Dan N/Stairfitters contracted to replace my staircases.I paid him 50% up front in good faith. He and his crew made a shambles of MY HOME. I'M STUCK
I contracted to have my staircases refaced (April 14 start date) with Stairfitter / Dan N. I paid him 50% upfront $3700 (visa). He told me that it was a 2 day job. He and his "unlicenced friends" took 6 days to turn both my front and back staircases in my home into little more than miscut, uneven kindling. Both my staircases are worse than before. On the 6th day Dan N told me he was finished (and I quote "doesn't it look great?") and tried to strong arm me into signing off that the job was complete and paying him the balance. I called his corporate parent NuStair in Colorado. Their brand President Jennifer Z told me they would do nothing for me. Dan N contracted to do work for me that he doesn't have the skills to do. I tried to get Nustair corporate to send someone from another market (Nashville) to repair/replace my staircases Brand President Z ignored me. Dan N is now ignoring any attempt to get in contact with him. I have many photos of the shambles that Dan N created of my staircases.
Desired Outcome
I originally requested from his parent company to get another Stairfitter contractor/employee from another market (closest one is Nashville) to fix/ replace/repair the mess that was left by Dan N. His office refused to help me. Then we wanted replacement parts for the miscut/ misinstalled items. Dan N went from "I'll do some" to "all" to "none' He then said everything was installed to company specs. When I spoke to the Company President Mr. Steve M, he said after looking at the pictures I sent him that they were not even close to their standards. After all the games, apathy and ignoring us, I just want a refund. I have already had another contractor helping us to prepare to get them replaced. But I cannot do that until this is resolved. Dan N has misrepresented and lied to me about everything regarding this job.
Re-Stair Response
Stairfitter by CSSC LLC
Dan N owner
***
*** job:
March 2017 sign agreement for Stairfitter to reface stairs with NuStair. (See PDF Sales Contract)
The contact included a 3-day cancellation period which was observed. The contract was reviewed that includes "Notice of Intent to Lien" "Change orders" and "Termination clauses.
The installation began Thursday April 13th , as the homeowner requested a later a delay in the installation resulting in starting Easter weekend we took Good Friday and Easter weekend with the understanding of the homeowner off.
Monday April 17th the install resumed, and the homeowner had started the painting, flooring and stairs on the same week. (this was not mentioned and some superficial damage was done to stair work).
The work is substantially completed by Friday April 21st and I told *** we needed a day preferably next Tuesday the 25th to complete the trim, caulking and touch staining to finish the job. I was unable to finish the job due to the other trades trying to complete their work and interfering with my ability to complete the work without damaging it. I mentioned I had the final paperwork available in the truck for his review if he wanted to go ahead and pay either way I needed to schedule a day to finish the work as it was not yet done. I have had many customers present me with final payment when the work was almost complete I mistakenly thought this if the ***.
The Work is still incomplete and needs a day of touch up and trim. We don't paint but we prep trim for painting (i.e. Caulking and setting nails)
The homeowner in less than 30 minutes called the Franchise Corporate office and accused me of abandoning the job, trying to scam them, etc.
I called *** he became belligerent, insulting and threating. My best course of action was to first text then Email to try to resolve.
***'s first demand was for all new stair parts, stained and he would have our work removed and replaced. (See 1st response) I was agreeable to reviewing the request and I countered with the offer to provide replacement treads that do not meet manufacturers standards for installation. The contractor was to call me and we would have the corporate office on the call as well to insure proper installation of the products. This was to happen by May 5th there was no response till the 9th.
My response was, has and will be we will replace any products that do not adhere to manufacturers guidelines and install them at no charge.
I provided a punch list with pictures and description of work we needed to complete, he has refused to acknowledge it and the fact the job is not finished or completed.
The homeowner has repeatedly threatened to sue, reverse charges and has yet to acknowledge the sales agreement we have in place. I am under no obligation to provide any parts or labor as he has utilized his "Termination clause of the contract" (see above).
Any offers I make regarding parts or labor are in response to trying to provide customer service.
After not meeting the May 5th deadline, I attempted again to propose a solution I would send a licensed contractor at my expense to review the job, provide a parts list for any product not meeting factory guidelines and have him install the parts and finish the job, with the provision of payment for the balance owed of $3750.00.
*** was directed to visit with the patent holder and manufacturer of NuStair regarding installation Steve M. *** accused him of not returning calls he was in the hospital with heart issues and returned ***s call.
*** had an attorney contact our corporate office and me who as it turns out is his family member that is not licensed to practice law in Tennessee. I visited with her and sent copies of the documentation to her as a courtesy as she is not a practicing attorney in Tennessee.
To summarize I have attached a scope of work with manufacturers guidelines, copies of communication, contracts and a copy of a refund for overpayment at the beginning of the job.
My request is to remove any reviews and comments made by *** and if he continues to degrade me and reputation I have a licensed attorney who will seek legal recourse for libel.
The contact included a 3-day cancellation period which was observed. The contract was reviewed that includes "Notice of Intent to Lien" "Change orders" and "Termination clauses.
Changes and Change Orders: Any changes to the work, including but not limited to changes necessitated by undisclosed, unidentified or unforeseen conditions on the site, are subject to a written Change Order ("Change Order") signed by Customer and Stairfitter(r) by CSSC and any additional products or services included in such Change Order will be paid for in full before any such change is made. Stairfitter(r) by CSSC or its authorized service provider will not attempt to remediate any such undisclosed, unidentified or unforeseen conditions and may immediately discontinue the Installation or ask for a Change Order. Neither Stairfitter(r) by CSSC nor its authorized service provider is responsible for delays caused by events beyond either's control including but not limited to acts of nature, governmental actions, delivery delays or damages caused by third parties, labor strikes, Customer's credit or financing, or any incorrect information or non-compliance with this Agreement by Customer.
Liens; Security Interests: As permitted by Law, Stairfitter(r) by CSSC has the right to place security interests against Customer's property if Customer fails to make required payments under this Agreement. If Customer makes the required payments, Stairfitter(r) by CSSC will not place, or permit its Authorized Service Provider to place, any security interests against Customer's property. After paying on any completed distinct phase of the work, Customer may request from the authorized service provider a signed lien release and waiver of any right to place any claim against Customer's property applicable to the work then completed.
Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, Stairfitter(r) by CSSC may immediately terminate the Agreement without further obligation. If Customer terminates this Contract after the cancellation period but before the materials are ordered, Customer will pay a service charge equal to the greater of 10% of the Contract amount or the actual costs incurred to date. If any such termination by Customer occurs after the materials are ordered, Customer will pay a service charge equal to the greater of25% of the Contract amount or the actual costs incurred to date.
Questions or Concerns? If Stairfitter(r) by CSSC and its authorized service provider are unable to answer Customer's questions, Customer may contact Stairfitter(r) at www.Stairfitter(r).com.
PS. See scope of work
SCOPE OF WORK
Stairfitter(r) is an overlay system designed to provide hardwood stair solutions to existing stair cases with removing or rebuilding the existing framing. This application provides hard wood prefinished stairs, risers, landings and other accessories for a complete hardwood stair system. Our unique strategy involves using our patented overlay system, NuStair(r), which is the only one that complies with IRC guidelines. No matter what type of setup you already have at your place, we can create overlays that will be custom fitted to your specifications.
Preparation Process
To ensure the best results of a beautifully finished staircase, a preparation will be completed prior to installation by Stairfitter(r).
Existing carpet, tacks, nails and debris is removed from the existing staircase.
Existing stair sub treads are tightened with and additional fastening system.
The alignment and depth of existing sub treads are verified for correctness and corrected to comply with NuStair(r) requirements.
Home owner is notified of any unseen structural issues. Stairfitter(r) may repair and prep these for installation of NuStair(r) products upon completion of an agreement process.
Installation Process
This is the necessary scope and process that must be followed to ensure the best results to a beautiful staircase.
NuStair(r) treads are installed per manufacturer's instructions and guidelines.
NuStair(r) requires a specific adhesive to be used to maintain the warranty of the treads.
If there are uneven surfaces on the existing staircase, a gapping may occur between a tread and skirt board. (With an allowance of up to 7/32" tolerance.) If this does occur, an application of opaque filler is used to close the gap.
Gaps may also occur on risers due to existing uneven surfaces and skirt board movement. (With an allowance of up to 7/32" tolerance - shadow line). Paintable caulk may be used to fill gaps on the face of risers. (Stairfitter(r) is not responsible for painting, unless otherwise indicated on the Home Improvement Agreement.)
Railings and baluster require some light sanding and touch-up staining after the installation. Stairfitter(r) provides drop cloths and basic cleanup of dust caused by any necessary sanding. (Only the affected areas of work.)
Fasteners for railings, parts, and newels require some drilling into the wood which may result in holes. These are filled with wood plugs that require filler and local staining. As with any hand application there can be subtle variations in the application, and may result in some slight visibility.
Most installations of stair treads can be completed in the same day, but Stairfitter(r) does not guarantee one-day installation on all staircases.
*** Stair parts installations are a separate process than stair tread installations and usually add additional time to compete installation.
Stairfitter(r) requires complete access to stairs and cannot work in conjunction with other trades while installing, as other construction may interfere with the installation process and affect the overall results and/or slow the installation. If this occurs, Stairfitter(r) is not responsible for the delay or damages incurred as the result of additional traffic or constructional dust, etc.
Completion and Cleanup
Once installation is completed, Stairfitter(r) will complete the following cleanup.
The minor debris from installation is stacked neatly in an area the home owner designates unless otherwise referred to in the Home Improvement Agreement.
After installation completion, Stairfitter(r) will sweep, vacuum, and apply a final wipe-down of the stairs and railings. Cleanup is confined to the staircase and immediate working areas.
Sawdust is a byproduct of wood cutting; therefore, the dust from the cutoffs in the work area will be blown or swept into the nearby grassy area. As sawdust is biodegradable it should not present any damage to the grass. (Stairfitter(r) is not responsible for any damage to grass or plants.)
WOOD/FINISH AWARENESS
This form must be submitted with all orders.
We are dedicated to customer satisfaction! We take pride in hand-crafting beautiful stairs and accessories for your home using the fi nest woods and finishes. We feel it is important to explain some of the natural characteristics of woods and finishes which will have variations simply because of their hand-application and their natural origins. Perfection and consistency can be achieved with synthetic products like laminates and plastics, but with natural woods and hand-applied finishes, variations are inevitable and part of their unique beauty and charm. The variations outlined below are natural characteristics and should not be considered reason for product replacement or warranty.
CHARACTERISTICS OF WOOD
Color, Grain & Texture: Wood is a product of nature and will vary in color, texture and grain. This natural variation is part of the beauty, character and charm of wood - no two pieces are exactly alike. Stairs and accessories is crafted with many different types and cuts of wood - solid wood, veneer and plywood - and each can affect the final look of the finish. Even the soil and climate in which a tree grew, can affect the color and graining and how the wood accepts a finish.
Age/Mellowing: As wood ages and with exposure to sunlight and other elements, it will change slightly in color - this is called "mellowing". In most species, the color will darken slightly but with Alder, it will actually become a shade lighter. This color change is subtle and occurs over time but can occur rapidly with intense, direct exposure to sunlight. (See below.)
Moisture/Humidity: All woods are affected by moisture and seasonal changes in humidity. In high humidity conditions, wood will expand, and in low humidity, wood will contract. This normal wood movement is more noticeable with mitered joints (some door styles) and "Inset" stairs and accessories. It is important to maintain year-round humidity levels (during storage, installation and use) at approximately 35%. Stairs and accessories (and any wood product) should not be exposed to extreme fluctuations in temperature and/or humidity.
CHARACTERISTICS OF FINISH
Hand-applied finishes (stains, paints, glazes and various distressing techniques), enhance the natural beauty of the wood. As with any hand-application, there can be subtle variations in the application, the absorption of the stain, and the glaze detailing. Glazes and hand-distressing techniques require an especially artistic application and are meant to be random. For all woods and finishes, it is important to view samples and displays to see the full spectrum of color and wood variation that can occur. This is especially important for any glazed or distressed finishes due to their artistic application. Selections should not be based off a small color chip alone.
Customer Response
Revdex.com case # ***
***
re: Stairfitters / Dan N
I would like to correct the inconsistencies in Dan Neal's response to my complaint.
The reason Dan N started his work at my house on April 13th was because his company (Nustair) was late in delivering his ordered materials because of being snowed in. He asked me to reschedule his work at my home to start on April 13. I had to reschedule another contractor to accommodate him but it wasn't too much of an inconvenience. Dan N / Stairfitter told me that my job would require 2 days to complete. Work should have been completed on Monday April 17 ( Dan N required Friday April 15 off. )
Dan didn't finish on Monday April 17th. He told me he would need an additional day. He worked at my home on April 18, the work still wasn't completed. I was alarmed at all the miss cut stair treads and risers on my staircases. I was alarmed at the fact that the wood flooring Dan N put down on the landings was uneven and had large gaps between the boards and the fact that the majority of the balusters on the new staircase were not level. Upon asking Dan about these issues he told me not to worry, that everything would be all right and that he would use silicone to mask the incorrectly cut steps and risers and that it would "trick the eye" (his phrase.) I told him that was not acceptable as we didn't hire him to give us shoddy workmanship. He promised me that he would fix everything. At the end of Tuesday April Dan told me that he had incorrectly cut the banister and would need to bring another one to replace it. He assured me he would be finished the following day (April 19.) Dan showed up the next day with a new banister and with a carpenter to cut it. They got the new banister cut and installed but not to what we had requested. At end of day Wednesday April 19, Dan asked me for another day to finish. At this point I had no choice but to agree. Dan returned to work the next day, April 20. I tried again to address all the mistakes and shoddy workmanship that had been performed on the job. Dan kept telling me that it would be all right and not to worry myself about it.
Seeing the problem and mistakes were not going to be rectified, I called the parent company of Dan's Stairfitter business called Nustair in Colorado and had to leave a message for their Brand President, Ms. Jennifer Z. I left a brief explanation and asked her to call me to rectify it. Dan was not aware I called. At end of day on Thursday April 20, Dan still wasn't finished. He asked me for one more additional day and swore that he would be finished the next day (Friday April 21.) I had no choice but to agree.
Dan returned to my home on Friday April 21 to finish work. About 2 PM he announced he was finished, "didn't it look great" and he wanted me to sign off on the job and pay him the balance. I asked him to address all the issues, mistakes, incorrectly cut wood and such, he told me to sign his paperwork, pay him the balance and he would come back another time to touch up the stairs with his proprietary stain. Not sure what he meant by that. I asked him again about all the issues (incorrectly cut steps,etc) He kept pushing me to sign and pay him at that time. I was very uncomfortable with him doing this to me. I told him repeatedly that I wasn't signing anything at this time. I finally got him to leave my home by telling him that someone would be contacting him (his corporate office, I was hoping.)
Ms. Jennifer Z, the Brand President of Nustair called me about 3 pm the same day. I explained what had happened and asked her if she could help with my situation. I asked about getting a competent employee from Nustair to fix my repair / replace the disaster that my staircases were turned into. She asked me to send her pictures. I sent her 124 pictures of all the issues and mistakes.
I received an email from Dan N on April 24th with a hastily thrown together punch list (the majority of damaged steps and landings not included) and a halfhearted I don't know. Let me reiterate that Dan N did not ever mention a punch list on Friday April 21. He didn't have one. All he did was pressure me to sign off and give him a credit card number.
I had a final face to face meeting with Dan N on Wednesday, April 26 at my home to try to address my issues / problems. He said that he had seen the pictures. All I got from Dan was excuses. He did admit that he lied to me and that he did try to get me to sign off the job as being completed and ask for payment when it not only was not complete but was a shambles. I have a recording of the meeting I will send you on request. I have over 100 photos of both staircases I will send to the Revdex.com if needed as well.
I have a long email chain with Dan N, Jennifer Z and I also included Mr. Steve M. Promises of fixing / replacing some, then more and finally none of the problems and issues involved. One of the final emails has Dan N telling me that everything was done to Nustair standards. Ms. Z ignored my emails for 5 weeks after the initial contact thread (she was copied on everything) until the situation went from incendiary to nuclear.
Mr. M (President of the Company) returned my call after recovering from an illness. He said he reviewed the pictures that I forwarded him and agreed that it wasn't to Nustair standards. He also informed me that Dan N did not speak to him (Dan said he did) as he was in the hospital. He said he would investigate and call me to discuss. He never called me back. He never answered any of my subsequent messages (both phone and email.) Ms. Z emailed me the next day (June 4) with an offer that Dan N replace some of the damaged stair components but leaving us with having to replace the rest ourselves, as well as the landings for both staircases and for the banister and pay for any additional labor expenses. I responded asking what about all the other problems / issues / compenents to be replaced. I never received an answer.
I repeatedly told Dan N, Ms. Jennifer Z and Mr. Steve M that all we wanted was what we contracted to receive. Dan N does not know how to do the work he contracted to do for us. Before we hired him he told me that he had done 4 staircases of this type. During his time working at our house he he told my wife that it was the 1st time he had ever done a staircase with metal balusters.
No mention of charges or money from us until we realized that Dan N was never going to make this right. I didn't file a complaint for 5 months over this hoping to get it worked out. I repeatedly told them that I did not want to litigate over this. I still don't wish to but they are forcing us.
***
Germantown TN 38138
Re-Stair Response
My final response to *** issue:
We have a signed agreement with a balance owing of $3750.00 that has been disregarded, and we have made several offers to appease the homeowner.
1st - We needed to finish the job there are approximately 5 to 6 hours of touch and finish work to completed. Balance to be paid
2nd - We offered replacement parts for any stair that did not meet factory installation standards (this was supplied to homeowner) with the stipulation that original parts be provided for exchange. This included a phone consultation with the contractor of their choosing. A phone call was arranged with the patent holder to discuss installation. Mr. M the patient holder and President of the manufacturing firm in no uncertain terms informed homeowner of the standards and according to the photographs supplied met the standard and he saw no issue with the work performed. Written statement available upon request. Again the balance was to be paid.
3rd - We offered to supply a separate licensed General Contractor paid for by us to inspect and finish the work with the balance to paid.
The agreement the home owner signed has a termination and cancellation clause. See below:
Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, Stairfitter(r) by CSSC may immediately terminate the Agreement without further obligation. If Customer terminates this Contract after the cancellation period but before the materials are ordered, Customer will pay a service charge equal to the greater of 10% of the Contract amount or the actual costs incurred to date. If any such termination by Customer occurs after the materials are ordered, Customer will pay a service charge equal to the greater of 25% of the Contract amount or the actual costs incurred to date.
As of this response this contract is terminated by the home owner and Stairfitter by CSSC. There is a balance due beyond the original deposit.
Dan N/Stairfitters contracted to replace my staircases.I paid him 50% up front in good faith. He and his crew made a shambles of MY HOME. I'M STUCK
I contracted to have my staircases refaced (April 14 start date) with Stairfitter / Dan N. I paid him 50% upfront $3700 (visa). He told me that it was a 2 day job. He and his "unlicenced friends" took 6 days to turn both my front and back staircases in my home into little more than miscut, uneven kindling. Both my staircases are worse than before. On the 6th day Dan N told me he was finished (and I quote "doesn't it look great?") and tried to strong arm me into signing off that the job was complete and paying him the balance. I called his corporate parent NuStair in Colorado. Their brand President Jennifer Z told me they would do nothing for me. Dan N contracted to do work for me that he doesn't have the skills to do. I tried to get Nustair corporate to send someone from another market (Nashville) to repair/replace my staircases Brand President Z ignored me. Dan N is now ignoring any attempt to get in contact with him. I have many photos of the shambles that Dan N created of my staircases.
I originally requested from his parent company to get another Stairfitter contractor/employee from another market (closest one is Nashville) to fix/ replace/repair the mess that was left by Dan N. His office refused to help me. Then we wanted replacement parts for the miscut/ misinstalled items. Dan N went from "I'll do some" to "all" to "none' He then said everything was installed to company specs. When I spoke to the Company President Mr. Steve M, he said after looking at the pictures I sent him that they were not even close to their standards. After all the games, apathy and ignoring us, I just want a refund. I have already had another contractor helping us to prepare to get them replaced. But I cannot do that until this is resolved. Dan N has misrepresented and lied to me about everything regarding this job.
Stairfitter by CSSC LLC
Dan N owner
***
*** job:
March 2017 sign agreement for Stairfitter to reface stairs with NuStair. (See PDF Sales Contract)
The contact included a 3-day cancellation period which was observed. The contract was reviewed that includes "Notice of Intent to Lien" "Change orders" and "Termination clauses.
The installation began Thursday April 13th , as the homeowner requested a later a delay in the installation resulting in starting Easter weekend we took Good Friday and Easter weekend with the understanding of the homeowner off.
Monday April 17th the install resumed, and the homeowner had started the painting, flooring and stairs on the same week. (this was not mentioned and some superficial damage was done to stair work).
The work is substantially completed by Friday April 21st and I told *** we needed a day preferably next Tuesday the 25th to complete the trim, caulking and touch staining to finish the job. I was unable to finish the job due to the other trades trying to complete their work and interfering with my ability to complete the work without damaging it. I mentioned I had the final paperwork available in the truck for his review if he wanted to go ahead and pay either way I needed to schedule a day to finish the work as it was not yet done. I have had many customers present me with final payment when the work was almost complete I mistakenly thought this if the ***.
The Work is still incomplete and needs a day of touch up and trim. We don't paint but we prep trim for painting (i.e. Caulking and setting nails)
The homeowner in less than 30 minutes called the Franchise Corporate office and accused me of abandoning the job, trying to scam them, etc.
I called *** he became belligerent, insulting and threating. My best course of action was to first text then Email to try to resolve.
***'s first demand was for all new stair parts, stained and he would have our work removed and replaced. (See 1st response) I was agreeable to reviewing the request and I countered with the offer to provide replacement treads that do not meet manufacturers standards for installation. The contractor was to call me and we would have the corporate office on the call as well to insure proper installation of the products. This was to happen by May 5th there was no response till the 9th.
My response was, has and will be we will replace any products that do not adhere to manufacturers guidelines and install them at no charge.
I provided a punch list with pictures and description of work we needed to complete, he has refused to acknowledge it and the fact the job is not finished or completed.
The homeowner has repeatedly threatened to sue, reverse charges and has yet to acknowledge the sales agreement we have in place. I am under no obligation to provide any parts or labor as he has utilized his "Termination clause of the contract" (see above).
Any offers I make regarding parts or labor are in response to trying to provide customer service.
After not meeting the May 5th deadline, I attempted again to propose a solution I would send a licensed contractor at my expense to review the job, provide a parts list for any product not meeting factory guidelines and have him install the parts and finish the job, with the provision of payment for the balance owed of $3750.00.
*** was directed to visit with the patent holder and manufacturer of NuStair regarding installation Steve M. *** accused him of not returning calls he was in the hospital with heart issues and returned ***s call.
*** had an attorney contact our corporate office and me who as it turns out is his family member that is not licensed to practice law in Tennessee. I visited with her and sent copies of the documentation to her as a courtesy as she is not a practicing attorney in Tennessee.
To summarize I have attached a scope of work with manufacturers guidelines, copies of communication, contracts and a copy of a refund for overpayment at the beginning of the job.
My request is to remove any reviews and comments made by *** and if he continues to degrade me and reputation I have a licensed attorney who will seek legal recourse for libel.
The contact included a 3-day cancellation period which was observed. The contract was reviewed that includes "Notice of Intent to Lien" "Change orders" and "Termination clauses.
Changes and Change Orders: Any changes to the work, including but not limited to changes necessitated by undisclosed, unidentified or unforeseen conditions on the site, are subject to a written Change Order ("Change Order") signed by Customer and Stairfitter(r) by CSSC and any additional products or services included in such Change Order will be paid for in full before any such change is made. Stairfitter(r) by CSSC or its authorized service provider will not attempt to remediate any such undisclosed, unidentified or unforeseen conditions and may immediately discontinue the Installation or ask for a Change Order. Neither Stairfitter(r) by CSSC nor its authorized service provider is responsible for delays caused by events beyond either's control including but not limited to acts of nature, governmental actions, delivery delays or damages caused by third parties, labor strikes, Customer's credit or financing, or any incorrect information or non-compliance with this Agreement by Customer.
Liens; Security Interests: As permitted by Law, Stairfitter(r) by CSSC has the right to place security interests against Customer's property if Customer fails to make required payments under this Agreement. If Customer makes the required payments, Stairfitter(r) by CSSC will not place, or permit its Authorized Service Provider to place, any security interests against Customer's property. After paying on any completed distinct phase of the work, Customer may request from the authorized service provider a signed lien release and waiver of any right to place any claim against Customer's property applicable to the work then completed.
Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, Stairfitter(r) by CSSC may immediately terminate the Agreement without further obligation. If Customer terminates this Contract after the cancellation period but before the materials are ordered, Customer will pay a service charge equal to the greater of 10% of the Contract amount or the actual costs incurred to date. If any such termination by Customer occurs after the materials are ordered, Customer will pay a service charge equal to the greater of25% of the Contract amount or the actual costs incurred to date.
Questions or Concerns? If Stairfitter(r) by CSSC and its authorized service provider are unable to answer Customer's questions, Customer may contact Stairfitter(r) at www.Stairfitter(r).com.
PS. See scope of work
SCOPE OF WORK
Stairfitter(r) is an overlay system designed to provide hardwood stair solutions to existing stair cases with removing or rebuilding the existing framing. This application provides hard wood prefinished stairs, risers, landings and other accessories for a complete hardwood stair system. Our unique strategy involves using our patented overlay system, NuStair(r), which is the only one that complies with IRC guidelines. No matter what type of setup you already have at your place, we can create overlays that will be custom fitted to your specifications.
Preparation Process
To ensure the best results of a beautifully finished staircase, a preparation will be completed prior to installation by Stairfitter(r).
Existing carpet, tacks, nails and debris is removed from the existing staircase.
Existing stair sub treads are tightened with and additional fastening system.
The alignment and depth of existing sub treads are verified for correctness and corrected to comply with NuStair(r) requirements.
Home owner is notified of any unseen structural issues. Stairfitter(r) may repair and prep these for installation of NuStair(r) products upon completion of an agreement process.
Installation Process
This is the necessary scope and process that must be followed to ensure the best results to a beautiful staircase.
NuStair(r) treads are installed per manufacturer's instructions and guidelines.
NuStair(r) requires a specific adhesive to be used to maintain the warranty of the treads.
If there are uneven surfaces on the existing staircase, a gapping may occur between a tread and skirt board. (With an allowance of up to 7/32" tolerance.) If this does occur, an application of opaque filler is used to close the gap.
Gaps may also occur on risers due to existing uneven surfaces and skirt board movement. (With an allowance of up to 7/32" tolerance - shadow line). Paintable caulk may be used to fill gaps on the face of risers. (Stairfitter(r) is not responsible for painting, unless otherwise indicated on the Home Improvement Agreement.)
Railings and baluster require some light sanding and touch-up staining after the installation. Stairfitter(r) provides drop cloths and basic cleanup of dust caused by any necessary sanding. (Only the affected areas of work.)
Fasteners for railings, parts, and newels require some drilling into the wood which may result in holes. These are filled with wood plugs that require filler and local staining. As with any hand application there can be subtle variations in the application, and may result in some slight visibility.
Most installations of stair treads can be completed in the same day, but Stairfitter(r) does not guarantee one-day installation on all staircases.
*** Stair parts installations are a separate process than stair tread installations and usually add additional time to compete installation.
Stairfitter(r) requires complete access to stairs and cannot work in conjunction with other trades while installing, as other construction may interfere with the installation process and affect the overall results and/or slow the installation. If this occurs, Stairfitter(r) is not responsible for the delay or damages incurred as the result of additional traffic or constructional dust, etc.
Completion and Cleanup
Once installation is completed, Stairfitter(r) will complete the following cleanup.
The minor debris from installation is stacked neatly in an area the home owner designates unless otherwise referred to in the Home Improvement Agreement.
After installation completion, Stairfitter(r) will sweep, vacuum, and apply a final wipe-down of the stairs and railings. Cleanup is confined to the staircase and immediate working areas.
Sawdust is a byproduct of wood cutting; therefore, the dust from the cutoffs in the work area will be blown or swept into the nearby grassy area. As sawdust is biodegradable it should not present any damage to the grass. (Stairfitter(r) is not responsible for any damage to grass or plants.)
WOOD/FINISH AWARENESS
This form must be submitted with all orders.
We are dedicated to customer satisfaction! We take pride in hand-crafting beautiful stairs and accessories for your home using the fi nest woods and finishes. We feel it is important to explain some of the natural characteristics of woods and finishes which will have variations simply because of their hand-application and their natural origins. Perfection and consistency can be achieved with synthetic products like laminates and plastics, but with natural woods and hand-applied finishes, variations are inevitable and part of their unique beauty and charm. The variations outlined below are natural characteristics and should not be considered reason for product replacement or warranty.
CHARACTERISTICS OF WOOD
Color, Grain & Texture: Wood is a product of nature and will vary in color, texture and grain. This natural variation is part of the beauty, character and charm of wood - no two pieces are exactly alike. Stairs and accessories is crafted with many different types and cuts of wood - solid wood, veneer and plywood - and each can affect the final look of the finish. Even the soil and climate in which a tree grew, can affect the color and graining and how the wood accepts a finish.
Age/Mellowing: As wood ages and with exposure to sunlight and other elements, it will change slightly in color - this is called "mellowing". In most species, the color will darken slightly but with Alder, it will actually become a shade lighter. This color change is subtle and occurs over time but can occur rapidly with intense, direct exposure to sunlight. (See below.)
Moisture/Humidity: All woods are affected by moisture and seasonal changes in humidity. In high humidity conditions, wood will expand, and in low humidity, wood will contract. This normal wood movement is more noticeable with mitered joints (some door styles) and "Inset" stairs and accessories. It is important to maintain year-round humidity levels (during storage, installation and use) at approximately 35%. Stairs and accessories (and any wood product) should not be exposed to extreme fluctuations in temperature and/or humidity.
CHARACTERISTICS OF FINISH
Hand-applied finishes (stains, paints, glazes and various distressing techniques), enhance the natural beauty of the wood. As with any hand-application, there can be subtle variations in the application, the absorption of the stain, and the glaze detailing. Glazes and hand-distressing techniques require an especially artistic application and are meant to be random. For all woods and finishes, it is important to view samples and displays to see the full spectrum of color and wood variation that can occur. This is especially important for any glazed or distressed finishes due to their artistic application. Selections should not be based off a small color chip alone.
Revdex.com case # ***
***
re: Stairfitters / Dan N
I would like to correct the inconsistencies in Dan Neal's response to my complaint.
The reason Dan N started his work at my house on April 13th was because his company (Nustair) was late in delivering his ordered materials because of being snowed in. He asked me to reschedule his work at my home to start on April 13. I had to reschedule another contractor to accommodate him but it wasn't too much of an inconvenience. Dan N / Stairfitter told me that my job would require 2 days to complete. Work should have been completed on Monday April 17 ( Dan N required Friday April 15 off. )
Dan didn't finish on Monday April 17th. He told me he would need an additional day. He worked at my home on April 18, the work still wasn't completed. I was alarmed at all the miss cut stair treads and risers on my staircases. I was alarmed at the fact that the wood flooring Dan N put down on the landings was uneven and had large gaps between the boards and the fact that the majority of the balusters on the new staircase were not level. Upon asking Dan about these issues he told me not to worry, that everything would be all right and that he would use silicone to mask the incorrectly cut steps and risers and that it would "trick the eye" (his phrase.) I told him that was not acceptable as we didn't hire him to give us shoddy workmanship. He promised me that he would fix everything. At the end of Tuesday April Dan told me that he had incorrectly cut the banister and would need to bring another one to replace it. He assured me he would be finished the following day (April 19.) Dan showed up the next day with a new banister and with a carpenter to cut it. They got the new banister cut and installed but not to what we had requested. At end of day Wednesday April 19, Dan asked me for another day to finish. At this point I had no choice but to agree. Dan returned to work the next day, April 20. I tried again to address all the mistakes and shoddy workmanship that had been performed on the job. Dan kept telling me that it would be all right and not to worry myself about it.
Seeing the problem and mistakes were not going to be rectified, I called the parent company of Dan's Stairfitter business called Nustair in Colorado and had to leave a message for their Brand President, Ms. Jennifer Z. I left a brief explanation and asked her to call me to rectify it. Dan was not aware I called. At end of day on Thursday April 20, Dan still wasn't finished. He asked me for one more additional day and swore that he would be finished the next day (Friday April 21.) I had no choice but to agree.
Dan returned to my home on Friday April 21 to finish work. About 2 PM he announced he was finished, "didn't it look great" and he wanted me to sign off on the job and pay him the balance. I asked him to address all the issues, mistakes, incorrectly cut wood and such, he told me to sign his paperwork, pay him the balance and he would come back another time to touch up the stairs with his proprietary stain. Not sure what he meant by that. I asked him again about all the issues (incorrectly cut steps,etc) He kept pushing me to sign and pay him at that time. I was very uncomfortable with him doing this to me. I told him repeatedly that I wasn't signing anything at this time. I finally got him to leave my home by telling him that someone would be contacting him (his corporate office, I was hoping.)
Ms. Jennifer Z, the Brand President of Nustair called me about 3 pm the same day. I explained what had happened and asked her if she could help with my situation. I asked about getting a competent employee from Nustair to fix my repair / replace the disaster that my staircases were turned into. She asked me to send her pictures. I sent her 124 pictures of all the issues and mistakes.
I received an email from Dan N on April 24th with a hastily thrown together punch list (the majority of damaged steps and landings not included) and a halfhearted I don't know. Let me reiterate that Dan N did not ever mention a punch list on Friday April 21. He didn't have one. All he did was pressure me to sign off and give him a credit card number.
I had a final face to face meeting with Dan N on Wednesday, April 26 at my home to try to address my issues / problems. He said that he had seen the pictures. All I got from Dan was excuses. He did admit that he lied to me and that he did try to get me to sign off the job as being completed and ask for payment when it not only was not complete but was a shambles. I have a recording of the meeting I will send you on request. I have over 100 photos of both staircases I will send to the Revdex.com if needed as well.
I have a long email chain with Dan N, Jennifer Z and I also included Mr. Steve M. Promises of fixing / replacing some, then more and finally none of the problems and issues involved. One of the final emails has Dan N telling me that everything was done to Nustair standards. Ms. Z ignored my emails for 5 weeks after the initial contact thread (she was copied on everything) until the situation went from incendiary to nuclear.
Mr. M (President of the Company) returned my call after recovering from an illness. He said he reviewed the pictures that I forwarded him and agreed that it wasn't to Nustair standards. He also informed me that Dan N did not speak to him (Dan said he did) as he was in the hospital. He said he would investigate and call me to discuss. He never called me back. He never answered any of my subsequent messages (both phone and email.) Ms. Z emailed me the next day (June 4) with an offer that Dan N replace some of the damaged stair components but leaving us with having to replace the rest ourselves, as well as the landings for both staircases and for the banister and pay for any additional labor expenses. I responded asking what about all the other problems / issues / compenents to be replaced. I never received an answer.
I repeatedly told Dan N, Ms. Jennifer Z and Mr. Steve M that all we wanted was what we contracted to receive. Dan N does not know how to do the work he contracted to do for us. Before we hired him he told me that he had done 4 staircases of this type. During his time working at our house he he told my wife that it was the 1st time he had ever done a staircase with metal balusters.
No mention of charges or money from us until we realized that Dan N was never going to make this right. I didn't file a complaint for 5 months over this hoping to get it worked out. I repeatedly told them that I did not want to litigate over this. I still don't wish to but they are forcing us.
***
Germantown TN 38138
My final response to *** issue:
We have a signed agreement with a balance owing of $3750.00 that has been disregarded, and we have made several offers to appease the homeowner.
1st - We needed to finish the job there are approximately 5 to 6 hours of touch and finish work to completed. Balance to be paid
2nd - We offered replacement parts for any stair that did not meet factory installation standards (this was supplied to homeowner) with the stipulation that original parts be provided for exchange. This included a phone consultation with the contractor of their choosing. A phone call was arranged with the patent holder to discuss installation. Mr. M the patient holder and President of the manufacturing firm in no uncertain terms informed homeowner of the standards and according to the photographs supplied met the standard and he saw no issue with the work performed. Written statement available upon request. Again the balance was to be paid.
3rd - We offered to supply a separate licensed General Contractor paid for by us to inspect and finish the work with the balance to paid.
The agreement the home owner signed has a termination and cancellation clause. See below:
Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, Stairfitter(r) by CSSC may immediately terminate the Agreement without further obligation. If Customer terminates this Contract after the cancellation period but before the materials are ordered, Customer will pay a service charge equal to the greater of 10% of the Contract amount or the actual costs incurred to date. If any such termination by Customer occurs after the materials are ordered, Customer will pay a service charge equal to the greater of 25% of the Contract amount or the actual costs incurred to date.
As of this response this contract is terminated by the home owner and Stairfitter by CSSC. There is a balance due beyond the original deposit.
Stairfitter