Opinions Needed... Do You Think We Are Within Our "Rights" To Do This?

[AKL_Megs]

I need your opinions...

In late-August, I believe it was, we started some home improvement work. We hired a company that does "windows, siding, gutters", as we were having our gutters and trim replaced, and some stonework added. They are a pretty well known company in our area.

It's been nothing short of a nightmare.

We had a GREAT experience with the gutters and stonework, but a few issues as they were replacing the trim.

The biggest problem, and the one we have been dealing with now for almost two months is that, when they were taking down our gutters, they inadvertently dropped a piece and left a long scrape in a pane of our front window.

They immediately took the blame, and offered to replace the pane.

Well, that window is a three-pane window, and one of the panes had a broken seal, also, it was just a picture window and didn't slide open. We had been wanting to replace it anyways with a window that slides open, and this just seemed like the perfect opportunity.

They told us that the pane they were going to replace was going to be $500, and they would subtract that from the cost of the window, if we decided to replace the whole window. (The window was $1200.) We agreed.

A couple weeks later, they came and installed the new window. Upon cleaning the outside, we all realized that it had very noticable etching in each pane, like someone took a buffer along the whole window. (It seemed inferior all together, like they rushed to put it together to save money, since they had to front $500 of it.) They told us that, because of the mistake, they were reordering three replacement panes that should be ready by the next week.

It's been about a month now, and we haven't heard anything. Anytime we call, we get the same, "It's on a rush order, it should be ready any day."

We haven't paid them a dime for ANY of the work. We owe them $4000 for the gutters, trim, stonework, and window. They haven't seen any of it.

We're getting annoyed, and think they are giving us the run around with the window.

My husband just called, and again, we got the same answer, "It's on a rush order, and it should be done any time." I don't know anything on a "rush order" that takes a month, especially since the factory is HERE! You'd think they would want their money!!!



What would you do?

The window is awful, and we can hardly stand to look out of it any more. With the holidays coming, and it being our largest and FRONT window, we really want it replaced.. soon.

We were thinking of calling them and giving them our final answer... We will be mailing them their payment for the gutters, trim, and stonework, MINUS the $1200 for the window, and we will be hiring our own company to replace the window.

What do you think?

 

[MickeySP]

ITA - I was thinking the same thing then read your last paragraph. Tell them 7 days no more - then do it.

Also I would write the licensing board, they keep these type of complaints on file.

 

[AKL_Megs]

ITA - I was thinking the same thing then read your last paragraph. Tell them 7 days no more - then do it.

Also I would write the licensing board, they keep these type of complaints on file.

Never thought to do that! DEFINATLEY will. We're giving them FIVE days.

 

[MickeySP]

Can you tell it happened to us - we were 99% done they had a little finish work and it took 4 weeks & about 20 phone calls.

We finally did the deduct threat - they were done by dinner the next day

 

[Mommee]

They can do that. They're the factory.

Not sure if that's the company you used but I found it funny.

 

[tvguy]

Well, unless you have a contract with a specific completion date in it, your only legal remedy is to withhold payment for the entire job until it is complete.
I would assume that would be motivation enough for them to do everything within their power to finish the job.
Sounds like they are doing everything they can....they just can't get the window from the supplier.
You're stuck, and they're stuck, and that's probably why they aren't demanding payment.

 

[AKL_Megs]

Well, unless you have a contract with a specific completion date in it, your only legal remedy is to withhold payment for the entire job until it is complete.
I would assume that would be motivation enough for them to do everything within their power to finish the job.
Sounds like they are doing everything they can....they just can't get the window from the supplier.
You're stuck, and they're stuck, and that's probably why they aren't demanding payment.

Righ, but when is enough enough?

After another month? After SIX?

 

[AKL_Megs]

They can do that. They're the factory.

Not sure if that's the company you used but I found it funny.

It's not them!

 

[mickeyboat]

If they had to special order the windows, it might take a while for them to come in - even if it was a rush. You should give them another couple of weeks.

If it is just the pane of glass, you can get those pretty quickly and you should give them an ultimatum.

Good luck.

 

[C.Ann]

Since you owe them such a large amount of money, have not paid yet, and they aren't pressuring you to pay, (miracle of miracles - LOL) I think they're being honest with you.. My Dson-in-law has been doing over his parents kitchen for months now and would have been done much, much sooner were it not for one cabinet they were waiting on..

Now if you had paid them - any amount at all - I would be suspicious and think they were giving you the runaround..

What's to say the next company won't have problems ordering the same window?

I'd wait it out - and continue to withold the entire amount due..

Good luck!

 

[itsheresomewhere]

If it is not a standard size window it can take awhile to get even on rush order.

 

[AKL_Megs]

Since you owe them such a large amount of money, have not paid yet, and they aren't pressuring you to pay, (miracle of miracles - LOL) I think they're being honest with you.. My Dson-in-law has been doing over his parents kitchen for months now and would have been done much, much sooner were it not for one cabinet they were waiting on..

Now if you had paid them - any amount at all - I would be suspicious and think they were giving you the runaround..

What's to say the next company won't have problems ordering the same window?

I'd wait it out - and continue to withold the entire amount due..

Good luck!

This is so true C.Ann, it could happen with anyone. I'm just tired of looking at this swirled window!

 

[kidzmom3]

also, you may not be able to legally do that. They did install a new window. I know its not correct and needs to be fixed but they did provide the service. I don't think they would just let you have the $800 window for free.

If you decide to go with another company, i would make sure you are within your legal rights. Not just what you think you should do.

 

[Luv Bunnies]

Do you have anything in writing to say that they offered $500 towards the new window? If not, they could take you to court for the entire $1200 that you withhold, even though they promised to pay $500. They can also put a contractor's lien on your house if you don't pay the entire amount and you really don't want to get involved with that.

Even though it's a pain and it seems you waited long enough, I think I would just put up with the window and keep the pressure on them to deliver the new one. If they're not asking for the $4000 yet, I wouldn't be in any hurry to pay it to them until the window is done to your satisfaction. If they ask for the money, just tell them you'll pay when the job is completed, and that includes the window.

 

[bicker]

I agree with Luv Bunnies.... we're never "within our rights" to vary from an agreement we entered into previously without either the other party agreeing or a court ordering it. The circumstances don't justify breaching the agreement until an impartial and duly-appointed third-party (judge or mediator) makes that determination.

 

[Carly_Roach]

Do you have anything in writing to say that they offered $500 towards the new window? If not, they could take you to court for the entire $1200 that you withhold, even though they promised to pay $500. They can also put a contractor's lien on your house if you don't pay the entire amount and you really don't want to get involved with that.

Even though it's a pain and it seems you waited long enough, I think I would just put up with the window and keep the pressure on them to deliver the new one. If they're not asking for the $4000 yet, I wouldn't be in any hurry to pay it to them until the window is done to your satisfaction. If they ask for the money, just tell them you'll pay when the job is completed, and that includes the window.

This. Since they're not pressuring you for the money for the completed job, I'd have to say that they're likely on top of the window situation. If it were me, I'd continue doing the checkups every week or so.