Mallory Construction, Inc.

Initial Business Response /* (1000, 5, 2016/04/17) */
This customer has gone from very demanding to rude and abusive. In spite of this I have gone to extraordinary lengths and great personal expense to try to accommodate her every wish. In the beginning of our discussions regarding their desired...

kitchen remodel they indicated that they had an estimate for less money than my bid and that the contractor promised to complete the kitchen cabinets in one day I said I would not promise that. This customer called me one evening late in the remodeling process because the cabinet installer did not arrive that day as scheduled. This is the only day that men have not worked on her project as scheduled. I was completely shocked and surprised at the totally unreasonable and hysterical way in which she spoke to me. In her own words...'I've lost my mind"! I tried to calm her down and told her not to worry a one day of delay is an unfortunate nuisance, but that we will be moving forward tomorrow. I was stunned when she stated that we were way past the approximate completion date mentioned in our contract. She abruptly hung up the phone on me. The reason I was so surprised was that she had not expressed any anger or frustration prior to this time. In fact quite the opposite, and we had done numerous signed change orders up until that date that naturally had delayed the original approximately estimated completion date. I was amazed that she was not acknowledging this fact but I did not want to have a confrontation about it. In addition to these several change order delays the customer had ordered her own kitchen sink that was delayed at least one week, made numerous other changes to the original scope of work such as different color cabinets, different "ungraded" granite quality and color change of color again on cabinets in dining area etc. There was also time lost due to weather and unplowed snow on the roads. There were also additional delays and cost to me due to unforeseen problems inside the walls of the house once they were opened up. It appeared as though it would not be possible to install a narrow pantry cabinet that I had suggested which was an idea she really liked. The man said not to worry if it could not be done. I suggested that I might still be able to provide something along those lines with some extraordinary effort which the man offered to pay extra for at the time. This modification and all of these scheduling adjustments I performed as a kindness with out any additional cost to the customer. I incurred additional cost in order to try to accommodate the customer who up until that time had seemed grateful for my going the extra mile to serve them. The cabinet installer arrived the next day and my project manager was on the job also. I had asked him to tell the customer I would be there the following day (Saturday) with the cabinet supplier to check the work and make any adjustments that might be needed. When I arrived I tried to converse with the man of the house but the lady began yelling at me from the next room. Her tone and demeanor was so threatening that I just calmly left the project. She text me before I even got down the mountain that she felt like I was being disrespectful. She had requested that my project manager complete the project. I then called her husband to arrange a talk with myself and my project manager which he agreed to the following day at which time I learned she had actually followed me out to the driveway seeking a confrontation. I assured him that I was not angry and only wanted to complete the project. He was fully aware of all the points of importance with regard to timing and the subcontractors perspective. The subcontractor had done exhaustive traveling and research to provide the change in color of cabinets and other items the customer requested. He indicated that they would pay me as agreed but that his wife writes the checks. The customer was unaware of some of the circumstances that led to the break down with his wife. I explained that I had already paid the subcontractor the entire budget for the upgraded cabinets as it was required in order to try to accommodate his wife's color request. It was never actually dicussed in detail but a change in cabinet subcontractors was alluded to at this time. This was not an option for several reasons. One is the fact that no other subcontractor could move quickly to provide cabinets on the spot. The other cabinet maker that I have used since 1987 could not even look at the job for 3 weeks and could not deliver a new kitchen for approximately 3 months. If she had stayed with the original cabinet package I proposed it could be delivered the following day at any time and painted the color she had changed to after installation as originally agreed. Instead she opted to go with the last cabinet sample my supplier had provided. He had tried to be very accommodating to this customer but unfortunately was unable to provide the exact color the customer had changed to. It took several days (approximately 2 weeks) including weekends and 4 days that the client was out of the state and unable to view the samples and make a decision. I had suggested in the interest of time we go back to the original cabinets contracted for in the scope described in the contract and get the installation done the following day. The man of the house text me to hold off for now. When his wife returned to town she chose one of the 5 different sample colors that we had provided. All this additional travel and effort was done gratis by myself and my subcontractor. The customer had the nerve to call me and express that she thought I should give her a credit for painting of the cabinets because she was getting cabinets that were already painted from the manufactyurer. I explained that there would be no credit forthcoming because even though I was not performing the painting I was having to pay extra for the factory painted cabinets in an attempt to please her. The next conversation I had with her was the one mentioned earlier where she hung up on me. She has apparently had it in her mind that she was going to attempt to not pay me for my services ever since that time. She has micromanaged my crew and subcontractors for weeks and has texted me up to 20 times per day to say false and inflammatory remarks and to complain about minor blemishes on the cabinet doors all of which the cabinet supplier had already agreed to address. It is normal for minor adjestments to be needed such as doors and drawers not closing properly that a customer usually does not see. Due to the micromanagement of this homeowner there has never been a moment that she has not prematurely ridiculed the cabinet work being done even though it was not yet finished. The delays the customer is referring to having been arranged the night before was with the granite crew. There was in fact an issue with the sink base cabinet that caused the granite crew to arrive as scheduled but to be unalbe to perform their work. This was a great inconvenience and costly for the crew due to the distance and mountain driving in fog etc. It was hoped and expected that the cabinet adjustment could be made quickly (which it was) and the granite installer could return (which they did) but it could not all be completed in one day. Understandably the granite installer was unwilling return again until it had been confirmed that the cabinets were ready and the installation could be completed in one trip which they did the following day. Throughout this entire process my project manager has been holding her hand and giving her every assurance that the work is being completed as quickly as is humanly possible but she has unrealistic expectations and seems to feel like she is a victim even though everyone in this process has gone to great lengths to perform their obligations and more. Any hope of profit under this contract evaporated long ago. The only hope now is that this customer will do what's right and pay the amount she agreed to pay to help alleviate my losses to date. The fact of the matter is that most of the delays are due to the changes initiated by the homeowner or circumstances beyond the control of the contractor. Combined with the fact that I have already incurred many cost overruns to provide services beyond the intent of the original contract. Therefore any request on the part of the homeowner for any discount or "refund" as she put it of any kind is completely out of the question. Prior to receiving this notice from the Revdex.com there was no indication that anything of this nature was brewing in her mind. My crew has dutifully been on the job every week day and weekends. My project manager has reported to me everyday that the work is progressing steadily and that the customers have been kept informed of every detail and are 'fine'. I expect payment in full tomorrow 4/18/16 upon substantial completion of all work as agreed.
Initial Consumer Rebuttal /* (3000, 7, 2016/04/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I don't know which is more baffling, the fact that as of 4/21 the project is still NOT completed or the contractor's general lack of facts in his response. We have multiple nicks, scratches and gouges in the cabinets that were installed. The cabinet subcontractor came and attempted to "fix" these with a wax crayon that just left dirty smudges all over the face of the cabinets. None of the large scratches and gouges have been remedied using this method. He ran out of material on 4/16 and said he would be back with more material to continue fixing the issues, he was supposed to be up at the house on 4/18 and was a no show. I have plywood sub-flooring sticking out from under the "new" cabinets because they were not installed to completely cover the sub-flooring, I have plywood showing under the granite bullnose because the sink cabinet wasn't cut properly and they had to add to the counter thickness so the granite laid on top of the sink rim, I have cabinet doors that don't close properly, the cabinet installer didn't use a miter cut on the trim and nailed it in in an 'L' shape, crown molding that doesn't line up in various places and instead of re-cutting a new piece, they blurred the lines with ridiculously large amounts of wax in an attempt to hide the shoddy workmanship and I have a tall pantry cabinet that was installed in the wrong color. When we ask about getting the tall pantry cabinet matched to the rest of the kitchen, the GC says it's the subs job and the sub says it's the GC's job. Every time the project manager is at the house, we advise him of all the issues and what we are unhappy about. We have never told him that we were "fine". We have been texting the GC, project manager AND the cabinet subcontractor photos and reports of what we are unhappy about regarding attendance, tardiness, wok ethic, cabinet defects and lack of quality workmanship; so the general contractor should be well aware of how displeased we are with the project progress and current outcome.
Final Consumer Response /* (4200, 15, 2016/05/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Again, the job is unfinished and it is apparent to me that [redacted] has abandoned the project. A brown cabinet in the middle of my grey and white kitchen was never accepted by me or my husband. There are no knobs or pulls installed on the cabinets and there are still areas of poor workmanship such as cracked grout, damaged flooring and nicks, chips, scratches and gouges in the cabinet doors and frames. Photos of the issues have been sent to the Revdex.com for their review.
Final Business Response /* (4000, 17, 2016/05/27) */
My attorney has advised me not to continue to waste my valuable time and energy in responding to the repetitious and frivolous claims of this disgruntled customer through this medium. The customer continues to generate lies and misrepresentations of facts in an apparent attempt to intimidate me and to justify her intent to defraud me of monies rightfully owed to me. Most of the pictures and captions she provided are not an accurate representation of the finished product I delivered to this customer. Most are old pictures taken while the work was still in progress. The caliber of the work I performed under this contract exceeds the quality level considered "standard of the industry", and was accepted by her husband with a hand shake and promise to wire the balance owed directly to my operating account which was never done. This matter is in the process of being litigated through the court system, and I will continue to pursue all legal means at my disposal in order to obtain full payment for the work performed on behalf of this customer. I see no benefit to continually respond to these repeated false and inflammatory claims. Please refrain from any further contact with me with regard to this customer. Respectfully,