Kitchen reno blunder

Well, im going to speak to a legal advisor on Monday and decide from there.

I have yet to hear from the builder again after all these new issues have arisen, so at this stage I'm not sure what I'm challenging (yet), BUT according to their last email, i am definitely challenging the below options they gave me, especially now that i have found more issue:

1) We can replace the pantry cabinets, refit the existing new doors, at an additional cost to you of $500 YOU MUST NOMINATE THE INTERNAL CABINET DEPTH IN WRITING AND PAY IN FULL IN ADVANCE OF INSTALLATION.

2) we can reduce the final bill by $500 if you are prepared to accept the pantry cabinets as they are FULL BALANCE OF PAYMENT MUST BE RECEIVED BY FRIDAY 18TH DEC.

 

Personally, i feel i shouldnt need to pay for a terrible install or the services of the kitchen designer.. i should just be paying for the kitchen (which im sure was covered in the desposit i paid).. well thats how i feel at the moment. although im beginning to feel the deposit i paid was too much!

At the same time, if they willing to do a full new install, done properly, i would be happy with that too.

 

I don't understand why the kitchen company didn't do a final check measure after deposits have been paid? We never start a job until this is done regardless how basic the kitchen is. And many times this has paid off as things get over looked during the initial measure .

Some jobs we even go back whilst the kitchen is getting built to triple check. Just saves a lot of embarrassment during install.

 

Agreed, thats was my main argument with them. The initial measurement was done for rough quoting purposes, it was done late one evening with cranky kids in the background, a barking dog and done within 10-15mins.

He assured me that once deposit was paid, a final measurement would be done. After i paid my deposit i specifically emailed him asking when it would be done and got no reply.

The impression i got from them was that they were leading up to an extremely busy time of the year and everything seemed so rushed.

Anyways, not sure what they are going to come back with and what stance i should take.

 

I would continue fighting them as they have no case (and this is coming from someone in the same trade). Those faults you have listed aren't acceptable to pass as a new kitchen. Hopefully this will teach them a lesson.

 

@Hodge in terms of "fighting them", can this become an expensive for me (legal wise) are do they have a leg to stand on? Just trying to see if its worthwhile me going the "legal" route.

@wylie The total cost of the kitchen was $8000, which included a sink, of which i have paid $3,200, so i still owe about $4,800.

What also bothers me is that the kitchen probably only costs about $3,000 (probably covered in the deposit i paid), the installer got paid $500 (i saw his invoice), which means between the builder and kitchen designer they "pocketed" (although they have got nothing yet) around $4,000!

Do i feel they have earned that $4000 in terms of designing a kitchen that meets my needs (functionally and practically).. NO WAYS! At the same time I had no problems handing over this good money if i felt a they had done a great job and i was happy with everything (process, design, installation etc)

 

It's something you need to discuss with your lawyer as it could end up expensive. Perhaps small claims court?

Are you sure the installer only charged $500? If so that's too cheap and hence the poor workmanship. At that price he'll need to be in and out in one day. In Victoria installers charge at least $1k for an install.

 

@Hodge Yup, he was paid to do a 1 day install for $500. When i spoke to the 2nd installer (who they got in to address issues), he said it was a 2 day install (minimum).

I also expected a $1k install (which is what other kitchen companies quoted me). The builder clearly trying to cut corners and reduce costs, putting pressure on installer.

 

Very hard to get it finished in one day. Takes us day and half and sometimes not even stopping for lunch. I'm confident if they take you to court they'll lose on grounds of bad workmanship. I'm no lawyer though so get advice.

 

How much deposit did you pay them percentage wise?

 

The whole job (including wall removal, beam in ceiling, extending nib wall) was $12,000.

Breakdown for full job was:

Building work (wall removal, beam, nib extension) - $4000
Kitchen - $8000

When i decided to go ahead with job, i paid $3,200 (so they could order kitchen). When the builder had finished with wall removal/beam/nib extensions, i paid $4,00 (full cost for his work).

The balance, about $4,800, would be paid after the kitchen installation.

 

Does the builder have to pay the kitchen company or do you have to pay them direct?

 

everything has gone through builder

 

Therfore you need to take the builder to court not kitchen company. What is the first 3 letters of your builders licence ? Sorry for all the questions but looking if what he's done is legal.

 

Its BLD 193###

 

What do first 3 letters translate too?

 

I would just say the kitchen is not up to standard. In australia there is such a thing as customer guarantees or workmanship for a proudct. i would say "if you don't come back and fix it in a timely manner, you will be seeking damages as per the delay of the kitchen (say $200 per week). this would be done through the tribunal. I would also log a call with consumer affairs and get a reference number of the local building commission or authority.

 

in victoria, that's illegal to take large deposit. it is 5-10% and is considered an offence that can render the builder to lose his license for a period of time subject to training etc.

 

The deposit i paid was around 25-30%, i should find out if that is illegal in SA.