the toilets for the bathroom to redo the tile. in the process they broke on of the toilets and now they dont want to replace it.

What can I do to make them reimburse the cost? Unfortunatly their policy is to have payment in full before work begins so i cant deduct the 175 dollars to replace it from my final payment...

I am not sure what I can do.... any ideas?
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Old 06-09-2010, 10:38 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,989,097 times
Reputation: 5057
what is their contract license number? you can file a complaint
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Old 06-09-2010, 10:50 PM
 
Location: Las Vegas / GV
508 posts, read 1,021,994 times
Reputation: 175
I dont want to post it... i am afraid the moderators might delete me if i name names... but is there a place i can go to file that complaint? or a website... (other then the BBB)
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Old 06-09-2010, 10:54 PM
 
2,557 posts, read 4,567,527 times
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Are they a massive company or a small 5 man operation?. If they are massive there is probably a corporate office to contact. If not, it might come down to what the paperwork you signed said in small print. There's always small claims court.
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Old 06-09-2010, 10:55 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,989,097 times
Reputation: 5057
no don't post it.. if you have their contractor's license number you can file a complaint ...
last year, i had a water softener installed.. as it was being installed i asked if they had a license.. next thing i knew they were in their truck and drove away... didnt pay anything to them.. neighbor came over, we did a comparison between my water softener and his.. the relief (drain) hose was wrong.. fixed and done...
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Old 06-09-2010, 11:04 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,197,261 times
Reputation: 2661
Quote:
Originally Posted by Grofica View Post
I dont want to post it... i am afraid the moderators might delete me if i name names... but is there a place i can go to file that complaint? or a website... (other then the BBB)
The Contractors Board

Nevada State Contractors Board

Next is small claims court.

And never never pay fully for a job until it is done.
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Old 06-09-2010, 11:16 PM
 
Location: Las Vegas / GV
508 posts, read 1,021,994 times
Reputation: 175
Its a decent sized company but its a local company....

the contracts are really inadaquate... really there is no fine print. Honestly i didnt even know they could take the toilets out but not put them back in. and actually i didnt even know that they were taking the toilets out. i thought you could remove the tile somehow (dont ask me how i thought that) but they never mentioned removing them and thats not in the contract either.

the contract is just a list of items and rooms to be done.

Flooring: Ceramic Tile
Bath 2 Time square white 12x time square 12 grout (C-Cure)
Bath 3 Time square white 12x time square 12 grout (C-Cure)
Entry Time square white 12x time square 12 grout (C-Cure)
Kitchen Time square white 12x time square 12 grout (C-Cure)
Laundry Time square white 12x time square 12 grout (C-Cure)
Master Bath Time square white 12x time square 12 grout (C-Cure)
Master WC Time square white 12x time square 12 grout (C-Cure)
(subtotal)

and then my address (total to be paid)
accepted by (signature)
Design COnsultant (signature)

and thats it... then its got a picture where the tile areas are pink... thats the entire contract...


They are saying the worker told some people who were taking care of my home at the time... (cousin and her boyfriend) They are no longer there anymore....

The worker was giving us the run around so i called the office and the office had no idea it was broken....I will change all the names but here is the correspondance so far... i was trying to be nice and one of those pictures was of the broken toilet in the bathtub... where their workers placed it.

June 8 (me to floor people) - Good Morning Floor people,

Just wanted to touch base with you the floors are looking excellent! Check out the kitchen… still waiting on handles for the cabinets and the countertop but its almost finished… (I don’t know how often you get to see the finished project) but wow… the bathrooms also look 100% different. (the bathroom pic was taken before grouting)

We did run into one little snag yesterday the toilet that was placed in the bathtub is cracked. I guess the supervisor came out and took pictures but no one ever got back to my Mom. I was just wondering what the procedure is in an event like this and what the turn around time on it is. We really wanted to get the plumbers out ASAP to hook up the 2 upstairs toilets so come thrusday your guys have no hangups on that one downstairs bathroom and the laminate.

Not much more to go… we are almost finished


June 8 - (floor people to me) I have never ran into this problem I am forwarding this to one of the managers to determine what to do. I will let you know.


June 8 (me to floor people) thanks for fowarding that message. I know my mom really wants everything prepared for your guys come Thursday.


June 8 - (floor people to me) o.k. the installer said he did not crack the toilet he said he noticed it was cracked while he was taping down the lid before he removed it from the floor and called our Super.

June 9 - (floor people to me) My installer said he told John Smith the young man at your house that is was cracked before he started. (note john smith was my couisn's boyfriend)

June 9 - (me to floor people) Dear floor people,

No disrespect towards you but if your supervisor says that he told someone who no longer lives on the premises… Does he have documentation of that? Something signed by John smith? I ask because I am guessing by your reaction of this situation your supervisor never notified the office, and they never notified me, the home owner.

It is already Wednesday and the bathrooms need to be hooked up today so there are no further issues. If your supervisor has no documentation then I would expect him to provide a new toilet no later then the end of the day today (since this has been ongoing for 2-3 business days now) I feel that is ample time to provide documentation or a new toilet.

When we were closing the home the house went through many inspections prior to the final closing. In NONE of those inspections did anyone mention faulty or cracked toilets. So this must be something that was done during the removal of the toilet.

Again, since this has been going on for 2-3 business days now I would expect this matter resolved no later then Close of Business today. Please deliver a new toilet to my mother and place in the bathroom where the cracked on is so that my plumber can come hook up. Or provide the documentation that this was a previous issue.

I feel that if you supervisor had followed proper protocols this would not be an issue right now. I thank you for your immediate attention to this matter.


June 10 (floor people to me) I was forwarding information to you told to me. I have forwarded your message to upper management to resolve this issue. I think we may need your plumber to replace the tank the whole toilet does not need replaced and then send us the bill for that portion only. Again I need upper management to make the final call on this.

I will let you know as soon as he comes in.

Sorry for the inconvenience or added drama I just was told it was cracked before we do have pictures but it was after it was removed. So it’s he said situation.

June 10 (floor people to me) I just spoke to my manager and he would like John Smith's cell number. Our installer is adamant that he did not crack the tank on the toilet and showed it to John Smith. In the past if our installers have made a mistake they do own up to it so we need to dig a little deeper before we make any final decisions.

Thank You,


and today's email back... now i wait... this is from me to the floor people... I just want to know what i have on my side in this...

You are more then welcome to call, you guys have all that information but unless john smith signed an acknowledgement waiver at the time of noticed damage, I am sorry but it is going to have to be replaced. Since this was not corrected by COB (close of business) on Wednesday the 9th, the plumber has already been scheduled for Thursday morning between 8 and 9 am. (10 June 2010)

4 business days is ample time to sort this situation out, since this was not handled in a timely fashion it was pertinent to schedule the plumber so we don’t have any more delays on the floor (i.e. the tile in the down stairs bathroom and laminate)

The plumber said that it is near impossible to match a tank up with a bowl when one cracks due to brand names not being compatible and common local availability. (I also have that in writing, no worries) They were able to get a good deal on a plain Jane American standard toilet for $175 which is by far cheaper then when I looked at Home Depot.

I will send you the invoice as soon as I get it. I feel it fair to warn you that there is a lot of bad blood between john smith, my cousin and myself. If any documentation was signed now, this far after the fact, it would / could be considered retaliation for their being removed from my property.

---------------------------so what can i do??--------------------
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Old 06-09-2010, 11:19 PM
 
Location: Las Vegas / GV
508 posts, read 1,021,994 times
Reputation: 175
Quote:
Originally Posted by olecapt View Post
The Contractors Board

Nevada State Contractors Board

Next is small claims court.

And never never pay fully for a job until it is done.

yeah and i should know better but a lot and i mean almost every floor and cabinet company wants everything up front... i must of called like 10 floor places and i literally called every cabinet place in las vegas. its pretty much standard practice now...

well ok the cabinet people said 50% down when they order and then 48% down when they begin work and the last 2% is upon completion.
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Old 06-09-2010, 11:27 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,989,097 times
Reputation: 5057
not talking about the contract - what they do and how much..

they need a license which gives them the contractor license number...
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Old 06-09-2010, 11:38 PM
 
Location: Las Vegas / GV
508 posts, read 1,021,994 times
Reputation: 175
Quote:
Originally Posted by airics View Post
not talking about the contract - what they do and how much..

they need a license which gives them the contractor license number...
yeah sorry airics i started writing that in rsponce to Unf0rgiven and just kept talking when i saw your post ~ sorry... trying to give al lthe details. i am looking on my paper work for license number now.

Quote:
Originally Posted by unf0rgiven6262 View Post
Are they a massive company or a small 5 man operation?. If they are massive there is probably a corporate office to contact. If not, it might come down to what the paperwork you signed said in small print. There's always small claims court.
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