Thinking of taking my patio contractor to small claims court UPDATE with new picture
- Thread starter Vacation Lover
- Start date
Vacation Lover
DIS Veteran
- Joined
- Oct 29, 2006
Thanks for all the responses. It's given me more to think about. I discussed it with my DH last night and we decided we had 4 options:
1. Paint the cap that's on it now. Cost: $Minimal (My DH really doesn't want to do this, plus I'm a little concerned about the HOA questioning the architectural integrity of the round cap.)
2. Take the contractors offer and pay $875 for them to create a shroud (I'm a little worried about the quality of the shroud, but this would certainly be the quickest and easiest solution...other than option #1, which DH has already vetoed.)
3. Order a shroud (we've researched options online). Cost for the one we like is around $850, but the catch is it would be around $300 for shipping! Plus installation, so we're probably looking at $1,500 (Interesting that the contractor quoted me $1,400 retail to create a lower quality shroud which would not need to be shipped...)
4. Take the contractor to small claims court, risking losing. We'd be out about $100 filing fee, then if we lost we obviously wouldn't work with the company so we'd have to take option #3 and find an installer.
Soooo, we decided to take option #2. I hate the idea of going back to them with my hat in my hand, so to speak, but I think my aversion to working with them is from my previous bad experience with the sales rep and I'm now working with the owner. I'll be talking with her tomorrow, so wish me luck!
1. Paint the cap that's on it now. Cost: $Minimal (My DH really doesn't want to do this, plus I'm a little concerned about the HOA questioning the architectural integrity of the round cap.)
2. Take the contractors offer and pay $875 for them to create a shroud (I'm a little worried about the quality of the shroud, but this would certainly be the quickest and easiest solution...other than option #1, which DH has already vetoed.)
3. Order a shroud (we've researched options online). Cost for the one we like is around $850, but the catch is it would be around $300 for shipping! Plus installation, so we're probably looking at $1,500 (Interesting that the contractor quoted me $1,400 retail to create a lower quality shroud which would not need to be shipped...)
4. Take the contractor to small claims court, risking losing. We'd be out about $100 filing fee, then if we lost we obviously wouldn't work with the company so we'd have to take option #3 and find an installer.
Soooo, we decided to take option #2. I hate the idea of going back to them with my hat in my hand, so to speak, but I think my aversion to working with them is from my previous bad experience with the sales rep and I'm now working with the owner. I'll be talking with her tomorrow, so wish me luck!
Vacation Lover
DIS Veteran
- Joined
- Oct 29, 2006
Oh, and by the way, thanks for all of the compliments! We've been wanting an outdoor area like this ever since we moved here 3 years ago. After our old house sold, we began dreaming about putting some of the profit into a patio and finally put the plans into motion. If it weren't so darn hot, we'd really be enjoying it right about now! 
Can't wait to hang out there this fall!
Can't wait to hang out there this fall!mtblujeans
DIS Veteran
- Joined
- Mar 25, 2004
Congratulations on your beautiful new patio! I hope it brings you years and years of enjoyment!Oh, and by the way, thanks for all of the compliments! We've been wanting an outdoor area like this ever since we moved here 3 years ago. After our old house sold, we began dreaming about putting some of the profit into a patio and finally put the plans into motion. If it weren't so darn hot, we'd really be enjoying it right about now!
lost*in*cyberspace
DIS Veteran
- Joined
- Dec 30, 2005
Plus if you lose, you may be held liable for the contractor's court costs.
a742246
And, and, and I caught a fish this big!
- Joined
- Feb 5, 2008
I agree with this comment. Call the contractor up and ask them if they
can just paint the vent. Life is too short for this kind of ........
Vacation Lover
DIS Veteran
- Joined
- Oct 29, 2006
Well, it's been a long time coming but we finally have the finished product. As I mentioned before, we decided to just bite the bullet and pay for the shroud. I called the owner and we had a very cordial conversation, once I told her that we were willing to pay the $875 to have it made. It took a while for it to get made, but once they had it in hand, they painted and installed it right away. Here's a picture.
We're very pleased with the end result. Can't wait to get out there this fall!
We're very pleased with the end result. Can't wait to get out there this fall!
dancin'girl
DIS Veteran
- Joined
- Aug 14, 2008
Much better! I think it looks great!
It really is the finishing touches that make such a big difference!
We learned the hard way when we contracted through Home Depot for a kitchen remodel to nail down every last detail of every aspect of the project, and lock in every day, ever color, every knob, every switch - and most importantly - what will happen if things aren't done to our specifications.
We REALLY wish we had gone with a local smaller company on our kitchen, Home Depot was a nightmare from beginning to end, and once we finally settled with them, we haven't gone back for ANY reason. I would do without before going to Home Depot again!
We are getting read to remodel our bathroom, and all of our business is going to local small businesses that want to serve the customers, not the shareholders.
We learn lessons that hard way - and I wish we had never made final payment to the kitchen contractor until things were done 100% to our satisfaction.
Same with your situation, had you held your final payment, you would have had some room to move in terms of negotiation.
Once again, lesson learned the hard way!
However, the final product is absolutely beautiful! I hope you enjoy many cool evenings by the fire!
We learned the hard way when we contracted through Home Depot for a kitchen remodel to nail down every last detail of every aspect of the project, and lock in every day, ever color, every knob, every switch - and most importantly - what will happen if things aren't done to our specifications.
We REALLY wish we had gone with a local smaller company on our kitchen, Home Depot was a nightmare from beginning to end, and once we finally settled with them, we haven't gone back for ANY reason. I would do without before going to Home Depot again!
We are getting read to remodel our bathroom, and all of our business is going to local small businesses that want to serve the customers, not the shareholders.
We learn lessons that hard way - and I wish we had never made final payment to the kitchen contractor until things were done 100% to our satisfaction.
Same with your situation, had you held your final payment, you would have had some room to move in terms of negotiation.
Once again, lesson learned the hard way!
However, the final product is absolutely beautiful! I hope you enjoy many cool evenings by the fire!
lost*in*cyberspace
DIS Veteran
- Joined
- Dec 30, 2005
That looks great - actually even nicer that the copper top you originally wanted.
disneymarie
<font color=blue>Its a rumour about the donuts...<
- Joined
- Aug 31, 2007
This is my thought too. There must have been a reason this model is used now. Either the other one was not performing well, or a safety issue.
If they did not have the ability to provide the color you want, then let you choose the new standard, or pay additional for the upgrade.
At this point I would either live with it, adapt it...or get a refund for what it cost and go purchase one you would like.
To get the upgrade at $450 cost them money out of their pocket for you to receive the betterment. So just get a refund of what this one cost, let them have it back and get one for a price and color you want.
Vacation Lover
DIS Veteran
- Joined
- Oct 29, 2006
Thanks all! My DH and I sat out on the patio last night and it was wonderful. Still too hot for a fire, but it's supposed to cool off this weekend. Off to get some 'Smores fixin's!
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