We had some serious drama arise over getting a new fence installed at the house, and I need some third-party input on it.
We hired #1 company after getting at least 5 quotes, and since they were all within $200 of each other, went with the company that had an A+ rating with the BBB. DH was also impressed with the fact that they'd done the fencing at Mayport, since he's seen that it is decent quality. Here's how it went:
Saturday (5/28): Put down 50%, installation was scheduled for Wednesday, 6/1.
Wednesday (6/1): I get a call that the install needs to be delayed by a day because installer is the only guy at the shop and needs to accept delivery of some supplies. Installer informs me that because of our delay, they are upgrading our gate from a 4 foot wide gate to a 5 foot wide. I thank him, tell him no big deal, and he says he'll see me in the morning.
Thursday (6/2): I get a call that the wrong supplies were delivered, and installer will have to be late arriving because he needs to go to the warehouse and exchange the supplies. I ask, "So you'll be arriving around 11 or so?" He responds, "Oh no, it will be longer than that, but I'll be there after lunch." At 3:30pm, when I still haven't heard from or seen installer, DH calls him. He responds that he's run into some roots at his current job, and will call when he's done there and on his way. At 5:30pm, installer calls my cell phone, saying that he was done at his current job, and asking if we want him to come out to us or just start in the morning. He makes sure to tell me that it will be at least 20 minutes to drive to us, depending on traffic, and he wouldn't finish it that evening either way. I tell him that yes, we want him to start that evening. He pretends he didn't hear me and says, "So I'll see you in the morning then?" I tell him no, we want him to start tonight. He says, "Oh, okay. I'll see you in about 20 minutes, depending on traffic, then." He never shows up or calls. DH calls the owner around 7pm, no answer and no call back. ETA: Our first check for 50% cleared the bank that evening.
Friday (6/3): After no call from installer by 10am, I go out running errands. Around 11:30, I get a voice mail (no cell service where I was) from the installer saying he was at the house, wanted to get started, and asked where the fencing lines were. I call back immediately, tell him DO NOT START, and to have the owner call my husband. DH speaks to owner within minutes. Owner promises to show up at the house himself during installation to ensure everything is 100%, and explains about the supplies order (received industrial instead of residential fencing). DH authorizes installation with the understanding that owner will be there. I arrive home within 15 minutes, installer is here alone, no owner in sight. Owner never shows. Installer finishes job and asks for payment. I give him second check for remaining balance. Installer says concrete is not set, so don't let the kids push on the fence for 24 hours. Afterward, we find that installation had several issues, and attempt to call owner. No answer, no call back.
Sunday (6/5): Neighbor informs us that our irrigation line in our back yard was spewing into both yards and into the street. We investigate to find that installer had cut right through irrigation piping. Also found that he nicked a Comcast cable line. Called owner again. No answer, no call back.
Monday (6/6): DH gets in touch with owner, who promises to come over Tuesday evening to look over issues and discuss how they will be corrected. We stop payment on second check.
Tuesday (6/7): Owner arrives and looks over issues with us. He agrees to fix the irrigation and cable lines, as well as fix our issues with the fencing (not flush with the house on one side, gate has a large gap underneath, couldn't tell if concrete was used on fence posts because the holes weren't level with the ground, whole fence shook with the slightest pressure). He states that someone will arrive at 9am Saturday morning to fix everything. We realize after he leaves that he took our copy of the contract with him. We also realize a few more errors, and call him back. No answer, no call back. We call company #2 to ask about a whole new fence installation.
Saturday (6/11): Company #1 never shows. Salesman from company #2 arrives, informing us of even more issues with the fencing. He tells us that the fencing company #1 used was cheap grade (we were ensured it was top quality), and the concrete was "dry poured," which was why the fencing shook. He told us that while that was common, it shouldn't be used under the current dry conditions because it wouldn't set fast enough without rain/moisture. He also informed us that a locator service should have been out to find the cable and phone lines before installation. We hired company #2, giving them 50% payment up front. DH called company #1 owner to request he remove the fence and refund our money. No answer, no call back.
Tuesday (6/14): Company #1 installer calls to ask about fixing fence issues. I tell him to discuss it with DH. DH informs him that we want a refund, and want them to come get their fence out. Installer says he'll have to call owner. Installer calls DH back, informing him that owner agrees to come remove fence, refund all but $150, and go our separate ways. However, owner is out of town, so installer will come remove fencing and owner will refund our money when he gets back. DH refuses, telling installer that fencing will NOT be removed until our money is refunded. Installer states that owner is scheduled to return by Friday.
Friday (6/17): DH calls owner. No answer, no call back.
Wednesday (6/22): Company #2 removes original fencing at the cost of $3/sq ft, then installs new fence. Company #2 nicks irrigation line at gate, and returns the next morning (Thursday) to fix it and finish pouring concrete on that post. No issues with installation.
Monday (6/27): Company #2 salesman calls to ask about installation.
Thursday (6/30): We pay remaining balance to company #2, as well as fence removal fee. Still no call from company #1 owner.
Tuesday (7/5): DH finally gets in touch with company #1 owner, who refuses to refund money and pay for removal, and wants to collect fencing supplies. DH offers to settle with original payment refund and returning the supplies, but owner still won't budge. He tells DH he'll have to contact his attorney and will call back the following afternoon.
So obviously, I'm calling the BBB, and we're already getting information on how to take him to small claims court. We feel we've given him ample opportunity to correct issues, call us back, and make things right. Are we being totally unreasonable about this, and is there anything else I'm not thinking of?
Re: Some input please? Long!
Here's what you need to do: Contact your own attorney. They don't charge you for discussing all these details and figuring out if you have a case.
And here's my non-legal based opinion. Not sure how much you'll be able to get back at this point because all the shoddy work was taken out...unless you took pictures of it? Also, not sure what's considered a "reasonable time-frame" to have had them come fix it themselves or refund the project.
These were my thoughts. You removed the shoddy work, and had another company redo the fencing very quickly. I'm not really sure what the rush was. Personally I would have waited to resolve things with the first company and confirm that I was actually getting my money back before proceeding. You didn't leave them an option of how to address the issue (other than a refund) before you tore out the shoddy work in a pretty short time frame.
Thanks ladies!
We did take pictures of the fence.
The hurry to get the fence in was a safety issue because we have a "swamp" in our backyard. We discussed it with #1 before installation as the need to get it done quickly.
I did wonder what would be considered a "reasonable" time frame. DH thinks that since owner didn't return several (at least a dozen) phone calls within the month, that should definitely cover that. But I'm not sure.
We will definitely contact an attorney. Anybody have suggestions? What type of attorney would I contact?
"My 101 List - Updating asap, I swear!
I believe you're looking for a firm that deals with civil litigation.
Here's a link I found just by googling:
http://www.michaeledwardslaw.net/About-the-Firm.shtml
Review the Civil Litigation link.