Cabinet Maker - Poor Install, Inability to perform in a timely manner

[Bruno.HNL]

My wife and I hired a custom cabinet maker to build and install our kitchen and bathroom cabinetry. We signed the drawings on 10-02-2018. The cabinets were supposed to arrive in 8-10 weeks. Install was supposed to take approximately 2 weeks. We signed up for a GreenSky Loan when we signed for the cabinets.
The cabinets finally arrived after approx. 40 weeks. The install was supposed to occur in 1-2 weeks. We are currently living in an apartment with cabinets half installed. All of the cabinets have been installed incorrectly. I don't have a sink, because the incorrectly installed cabinets will not allow me to hook up the new sink or a temporary sink. The salesman and designer came to the house to look at the installation and agreed that the installation is not acceptable. We are in the 4th week now and the install is still incomplete.
I took a look at the Green Sky Loan and found that the cabinet makers incorrectly double charged my wife and I for the cabinets. I have told them they have until the end of the week to come up with an action plan for completing the installation and to correct the charges to my loan.
Is there anything that I should be doing?

 

[quincy]

You are in the state of Hawaii, right?

I recommend you put your demands in writing.

 

[Bruno.HNL]

I am in the state of Hawaii. This is what I sent them this afternoon, after having a 20 minute phone call with the Operations Manager. I did not receive a reply today. It was sent at lunch. I followed with a text message as well.

The 1-year mark is approaching for the GreenSky Loan. I took a look at my status this afternoon and found that Aloha Cabinets double charged me for the total amount. This needs to be resolved tomorrow. I will be paying off this loan and the charges need to be corrected before I can do so. I can not stress the importance of this enough. Do not delay. Time is of the essence. I will hold Aloha Cabinets financially responsible for any fees incurred if this is not corrected prior to the 1-year interest grace period with GreenSky. Please note that you have 5 days since the transaction date was posted 1-year ago.

Due to Aloha Cabinets inability to complete quality work in a timely manner. I am rescinding the agreement for countertop procurement and installation. The total charge for cabinetry purchase and installation should be $11,494.00, based on the adjusted agreement signed on October 02,2018. Reference attached.

Please respond to this email that you have received and will be working on correcting this error on your part.

 

[Zigner]

When did they double-charge you?

 

[Bruno.HNL]

When the first charge was placed on the loan account. Almost a year ago.

 

[Death-b4-Taxes]

Those demands in writing are not very favorable.

I will hold Aloha Cabinets financially responsible for any fees incurred...

Your demanding they pay your financial fees, something they don't have to do.

I am rescinding the agreement...

Then claim you are rescinding thus voiding the entire contract, something you shouldn't do. If they agree to the rescission you pretty much let them off the hook for everything. I think your demands in writing would have been better put by explaining simply you have been waiting x time for y to be installed and a and b from the company say it is still not installed to satisfaction. What remedy do you provide?

 

[Bruno.HNL]

I am demanding they pay any fees incurred due to their double-charge mistake with the loan.
I am rescinding the countertop contract, which is completely separate of the cabinet contract. They have done zero work on the countertop contract.

I like the comment that you stated. This is essentially exactly what I voiced in a phone call with them. I can still send an email to summarize my phone call and write what you have recommended.

Do you feel that with the additional information provided, that my response was still so unfavorable?

 

[quincy]

I am demanding they pay any fees incurred due to their double-charge mistake with the loan.
I am rescinding the countertop contract, which is completely separate of the cabinet contract. They have done zero work on the countertop contract.

I like the comment that you stated. This is essentially exactly what I voiced in a phone call with them. I can still send an email to summarize my phone call and write what you have recommended.

Do you feel that with the additional information provided, that my response was still so unfavorable?

No one on this forum can assist you in drafting your letter. For that you will need to see an attorney licensed to practice law in your state.

 

[Death-b4-Taxes]

So you have multiple disputes. A financial dispute with a loan company. And multiple disputes with a custom cabinet maker. I still wouldn't have rescinded anything because 1. it was a carrot to use. IE I will consider cancelling this other work with you if you don't finish quickly. 2. You don't know what value to your case having even more work not done on time could provide. It might establish a pattern etc. I wouldn't be shocked if the other party is consulting with an attorney after that text. I hope it just scares them into action but if not you may want to start looking for a local lawyer other than the strange loan/billable line of credit, it is pretty straightforward.

 

[Zigner]

When the first charge was placed on the loan account. Almost a year ago.

I am demanding they pay any fees incurred due to their double-charge mistake with the loan.

You've had nearly a year to deal with this. Why didn't you address the double-charge much earlier?

 

[quincy]

You probably would benefit from speaking with an attorney in your area.

The double-billing should have been noticed and addressed long ago. You should contact GreenSky and dispute the charge now.

You should also have other cabinet companies provide you with estimates on how much it will cost to finish/repair/replace the work already completed.

You appear to have been far too tolerant of delays and poor craftsmanship. If you can't get satisfaction with a demand letter, I suggest you sue.

 

[Death-b4-Taxes]

GreenSky offers a loan that is structured like a line of credit. You get approved for a maximum amount but start with a balance of zero. It includes 12,18, or 24 months of deferred interest that does accrue interest charges. Interesting that the company offers contractors to resell the loans and use them like revolving line of credit on a project up to the maximum amount approved by the customers credit. I think it's a sticky wicket and will make a simple contractor didn't deliver case a full blown financial hypoxia.

 

[quincy]

Because this has been allowed to go on for so long, I think it is probably time for attorney involvement.

 

[Bruno.HNL]

Thank you all for you input. It is much appreciated.

 

[quincy]

Thank you all for you input. It is much appreciated.

We all appreciate the thanks, so thank you.

I hope you can get the loan amount adjusted soon and that you don't have to wait another year for the contracted work to be completed.

Good luck.