Contractor problem

GM

PleasureGlutton
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Looking for a little help here...

I hired a company a couple months back to replace all the windows in my house. As cash was a bit short at the time, and some windows were more of a priority than others, I only had half of them done at first. They did a great job on everything, I was very happy...paid in full about $6000 for that job.

I decide pretty much on the spot I'm going to hire them to do all the rest in a month's time & get a quote for $7000 more, which they are installing today.

Now they arrive on site today and two of the windows have been cut to the wrong size. I specifically insisted that the large windows at the back of the house, main floor, have a sliding section which is 15?" high, so as to fit an air conditioner into each. (Large pane on top, sliding section at the bottom of the window which must be 15?"). When they arrive I immediately notice there is no way an AC is going to fit. I measure the opening, and sure enough it is 13".

When he was giving me the estimate we were sitting in the kitchen when I brought this up and he said "go measure your air conditioner and let me know how much space you need". It measured 14 3/4" high...and I need a bit of leeway, so he said "So 15? is good then?" and I said Yes.

So I get on the phone with the rep (who is also the VP of this little company) and let him know about the problem. Now unfortunately, when he was here *I* was the one who measured the air conditioner... he took all of the other measurements. He now claims I told him 15?" from the bottom of the frame to the top of the cross-frame. Now, why on earth would I measure a window that way? I was asked to measure the air-conditioner, not the existing window, or give him a number from "inside the bottom of the frame to above cross beam". I think the guy is full of shit, didn't give his workers the proper instructions, the windows got cut wrong, and now he's not going to take the blame for it.

So I tell him that I want it fixed. He blames me saying the only measurement that is "wrong" is the one I took. I ask him why he didn't measure it, since he measured everything else. In my opinion that is his responsibility. I tell him to go ahead and install the other 4 windows, but hold back on these 2, and I will hold back payment until it is corrected.

At this point he comes very close to threatening me (though he doesn't say anything stupid enough to get himself in trouble), but does let me know that that's not the way this business works, and everything is due on delivery. He tells me I should put in central air anyways. Not that that is his decision to make (spend my money for me why don't ya?)...but the furnace here is ancient and that could be very costly and a real ordeal...so I don't want to do that yet. He offers to buy me a new air conditioner. I tell him I need two of them because of the size of the house, and they must both be 10000 BTU's each because that's what it will take to cool the house (and it's what I have now), and how much that will cost. Again he goes through the roof and says no way will he foot that bill.

So...this is where we are at. He puts the blame on me for measuring incorrectly (which I didn't). He refuses to rebuild two new windows at his expense. He refuses to find air conditioning units which are smaller in size but of the same strength as my existing units. And he says if I want a new, proper window I am going to have to pay for it. I can't really go to anyone "higher-up" in this company since I am pretty sure the Pres is a relative (brother maybe?)...it's not an option. I've spent $13 grand with this company and the guy won't budge, and I feel I am due a proper job. And I've got a couple windows missing on the house right now (not the ones that were cut wrong, but others). I do not want him, obviously, to stop work on the spot when it is 34? outside.

How would you proceed from here?

Thanks.
 

THE KOD

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GM

thats a tough one. No way in hell would I give him any money until this was resolved. You have the power since you havnt paid him.

He should make the two new windows and quit sqwaaking. He has made about 7 grand out of the 13 k on the job.... maybe more the dirty bastid.
Windows are marked up big.


If he refuses board them up yourself temp with plywood and close off the room. Call in another company to quote the two windows and take it off the other bill. Then take your sweet ass time paying him.

Something tells me he will cave in and satisfy you. Mistakes happen. He sounds like a crook. He should not hesitate to fix this for you.
 
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MadJack

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most likely they are replacement windows, correct?

they won't be able to make windows to fit that opening and a/c both. not the brand he's installing now, anyway.

you're pretty much stuck unless you stick him, which is something i would consider.

you can probably make the a/c work, in the summer months, by removing the entire sash and fill in the sides with something. that's what you may as well accept and ask him to discount the price to satisfy your unhappy situation.

he makes triple if not quadriple on the deal. he hit a home run with this job.
 

ScreaminPain

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I agree with Scott, somewhat.

Find another company to complete the job and get a writen quote.

Then call the original guy and explain that he can come out and finish the job or you will hire this other company and deduct the amount from the final payment......his choice!

Who measured what is almost irrelevent here. A reputable company should double check the measurements before anything is cut. He's definately trying to "worm" his way out of the deal, and thats alot of money.

I say, stand your ground.....if you can manage the cold weather....
 

MadJack

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if you leave the a/c in year round, make HIM build them in professionally without the one sash in place.
 

GM

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Jack,

Why would he not be able to make a window that fits the AC? He's never said he couldn't...they can make them any size I ask for. They are custom made in their factory (I was up there). It's not just windows - it the entire window frames that are coming out (the frames were made of wood and some were pretty rotten - looks MUCH better with the new frames). The top pane as it is now is about 4' high...the bottom pane around 16", with a cross beam of about 2" in between.

I'm hesitant to "stick him"...don't want to mess with the possible repurcussions, not to mention I do not want to do anything which would put me at a disadvantage legally.

....

Scott,

I would love to be able to close off the room, but it's hard to live without a kitchen!!
 

MadJack

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are they replacement windows? they remove your sashes and install the new windows in the present wood jam?

i was thinking double hung windows too. i guess they could make the top dead lite window smaller in order for the a/c to fit.

or, is the problem with fitting the a/c in the slider at the bottom? that case, he would need a wider opening to work with.
 

GM

PleasureGlutton
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He just has to make the slider at the bottom bigger, and the pane at the top smaller. In other words, the cross beam between the two panes needs to be about 2?" higher than it currently is. But he claims the window that he already made is useless to him (surely they could cut it down to something smaller and use it elsewhere, no??). There's plenty of room for an AC if the window is cut properly, there was one in there before.

Yes, replacement windows.
 

MadJack

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if it's a dead-lite (non-working, separate window) on the top and a slider on the bottom (2 different windows) then he fcuked up because he KNEW you wanted the a/c's to fit.

if it was MY company, i would eat the 4 windows (no, he can't use them anywhere else) and make you 4 new ones if i couldn't find you 2 new a/c's to fit. it's HIS problem, not yours, period.

i wouldn't let him take out those windows and put the new ones in if you're not going to be happy. once he installs them, you owe him, but i'd make him sue me if i was in your shoes.
 

RAYMOND

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MadJack said:
if it's a dead-lite (non-working, separate window) on the top and a slider on the bottom (2 different windows) then he fcuked up because he KNEW you wanted the a/c's to fit.

if it was MY company, i would eat the 4 windows (no, he can't use them anywhere else) and make you 4 new ones if i couldn't find you 2 new a/c's to fit. it's HIS problem, not yours, period.

i wouldn't let him take out those windows and put the new ones in if you're not going to be happy. once he installs them, you owe him, but i'd make him sue me if i was in your shoes.

agree
 

Captain Crunch

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I would definetely stand your ground. Any reputable company, and especially one that you have spent this much money with, should make it right. If this guy does much business, which I am assuming he does beings he manufactures the windows himself, he could sell the windows he screwed up on to someone else at a discounted price, and make you two new ones, and he isn't going to be out much at all. He is trying to play hardball with you, and like Scott said, I bet he caves in sooner than later.

It amazes me that these jokers don't rely on referals for future biz and treat people like this, but I know there are plenty of them out there.

Good Luck
 

Agent 0659

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Gm dont give up. This sounds ridiculous to me and for sure he should have measured it himself. He screwed up, do not pay him until its right it is the only recourse you have to get it resolved this century.
 

Mjolnir

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you have almost all the power. find someone else have it done right then pay the difference. in my industry if he deposits that check it is considered payment in full. right payment in full on the check.
 

davidjg47

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I owned a window company. First of all call the company because he most likely isn't a vice president. Reps use that line to sell. Second, he made at least$3500 on the sale, Check contract to see if measurments is on the paper work. Third don't pay him anymore money at all and call other companies for the windows because all can make the same style of windows. 4th call bbb and all window companies in the area and let them know how he got to you.Tell him this is your plan and he will do the right thing..
 

GM

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Hey guys, thanks for all the replies and assistance. I'll try to cover as much as I can. It was an eventful evening after I left this thread!!

David - I do believe he is the VP, which is not saying much. This isn't exactly General Motors I'm dealing with. This is a small family-owned company, and the guy I was dealing with and his (likely) brother had the only two offices up front when you walk in. I was up there to visit them onsite during the first go-around as they were replacing my front door at the time, and I went up in person to check out the different styles, walk around the factory, saw them actually assembling windows themselves, etc. It's a small operation and they are all related...so it's not a stretch, even though I know I hear a line like that and I don't believe it either. (I used to work in sales and used lines like that myself :) ).

Ok, so here's what happened. He got back to me after my last reply in this thread. Apparently either common sense kicked in, or somebody had a talk with him and told him to suck it up, because he was in a much more receptive mood to work this out.

He still denies that it was his error that caused all this crap (I am quite sure it was not mine, nor do I lay the blame on the people in the factory, as I believe they followed his instructions to the letter on the invoice, which HE wrote down incorrectly). However, he offered to recut the two incorrect windows and share the cost. I balked at that and told him that I wanted the windows as originally outlined, at the cost agreed to. I did also mention that I could find another company to complete the work. It got a little heated & we ended the call. In the meantime the work on the other windows in the house was almost completed except for a little bit of finishing work on the outside...so I am not "out in the cold" now, so to speak. He cooled off a bit, called back an hour and a half later, and told me they would be recut by tomorrow (today)...at no cost to me. (Incredible how fast he can push that order through when all along it was going to take "a couple weeks" to get it corrected). I think he finally realized that he had to eat this one and wanted to keep the business.

He may also be under the impression that I may want some work done at the cottage this summer. And it's true, I do. However, if he is under the impression that he will be the one getting that work, well, what can I do about that...? Misunderstandings happen. :)

Thanks again everyone for all of your help!!
 
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