Fitzgerald & Company

All of this he said, she said bologne has gotten completely out of control & I just need for this whole thing to come to an endHe has quoted bits and pieces of my emails completely out of context, for his own purposes and I choose not to diginify them with a response If this should continue I don't see how this issue could ever come to rest He states that he will make a payment in the amount of $100, which I herby accept as a resolution to the issue at hand Revdex.com:I have reviewed the response made by the business in reference to complaint ID 10452186, and find that this resolution is satisfactory to me Regards, [redacted] ***

Business responded to complaint See attached(There will be more photos arriving in a separate email) Business response copied and pasted below by Revdex.com staff 3/12/FITZGERALD & COMPANYWest 217th Street Fairview Park Ohio class="Apple-tab-span"> March 12, 2015Revdex.com serving Greater ClevelandEuclid Avenue, 4th flrCleveland, Ohio 44115-2408Dear [redacted] ,I have recently received several mailed letters and documents from you regarding a complaint from one of my recent customersI apologize for the delay in my responseI was out of town Febthrough FebUpon returning, we had a family emergency that is just now settling down(My Mother-in-Law had a stroke).Ms***,s statement of the Problem contains some truthShe had hired me on a verbal agreement to do some work in her kitchenI installed a foam tile ceiling, trimmed out a window, including a stone sill and installed cabinet pulls and knobsThe tiles, sill and hardware were supplied by her and other materials and labor by meI had originally quoted the jobs separately but then grouped them saying I could do it for $ if no unforeseeable conditions appearedI believe the work went quite well and [redacted] seemed quite pleasedI pointed out to her that it would be very difficult for me to install the window jamb and trim having the final result look professional due to the unprofessional installation of the existing old cabinets(See photos)I proposed altering the cabinet to the right of her window from a double door cabinet to half size single door and adding exterior shelvesBeing a friend of my wife’s, I had already given her a very good price on the original work, which she admitted she was aware of I said I would take care of her the best I could on this additionI added $to the job to total $550.00.Unfortunately, I did damage her countertop by bumping it with a power sanderUpon explaining to her that it could not be repaired, I first offered her a “scratch and dent” settlement by saying I would not charge her anything for the materials or labor I had supplied if she thought she could live with the damageI felt this was a fair offer that some people would appreciateShe expressed that was not sufficientAfter some research, I informed her that the stock countertops she had in her Kitchen were discontinuedI proposed that she would pick out a stock countertop at Home ***, I would pay for the materials and replace her existing countertopsShe agreed that this would work and that upon completion, she would pay me the original $550.00.I told her that I would be busy on another job but would get to hers asapShe shortly afterward began pressing me on a date that I would do the workAfter some communication back and forth, I felt she was unfairly pressing me(see attached)Then she accuses me that I never “finished” the original job; cabinet knobs missing behind dishwasher, edge molding on soffitShe had never originally told me about knobs behind the dishwasher and when it came up, I explained that it would push the dishwasher further into the Kitchen, furthermore she had told me prior that she didn’t even use the cabinets behind the (portable) dishwasherThe molding I told her, would add “bulk” to the edge of the soffit and that I thought it had a nice clean edge as is(The original idea for edge moldings was mine since her walls were painted with a textured paint and it would be near impossible to paint the ceiling without the clean edge of the moldings).She became demanding, which I expressed to her that I did not appreciate itShe sent me a final email stating that I “was out”! Obviously she took some statements as “personal” and she chose to not allow me to complete the work as discussedThe stock countertops at Home [redacted] would cost $including tax[(1) ft@ $114.00, (1) ft@ 84.00, (2) endcap sets ea.] With a very lenient total price on the original job of $less $in materials, the balance remaining of $could be used for laborI find it hard to believe that a carpenter wouldn’t install these tops for $The quote she presented were not stock countertops and thus more moneyI would propose to resolve this entire situation by calling it evenConsidering I gave her such a good price to begin with, her asking me for additional money would be insulting[EX: I removed her wall cabinet, took it apart and rebuilt it to half its original size, built shelves to fit her Kitchen dimensions and installed all this for $This was above and beyond what anyone would expectI did it so her finished product would look good and professional].Please let me know what your opinion is.Sincerely, [redacted]

All of this he said, she said bologne has gotten completely out of control & I just need for this whole thing to come to an end. He has quoted bits and pieces of my emails completely out of context, for his own purposes and I choose not to diginify them with a response.  If this should continue I don't see how this issue could ever come to rest.  He states that he will make a payment in the amount of $100, which I herby accept as a resolution to the issue at hand.
Revdex.com:I have reviewed the response made by the business in reference to complaint ID 10452186, and find that this resolution is satisfactory to me.  Regards, [redacted]

Business responded to complaint.  See attached. (There will be 6 more photos arriving in a separate email)
Business response copied and pasted below by Revdex.com staff 3/12/15.
FITZGERALD & COMPANY4164 West 217th Street   Fairview Park   Ohio   44126
class="Apple-tab-span"> March 12, 2015Revdex.com serving Greater Cleveland2800 Euclid Avenue, 4th flrCleveland, Ohio 44115-2408Dear [redacted],I have recently received several mailed letters and documents from you regarding a complaint from one of my recent customers. I apologize for the delay in my response. I was out of town Feb. 20 through Feb. 24. Upon returning, we had a family emergency that is just now settling down. (My Mother-in-Law had a stroke).Ms. [redacted],s statement of the Problem contains some truth. She had hired me on a verbal agreement to do some work in her kitchen. I installed a foam tile ceiling, trimmed out a window, including a stone sill and installed cabinet pulls and knobs. The tiles, sill and hardware were supplied by her and other materials and labor by me. I had originally quoted the jobs separately but then grouped them saying I could do it for $ 500.00 if no unforeseeable conditions appeared. I believe the work went quite well and [redacted] seemed quite pleased. I pointed out to her that it would be very difficult for me to install the window jamb and trim having the final result look professional due to the unprofessional installation of the existing old cabinets. (See photos). I proposed altering the cabinet to the right of her window from a double door cabinet to half size single door and adding exterior shelves. Being a friend of my wife’s, I had already given her a very good price on the original work, which she admitted she was aware of.  I said I would take care of her the best I could on this addition. I added $50.00 to the job to total $550.00.Unfortunately, I did damage her countertop by bumping it with a power sander. Upon explaining to her that it could not be repaired, I first offered her a “scratch and dent” settlement by saying I would not charge her anything for the materials or labor I had supplied if she thought she could live with the damage. I felt this was a fair offer that some people would appreciate. She expressed that was not sufficient. After some research, I informed her that the stock countertops she had in her Kitchen were discontinued. I proposed that she would pick out a stock countertop at Home [redacted], I would pay for the materials and replace her existing countertops. She agreed that this would work and that upon completion, she would pay me the original $550.00.I told her that I would be busy on another job but would get to hers asap. She shortly afterward began pressing me on a date that I would do the work. After some communication back and forth, I felt she was unfairly pressing me. (see attached). Then she accuses me that I never “finished” the original job; cabinet knobs missing behind dishwasher, edge molding on soffit. She had never originally told me about knobs behind the dishwasher and when it came up, I explained that it would push the dishwasher further into the Kitchen, furthermore she had told me prior that she didn’t even use the cabinets behind the (portable) dishwasher. The molding I told her, would add “bulk” to the edge of the soffit and that I thought it had a nice clean edge as is. (The original idea for edge moldings was mine since her walls were painted with a textured paint and it would be near impossible to paint the ceiling without the clean edge of the moldings).She became demanding, which I expressed to her that I did not appreciate it. She sent me a final email stating that I “was out”! Obviously she took some statements as “personal” and she chose to not allow me to complete the work as discussed. The stock countertops at Home [redacted] would cost $248.36 including tax. [(1) 10 ft. @ $114.00, (1) 6 ft. @ 84.00, (2) endcap sets 2 15.98 ea.].  With a very lenient total price on the original job of $550.00 less $248.36 in materials, the balance remaining of $301.64 could be used for labor. I find it hard to believe that a carpenter wouldn’t install these tops for $300.00. The quote she presented were not stock countertops and thus more money. I would propose to resolve this entire situation by calling it even. Considering I gave her such a good price to begin with, her asking me for additional money would be insulting. [EX: I removed her wall cabinet, took it apart and rebuilt it to half its original size, built shelves to fit her Kitchen dimensions and installed all this for $50.00. This was above and beyond what anyone would expect. I did it so her finished product would look good and professional].Please let me know what your opinion is.Sincerely,
[redacted]

Business responded.  See attached response and documents.
Business response copied and pasted below by Revdex.com staff 3/26/15.
FITZGERALD & COMPANY4164 West 217th Street    Fairview Park    Ohio    44126 March 20, 2015Revdex.com serving Greater Cleveland2800 Euclid Avenue, 4th flr.Cleveland, Ohio 44115-2408 Page 1 of 5Dear [redacted],The following explains my position at this point regarding the customer’s last response to the Revdex.com.I believe I have been and still am being quite fair and reasonable in the resolution of the problem. I would appreciate any help or opinion the Revdex.com may have in regards to this situation.Please contact me with any questions or suggestions.Sincerely,[redacted]MESSAGE FROM CONSUMER:I just want to be done with this whole thing and be rid of this character. my whole goal at this point is to warn the general public to be weary of this guy. I did tell him that I was unable to use the cabinets behind the dishwasher, but at no point in time did I state that I didn't want the cabinet pulls to be placed there, or at least drill the holes for the placement of those pulls at a later date. He made that decision on his own without any discussion with me. As far as adding the edging to the soffit, it wasn't until I pointed out the other things that were uncompleted that he stated that he thought it looked better without it. he made this decision without discussing it with me at all. He removed ceiling lighting, but did not replace it, leaving that up to me. he installed one of the cabinet pulls completely upside down, so now I'm left having to deal with it. my thoughts on that are, why should I have to do it when I paid him to install these things properly. he did build a shelf, but it was my understanding that the price, $500, included that. at no point in time did he ever express to me that he was planning to bill me an extra $50 beyond the original quoted price. He also left me a huge mess to clean up after he was supposedly done. He didn't bother to wipe up any of his dust & dirt. What it really boils down to is that I feel the reason he wanted me to call it even, was that he realized there was going to be an increased cost of labor, and potential materials, based on the fact that the old countertops, sink, faucet, garbage disposal, would all have to be removed. Another interesting point he keeps making is that "some people" would have just accepted the "scratch and dent" deal, leading me to believe that this isn't the first time he has caused this type of issue with past clients. In fact, he verbalized to me, at one point in time, that he was afraid that by removing the sink that he would cause plumbing problems that he may not be able to handle, leaving me to have to hire a plumber. of course, I was not willing to foot the bill for a plumber, since prior to his causing the damage there was absolutely no reason to remove the sink, etc.. The quote I provided may not be for what he considers to be stock countertops, but what he isn't taking into consideration is that I now have to foot the bill for the entire cost of labor. of that cost, $140 is just for the removal of the sink, so that the new countertops can be placed, and $200 for the removal & haul away of the damaged countertops. it isn't that I'm trying to take advantage of him, it's that I now bear the burden of the increased labor costs on top of the cost of the replacement tops. When I priced the so called "stock countertops" prior to making the decision that I did. the cost of labor alone was going to be $12/sq foot for installation & $8/sq foot for removal/haul away, which comes to $500 just for the labor, add in the cost of the "stock" tops and the total is now: $748.36, not including the cost of removal/reinstallation of the sink, etc. which I was quoted $140 for removal & $150 to reinstall, bringing the grand total to $1,038.36. all of this due to the fact that he thought it was ok to use my perfectly good countertops as his work bench. What he seems to be having a hard time grasping is: his poor choices are the entire reason that this whole thing is even happening. He is correct in the fact that I told him he was out. of course this was after he sent me an email in which he referred to me as, demanding, threatening, pushy, unreasonable, and harsh. Based on that email alone, why exactly would he have the mistaken impression that I would continue to do business with him? in fact his response to that was he feels that I obviously took some things "personal". what about being called names by someone whom I was paying, my very hard earned money, to do a job isn't personal? He should be thankful that I'm not dragging him into court. FITZGERALD & COMPANY March 20, 2015 Page 2 of 5 1. Regarding this customer’s “goal to warn the general public to be weary of this guy,’ why would it be that after 23 years of my business existing that there has never been a single complaint to the Revdex.com regarding any difficulties with any jobs I have done?2.  In regards to the statement about making my own decisions - Regarding the edging and cabinet hardware, the customer and I discussed this thoroughly.  In fact in the email dated February 9, the customer was relying on my opinion regarding the edging:Customer - “I thought that you were putting an edge piece on the ceiling area above the sink.  Did you decide against that?”3. Regarding the ceiling fixture, the requested holes to be drilled on the cabinets behind the dishwasher, the upside-down cabinet pull, I had told the customer that I would be glad to take care of these items when I come back to replace the countertops. However, the customer chose to not allow me to return.  See email dated  4. In regards to the customer’s dissatisfaction with my work, at no point was this expressed to me.  In fact in the email dated February 15, the customer stated that I was doing a great job”Customer – “You were doing such a great job, I don't want your mistake to keep you from fulfilling your agreement”5. In regards to the alleged “huge mess” left at the jobsite, the customer never mentioned this to me and I firmly disagree that such a mess existed.6. As far as the customer’s implication that “…he has caused this type of issue with past clients,” this is a completely unsubstantiated and unreasonable assumption. 7. Regarding the customer’s statement “…he was afraid that by removing the sink that he would cause plumbing problems…,” all I mentioned to the customer was that if in the process of removing the sink, there occurred any plumbing problems that were due to old and/or worn parts, such as the valves, that replacement of part or parts of the plumbing (valves, trap, etc.) may be necessary. Further, that if this was the case, these possible problems I felt should not be a cost that I should absorb. I said this is often the case in older homes with older plumbing. I never said the customer would have to “hire a plumber”. I have completely remodeled countless baths and kitchens and I am quite familiar with the process of such installations. FITZGERALD & COMPANY March 20, 2015 Page 3 of 5 8. In regards to the cost of removal of the old counter tops, in an email dated February 9, the customer expressed her desire to save the counter tops because she wanted to use reuse them for her laundry area.  (Her additional charge of $8 per square foot to remove and haul away the existing tops is irrelevant due to the fact that she plans to reuse them.):Customer – “When removing the current countertops it is my hope that they aren't destroyed in the process, as I was thinking that I may be able to reuse some of them in my laundry area.”9. In regards to the cost of the counter tops, the customer chose stock counter tops at [redacted], which were similar to her damaged counter top.  In the email dated February 9, the customer stated the similarity in color:Customer – “I have decided to go with the countertop called Jeweled Coral. It is almost the exact color of my current countertop.”10. I stated to the customer that the charge for the work I had completed is $550.  This was clearly stated in the email dated February 6.  The customer did not acknowledge that there was a discrepancy with the $550.   Contractor – “For the work done including the shelves/cabinet rebuild, I was thinking $550.00 and was planning on asking you if that sounded fair. As I mentioned before, I was trying to give you the best price I could. Of course, I feel bad about the countertop damage and would like to arrange something with you that you are still happy with the job.”11. Regarding the presumptuous statement that “he thought it was ok to use my perfectly good countertops as his workbench,” this is absolutely not true. I had told the customer that after the area of damage was brought to my attention that I realized it was caused by me and that it was unfortunate. I went on to say that in the occasion any contractor makes a human error, that the error is not nearly as important as what a good contractor does to correct it. In remodeling, things do not always go as planned. I did come to an agreement to correct the situation by replacing the countertops, which the customer agreed to.  Shortly after this agreement and with the understanding that I had to come back at a later date to replace the countertops, the customer began to show signs of unreasonable impatience, demands, etc. I took this as a possible warning that the customer may be one of the type that is either never happy or looking for unfair deals. Thus, I proceeded carefully with documentation. Some customers can be unreasonable and unfair just as some contractors can be.  FITZGERALD & COMPANY March 20, 2015 Page 4 of 512. I never “called the customer names”. I did tell the customer that her approach and communication with me had become unreasonable and that I did not appreciate it. I followed by stating that hopefully we could resolve the problem to the customer’s satisfaction.  Please see the email dated February 16 regarding my comments to the customer.Contractor - Many of your comments felt demanding, harsh and threatening.  None of which works with me.   (i.e. Telling me what hours I should work, demanding responses in certain time frame or contacting the Revdex.com).   Unless I have demonstrated any reason for you to be concerned, I do not understand your approach to communication. In fact, your approach actually concerns me because I do not know if you will be reasonable in resolving this matter.  Therefore, I will compose an agreement prior to replacing the tops that will spell out the concerns I mentioned to you regarding the condition of your cabinets and lack of quality in their installation. I agree that we need to go ahead with the solution we discussed in that I will replace your counter tops. I hope that we can resolve this in a respectful and satisfying manner. For any misunderstandings on my part, I apologize. I will work on confirming the schedule pending your response.13.  The customer is quoting a price of $12 per square foot to install the counter tops; however this price to install counter tops is not a fair quote.  Based on research and queries the cost to install the counter tops can range from $6.50 to $7.12 per square foot.  This, of course, would depend on the contractor.  If we take the average of the installation cost, that would be $6.72 per square foot.  Please see attached supporting documentation.  
FITZGERALD & COMPANY March 20, 2015 Page 5 of 5In summary:Based on the communication I had with the customer, at no point did she express any dissatisfaction with my work, she actually complimented me on the ‘great job’.  Also, she relied on me to make the decision to add the edging.  Again, documents support this as well.  The customer has stock counter tops and she acknowledged this by stating the stock counter tops at the local [redacted] improvement store had counter tops ‘almost exact color’  to hers.  In regards to the cost involved with the removal and hauling of the current counter tops, I do not feel this is valid because she is specifically reusing these countertops in another area in the house (see email).   The customer was clearly notified of the balance due.  At no time did she express dissatisfaction with the charges.  If we take the average of what it would cost to install the counter tops, the removal but not the hauling away of the existing countertops, the sink labor cost and the cost of the materials including tax, the grand total is $583.86. Considering the unpaid original job total is $ 550.00, the additional cost to the customer to have the countertops replaced as described would be $33.86. (See below).I propose to have the customer keep the $550.00 and I will forward a check for $100.00