Stone And Banister

Review: On Thursday, 5/29/14, I met with the Director of Remodeling to request a job estimate for renovations to the master bathroom, full bathroom, and half bathroom in my home. We discussed my needs and she measured the bathrooms. She had the home's floor plans because our home was built by Trustway Homes in 1993, and Stone & Banister is a related company. At this meeting, I communicated that these were the most important considerations: (1) minimization of the cost; and (2) completion of the renovations before Labor Day on 9/1/2014. I was told that Stone & Banister had the capacity to complete the project before Labor Day on 9/1/2014.

Two weeks later on Thursday, 6/12/14, I went to Stone & Banister to go over the job estimate. I was presented with the following estimates / budgets by the Director, [redacted]:

Master Bath Budget

Good - $18,845.44

Better - $23,828.80

Upstairs Bath & Powder Room

Good - $8,636.66

Better - $10,663.18

The estimates included the following footnote: "Stone & Banister guarantee to be within 8% of this budget estimate".

The estimates were accompanied by a 3" x 2 1/2" sketch of the proposed new floor plan for the master bathroom. The full bathroom and 1/2 bathrooms did not require revisions in their floor plans.

I asked about the next steps in the process, and I was told that Stone & Banister requires a $1,000 deposit in order to: (1) develop the full-scale architectural drawings; (2) initiate the preparation of the scope of work; an (3) reserve time on the company's schedule for the renovations on my home. At this meeting, the Director, [redacted] confirmed that Stone & Banister had the capacity to complete the renovations in my home before Labor Day on 9/1/2014.

On Friday, 6/13/14, I called [redacted] to say that my husband and I wanted Stone & Banister to perform the bathroom renovations in our home. I received a verbal confirmation that Stone & Banister had the capacity and ability to complete the renovations before Labor Day on 9/1/2014. I gave her my credit card information in order to pay for the $1,000 deposit, and scheduled a meeting with her at her office on Tuesday, 6/17/14.

My husband and I met with [redacted] on Tuesday, 6/17/14, in her office. We picked tile samples from the company's inventory for the master bathroom and the full bathroom. Ms [redacted] said that she would provide us with the contract within a few days. She gave me a receipt for the $1,000, with the following terms:

"This is to confirm that for a design fee of $1,000 we will perform the following professional services preparatory to contracting for your project: PREPARE FULL SCOPE OF WORK FOR THE ABOVE RESIDENCE ALONG WITH FINAL COST TO COMPLETE JOB. PLEASE BE ADVISED THAT THE NON-REFUNDABLE DESIGN FEE IS APPLIED AGAINST THE TOTAL PURCHASE PRICE FOR PROJECTS VALUED OVER $10,000."

Prior to giving my credit card information, Ms. [redacted] did NOT refer to the $1,000 as a "design fee". My understanding was that the $1,000 was a deposit for renovation work that Stone & Banister was to perform in our home.

On Monday, 6/23/14, I agreed to meet Ms. [redacted] at Pro-Cast in Brookfield, WI to choose non-tile ("molded marble") countertops for the master bathroom and full bathroom. I confirmed to her that my husband and I wanted tiles (not acrylic materials) for the shower walls for both bathrooms.

I did not hear again from Ms. [redacted] from 6/24/14 to 7/9/14, a two-week time period. On Thursday, 7/10/14, I requested a meeting with her, and she and I agreed to meet on Monday, 7/14/14. On Monday, 7/14/14, Ms. [redacted] was unable to provide me with any contract or detailed project proposal. She gave me printouts of bathroom fixtures and color samples for the toilet. She said that she would send the contract and drawings shortly.

On Tuesday, 7/15/14, I sent Ms. [redacted] an email with my product and color selections for the toilets, shower fixtures, faucets and fixtures, and towel bars for both bathrooms. Since my husband and I had chosen the tile samples on 6/17/14, the only items that I had not selected and Ms. [redacted] and I did not discuss on 7/14/14 were: the frameless shower doors; and the cabinets for the master bathroom. I followed up on the contract and the architectural drawings.

At 10:30 p.m. on Wednesday, 7/16/14, I received, via email, a scope of project agreement with a total price of $41,000. I sent an email response to complain that the price of $41,000 was more than 8% higher than the "better" estimate that I was provided on 612/14. I received a phone call from Ms. [redacted] on Thursday, 7/17/14. She apologized and indicated that she erroneously included cabinets that I did not ask for, which resulted in the $41,000 contract price. She promised to send me a revised contract and scope of project agreement along with the drawings. I received the contract, revised scope of project agreement, and a 2-dimensional drawing on Monday, 7/21/14 at 5 p.m. The scope of project agreement included multiple errors, including but not limited to: (1) changes to the recessed lighting which I did NOT request and specified that I did NOT want; (2) "see attachment" when there were no attachments; (3) incorrect finish for fixtures - I had chosen 'polished chrome' and the agreement showed "brushed chrome'; etc. The contract also stated that project was to begin 15 days after the occurrence of 5 events, which indicated to me that with this constraint on the project start date, there was no way that my bathroom renovations could be completed by Labor Day on 9/1/2014.

I requested Ms. [redacted] to meet me in my home on Wednesday 7/23/14, and I told her that the scope would have to be reduced in order for my bathrooms to be completed by Labor Day on 9/1/2014. During this meeting, she then informed me that the tiler was not available, and that there were other contractors that may or may not be available in order to meet the deadline on 9/1/2014. I carefully discussed the REDUCED scope with Ms. [redacted], and asked her to send me a revised contract and scope of work agreement, along with architectural drawings, as soon as possible. She shared with me that she had been working on the new CAD program, and that the company's draft person was working on other projects, which is why I still had not received any architectural drawings. I shared with Ms [redacted] that I chose Stone & Banister over two other contractors because of the estimate she provided and the assurance she gave me that S&B can complete my renovations before Labor Day on 9/1/14.

On Thursday, 7/24/14, she emailed me that she was waiting to hear from the plumber but would send me the contract ASAP. I did not hear from her again until the next day, Friday, 7/25/14, She proposed dividing my project in 2 parts: (1) the full bathroom and half bathroom to be completed before Labor Day; and (2) the master bathroom to be completed at a later time. I asked her to send me the contract, agreement, and drawings ASAP so I can review, sign, and so that the city permits and products can be ordered ASAP. On Friday, 7/25/14, at 3 p.m., she sent me an email stating that because Steve Clavette, the President, had been at meetings the whole day, my contract and scope of work agreement and drawings were not yet available and she, Ms. [redacted], was leaving for vacation and will not be back in the office until Monday, 8/4/14. AS OF 7/25/14, I DID NOT HAVE A CONTRACT, A SCOPE OF WORK AGREEMENT, OR ANY ARCHITECTURAL DRAWINGS.

On Sunday, 8/3/14, I sent Ms. [redacted] an email reiterating my need for a contract ASAP so that my bathroom renovations could be completed before Labor Day on 9/1/14. I listed my revised needs, which reflected a SIGNIFICANTLY REDUCED SCOPE that I felt would be realistic in order to get the job done by Labor Day. On 8/4/14, I received a phone call from her, and I reiterated my need to get the project completed by 9/1/14. I indicated that because of the LACK OF PROGRESS ON MY BATHROOM RENOVATIONS AS OF 8/4/14, the contract needed to specify THE START DATE OF 8/18/14 in order for me to sign the contract. Ms. [redacted] had indicated on her email on 7/25/14, that she had scheduled contractors to begin working on my bathrooms on 8/18/14, and she repeated this to me on 8/4/14 during our phone conversation. I did NOT receive the contract and revised scope of work agreement until 5 p.m. on Tuesday, 8/5/14, VIA EMAIL. The contract did NOT SPECIFY THE START DATE OF 8/18/14. The Scope of Project agreement included the following errors: (1) wrong product code for shower walls and countertop in master bathroom; (2) removal and disposal of the wall cabinet which I specified I would keep. The 2-dimensional drawing reflected the error.

Stone & Banister has FAILED TO PROVIDE me with scope of work in good form (error-free) or any architectural drawings as of today, 8/11/14, which is more than 8 weeks after receiving my $1,000 payment on 6/13/14. I made the $1,000 payment based on the promise of Ms. [redacted] that Stone & Banister could complete the renovations before Labor Day on 9/1/14. She has since given me a verbal commitment to start the work on 8/18/14, but the company has refused to put this in the contract. The refusal to include the start date in the contract, in spite of Ms. [redacted]'s repeated verbal assurances, indicates to me that Stone & Banister does NOT, in fact, guarantee the start date of 8/181/4. Since making the $1,000 payment on 6/13/14, I have received two (2) scope of work agreements that contained MULTIPLE ERRORS, and I NEVER RECEIVED any architectural drawings from Stone & Banister. Even the 2-dimensional drawing that was sent to me on 7/21/14 contained errors. For example, it showed 3 drawers under the countertop when I request 4 drawers.

I paid $1,000 to Stone & Banister on June 13, 2014, based on Ms. [redacted]'s promise and assurances that the company could complete the bathroom renovations in my home by / before Labor Day on 9/1/14. On July 23, 2014, given the lack of a contract, scope of work agreement, and architectural drawings as of that date, I agreed to a reduced scope of work that, in my opinion, would have given Stone & Banister enough time to still complete the work for me by / before Labor Day on 9/1/14. Ms. [redacted] herself recommended, on 7/25/14, the reduction in the scope of work by dividing the project in two parts. I had SELECTED ALL PRODUCTS BEFORE 7/18/14.

Because of Stone & Banister's inability to provide a contract, a scope of work agreement in good form, and architectural drawings, as of today, 8/11/14, it has failed to provide the service that it promised on 6/13/14, when it accepted my payment of $1,000. Because of Stone & Banister's non-performance, I ask for a REFUND OF MY PAYMENT. I ask Stone & Banister to look at what its Milwaukee- area competitors' practices in order to determine what would be a fair amount of refund. I am NOW SEEKING ESTIMATES from other companies for my much-delayed bathroom renovations. I no longer have any confidence in Stone & Banister's ability to complete the renovations for me.Desired Settlement: I request a REFUND of the $1,000 that I paid Stone & Banister on Friday, 6/13/14. As of today, 8/11/14, the company has FAILED TO PROVIDE THE FOLLOWING SERVICE in exchange for my payment:

1) Prepare full scope of work IN GOOD FORM;

2) Prepare 3-dimensional architectural plans

Prior to paying $1,000, I was assured by Ms. [redacted] that the project could be completed before Labor Day on 9/1/14. In spite of her repeated assurances, Stone & Banister has REFUSED to include the start date of 8/18/14 in the contract. Given the delays in receiving a scope of work agreement in good form and the absence of any architectural drawings as of 8/11/14, my insistence of the inclusion of the 8/18/14 start date in the contract is a REASONABLE demand. On my email dated 8/3/14, I specified that the non-inclusion of the 8/18/14 start date in the contract would make it UNACCEPTABLE to me.

Business

Response:

We do not agree with all of Mrs. [redacted] response.