Sam Takoy wrote:
Hi,
Our kitchen cabinets were built by a local cabinet maker. We live in a
Philadelphia suburb, the cabinet make lives in Bucks County. The
cabinets are of unacceptably poor quality. Examples include out-of-
square boxes, sloppy reveals, poorly mortised hinges (sloppy and
hinges are not flush with the wood), handles not at the same height,
gaps in joints, warped doors, damage in the finish, wobbly and crooked
drawers, tear outs in the veneer and many more.
We have obviously made a number of mistakes, the biggest being in
judgment of character and background checks. These mistakes led to
other mistakes, like paying the full amount when we were informed that
the cabinet maker ran out of money and wouldn't be able to continue
working on our project unless we paid. We were in a tough spot having
worked on the kitchen for three years and feeling the need to bring
this project to an end.
However, all of that is in the past. At this point, what recourse, if
any, do we have? Can one bring a law suit based on "low quality" -
that is, is the an objective measure of quality that the court could
base its decision on?
I would welcome any ideas on how to proceed. Or should we just
recognize that we made a $25k mistake and move on?
Some of the things you mention could be subjective; the reveals, e.g.
Others might be nit-picky...how much out of square?...tearout where?...what
sort of finish damage? Regardless - from what you've said - I wouldn't be
kissing off 25K!
If it were me, I would first make a detailed list of the things I find
wrong. I would then contact the maker and politely and calmly express my
dissatisfaction, explaining what I found wrong and asking him what he would
propose.
If what he proposed was unsatisfactory I would photograph them; I would then
photograph similar areas on work I found OK in order to contrast the two.
And I'm talking decent photos, not fuzzy, under/over exposed ones. If out
of square, *SHOW* (in the photo) that it is and how much. If you have to
hire a photographer it can be money well spent but do NOT hire a portrait
photographer; preferably, hire one who has experience in forensics; if that
isn't possible, then a commercial photographer and explain exactly what you
want the photos to show and why you are having them made.
Finally, I would do what Swingman suggested...get written, detailed quotes
from others to fix what is wrong. By "detailed" I mean things like, "Repair
damaged finish on left front door front..."...detailed. As detailed as
possible. You need those in order to show the extent of your damages but
they could also help *prove* the damages along with the photos (and the
cabinets themselves but photos are easier to take to court
. It would
also be useful if you could show that specs in the original contract were
not followed.
Depending upon the cost to make you whole, I would then talk to a lawyer IF
the amount is greater than the max in your small claim court. Have no
doubt, a lawyer will be costing money; if you can use small claims and if
you feel competent to prove damages than personally I would go that route.
Someone mentioned the possibility that even if you sued you might not be
able to collect...the "blood out of a turnip" thing. That's true but
whoever built them probably has a truck and/or car; liens can be placed on
them after obtaining a judgment. Ditto his house (if not a renter),
equipment, etc. Bank accounts can be attached. IOW, you may not get the
judgment paid immediately but eventually it will be.
There is also something known as "examination of a judgment debtor" whereby
he can be called into court, sworn and questioned by you (or lawyer) to
determine exactly what he has and where it is; refusal to answer or lies can
bring jail time.
I hope things work out for you. I know you are disappointed - especially
after being involved with the kitchen for three years - and I feel for you.
I hope he isn't a corporation.
--
dadiOH
____________________________
dadiOH's dandies v3.06...
....a help file of info about MP3s, recording from
LP/cassette and tips & tricks on this and that.
Get it at
http://mysite.verizon.net/xico