Public Mediation

My Claim vs. High Country Timberframe & Gallery Woodworking Co. Dispute

S. T. vs. High Country Timberframe & Gallery Woodworking Co.
689 George Wilson Rd, Boone, North Carolina, 28607, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 4862712
    • Amount Involved: 1,367.10
    • Filed On: Nov 04, 2013
    • Posted On: Dec 01, 2013
    • Complaint(s):
      • Bad business practices
      • Overcharge or billing error
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Statement of Claim
Claimant says:
"Tom, when we met on 9/9/13 to discuss a roughly $8,000, or 35%, billing overrun that was never discussed with us, you assured us that you would get back to us the next day regarding some serious red flags on the cost spreadsheet.

Then you said that you’d discuss it after you’d corrected some work that, in your words, was ‘completely unacceptable.’ I’m disappointed that instead of getting back to us, you’ve just re-sent the bill.

You stated at our 9/9/13 meeting that you had examined the budget about midway though the project and knew it was running very high but had not discussed it with us because you were busy building two other houses. At around this time, your contractor told me that the decision to drywall over the ceiling instead of using the more complicated repair process that had been estimated was ‘within budget.’ High Country Timberframe ignored all requests, written and verbal, to provide timesheets.

A few of the red flag items:

1) Math error on building envelope costs: Materials $1,982.57 + labor $4,731 = $8,789.52 (should be $6,719.57: error in your favor of $2,069.95).

2) $1,416 for caulking, priming and painting only of exterior window trim for three 33” x 38” windows, exclusive of materials. (Exterior painting of pre-primed windows was included in building envelope costs.) In your words, “this seems excessive.”

3) $996 to remove ‘old’ sheetrock (actually new, as placed by sheetrock contractors at your direction) and replace and prime ‘new’ sheetrock—on an 18 inch stretch of wall sheathing a vent pipe located at the end of the pass-through. Its position was known prior to estimate and prior to sheet-rocking crew’s stint; a post in that location was included in the plan. Compare with cost of sheet-rocking and finishing all walls in kitchen, and ceilings in both kitchen and dining room—$1,500.

4) ‘Insulation in exterior walls and foam around window jambs’: given that there was certainly no foam or insulation of any kind visible in the roughly 1” gap left under one window, I’m not even confident that this was done.

5) $768 to install rough counter-top. Tile contractor’s estimate: $100.

6) Original estimate for installing cabinets was an average of $92/ea. (Home Depot quoted $74 each). Final HCTF cost: $142.66/ea.

7) $1,846.80 for ‘accounting and project management.’ Per your estimate: $0. I understood that this is what the General Contractor fee is for.

7) On an (inflated) total of $28,472.74, your 15% General Contractor fee is totaled at $4,612.3. By my calculations 15% = $4,270.91.

As a General Contractor you gave me a very detailed estimate for remodeling my kitchen after making several site visits. These included accessing basement/electrical panels and the attic over the kitchen. You had the kitchen plan plus specs from Home Depot, and the specs of the Jennair cooker. The cabinets were even delivered and accessible to you prior to your accepting the job.

The estimate included, you said, everything I could possibly have to pay for out of pocket, barring unforeseen problems. It even included such unlikely items as engineering fees and a Porta Potty (not needed). You noted that, although I might get lower estimates, those contractors would probably keep coming back for more money, whereas you could even come in at below cost. You suggested that I use your estimate as a basis for other estimates so I could be absolutely sure that all possible costs to me were included.

You also stated that because you had several projects going at once, including your shopbuilt panelized wall systems, your workers could transfer between projects as necessary.

We agreed that I would do the painting and you were aware that I had already purchased the cabinets; I also noted that I might put the flooring in after the project was completed. You were very aware of my concern for costs and my time constraints.

I went with High Country Timberframe, even though the closest bid was some $10,000 less, trusting that as General Contractor you would do an excellent, efficient job, well within the stated costs as promised.

Plumbing, electrical work and drywall was all done by sub-contractors whose bills all came in roughly at estimate. Virtually all the overage is High Country Timberframe labor and fees.

The work High Country Timberframe did was:
1) Remove old cabinets.
2) Move old fridge, compactor and washer dryer downstairs.
3) Remove an 8’ non-load-bearing partition walls covered in cheap paneling and a 7’ non-load-bearing wall.
4) Replace two windows, install a third.
5) Patch sub-floor; ceiling repair was originally estimated but not necessary.
6) Install Jennair range and vent.
7) Install dryer vent.
8) Install new cabinets and trim.
9) Coordinate electrical, plumbing and sheetrock work.

Work not completed:
10) Planned bookcase on dining room side, included in estimate, was not installed due to HCTF/electrical contractor error.
11) Chestnut paneling was not replaced on dining room side.


Issue 1

When one partition wall was removed I was properly informed that wiring would have to be moved at an additional cost of $1,100, which I agreed to. However, the High Country Timberframe contractor failed to coordinate the work and the electricians moved the wiring into the space reserved for the bookcase. This created a cascade of problems:

1) No bookcase
2) The resulting cabinet placement was way off center relative to the window
3) The countertop was wider where the bookcase should have been. The type of butcherblock we’d planned wasn’t available in the wider width. Listening to discussions about bodging in an extra piece made me realize that butcher block was really not going to be satisfactory.

I did not complain about any of this.

Issue 2

The electrical contractors:

1) Placed the ceiling can lights with complete disregard to the plan. Two cans were right up on the fridge and the contractor, to accommodate the bad placement, suggested that we ditch my purchased “ugly big-ass molding” in favor of stepped-up planks. I asked that instead the electricians correct their work. They did not. The cans were moved marginally and left right up on the trim. Once the power was connected, it was clear that half the kitchen was simply not lit, while the fridge was floodlit like the Empire State Building. Also, the light over the stove was badly off-center. I asked on several occasions to have all this corrected and was told that “the lights work” so there was no obligation to fix their mistakes. It was not until I disputed the bill that this was finally corrected.

2) The power socket that was supposed to be put in the cabinet next to the sink was put in the cabinet over the fridge, where it is completely unusable. I have no idea what anyone was thinking on that.

3) Once the cold weather set in, I, or rather the BREMCO electrician I had to call out, discovered that the HCTF electricians had disconnected my clearly-marked ETS heating system from the clearly-marked ETS panel so that they could wire in the kitchen heaters. This cost me the repair, more time, and the discount that comes with a connected ETS heater. I have now discovered that my office heating has apparently also been disconnected. I am speechless.



Issue 3
Time

This project dragged on forever. There were no 8-hour days; work was done in short spurts of as little as an hour in a day. Home Depot estimated that the cabinet and trim installation would take two days; it took HCTF over a month of partial days to install the cabinets, stove and pass-through. Workers took off for doctor’s appointments, meetings, a greenhouse project, other jobs, events, all sorts of things. People who were expected at 8 would come in at 11, at least two workers quit. There were two different people in charge; apparently they did not communicate. Again, I was accommodating on the assumption that delays go both ways. I did not blow my stack as anyone else might have done, even though it was hugely stressful. In retrospect, it was clear that this vastly contributed to the cost overrun.

It is a General Contractor’s JOB to keep up with costs and keep the customer informed so that they can make appropriate choices when necessary. Most of the cost overruns could have been avoided had you put proper and reasonably professional attention on our project, communicated with us and with each other, and supervised your subs.

I am willing to compromise and I am willing to allow some extra charges for PITA issues. Had the billing over expected costs been $1,000- to $2,000, I would not have said a word about anything—unlike many other more demanding customers.

However, some $8,000 is a lot of money to just spring on a customer at the end of a project that was hardly rocket science. I do not believe that you would be happy if this happened to you.

I would prefer to resolve this outside of court, but I’m sufficiently outraged, disappointed and frankly heart-sick that, if necessary, I’ll go that route."
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Additional Communication Between Claimant and High Country Timberframe & Gallery Woodworking Co. Hide
  • Nov 20, 2013, Claiming party added:
  • We are in receipt of a letter dated November 12, 2013 from your lawyer, Brian P. Martin of Deal, Moseley and Smith LLP, in response to the good faith offer to settle made by us on November 4, 2013.

    This letter, amongst other things, threatens to sue us for defamation if we post “defamatory content” about High Country Timberframe in connection with our unfortunate engagement of your business to remodel our kitchen.

    We had of course hoped that you would do the right thing and agree to settle by removing the substantial overcharged and unapproved amounts as detailed in the above claim.

    Please be advised of the following:

    1) Our PeopleClaim against you contains statements and assertions that we believe to be true and/or which are our opinion. Most of those statements are based upon the project spreadsheets you provided to us and on our discussions with you, your sub-contractors and with third parties who have subsequently reviewed your work for the outlined quality and cost issues.

    2) All content in our claim is protected free speech as defined by the US Constitution and various state and local provisions that protect consumers’ rights to publicly discuss and even criticize contractors, vendors and others for poor work, bad business practices and other deficiencies.

    3) The law is very clear about the standards that you must prove for defamation and as to the consequences of misusing the legal process solely for the purpose of stifling protected free speech or intimidating a publisher through SLAPP suits or other abusive practices. In the event that you attempt to threaten, intimidate or otherwise coerce us to remove or modify protected speech content in our claim, we will file cross claims against High Country Timberframe and possibly you personally, and anyone assisting you, for abuse of process, malicious prosecution, defamation and/or other remedies that may be available to us under law for the maximum damages provided and recapture of all attorney’s fees that we would be forced to incur as a result of abusive legal actions. We strongly suggest you consult your lawyer regarding the consequences of your threatened actions before proceeding on any reckless path in an attempt to silence speech solely because it may be inconvenient or embarrassing to your business.

    4) As you are aware, the PeopleClaim system provides you with the opportunity to identify, rebut, counter and otherwise correct any content in a claim filed against you that you believe is untrue or misleading—all without charge or restriction. Since you have made no such effort to correct or challenge any aspect of our claim against you, we will assume that you agree with the representations we have made, if not with the conclusions. As a result, we believe that you bear full responsibility for the accuracy of any content contained in our claim as you have the full ability to object to it or to request correction via the PeopleClaim process. The above notwithstanding, if you do in fact dispute any of our assertions, and can reasonably demonstrate that they are untrue, we would be happy to consider editing or removing them at your request and as long as they do not constitute protected free speech as defined by law. Your lawyer can provide you with the relevant standards for free speech and your burden to prove defamation.

    5) We further suggest that you review the considerable case law relating to vendor attempts to suppress protected free speech by consumers, patients, and tenants though public posting sites like PeopleClaim, Yelp, Angie’s List, the BBB, and other consumer protection or review organizations etc.

    6) Regarding your threat of a legal action for collection, we respect your right to pursue any legitimate legal action that you feel is appropriate; however, you should be fully aware that a) if we are not able to reach a mutually agreeable settlement for recovery of your overcharges, we will counter sue you for the full amount of the unsupported and/or unjustified billings/overcharges and/or unapproved cost escalation, which we estimate to be around $8,000, and b) the information contained in the unresolved PeopleClaim will remain posted regardless of the outcome of any legal action, in order to hopefully help others avoid the nightmarish experience that we have gone through with High Country Timberframe.

    7) Please also note that we temporarily deferred posting of our PeopleClaim in hopes that we could negotiate a reasonable settlement with you. However, in light of the your threats of litigation we have instructed PeopleClaim to post the claim if unresolved in 10 days from the time of this posting, and to copy details of the claim to all relevant regulatory agencies, consumer watchdogs and media per the terms offered by the PeopleClaim service.

    8) If you wish to make an offer to settle this matter in an amount that adequately compensates us for the overcharges, unapproved and substantial cost escalations, and additional defects (some discovered since our last meeting), kindly forward it to us—either though PeopleClaim, email or formal letter—and we will give it full and fair consideration in hopes of putting this matter behind us.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Delete remaining bill as re-sent Nov 19, 2013 N/A
Cash
1. Damages: Labor and parts for repair of heating system damaged by electrical contractor (BREMCO was extremely kind in their billing) Nov 19, 2013 $96.96
2. Refund: $3,695.92 overcharge less $2,425.78 (see 'what I will offer') Nov 19, 2013 $1,270.14
Cash total : $1,367.10
Non-cash: 1 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer


There has been no response to this claim from High Country Timberframe & Gallery Woodworking Co.. This claim will remain posted until resolved
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  • Contributed Solution: by Small Town Anonymous On 05-25-2021
    I wish I had the guts to complain like this, I had some of the same problems with this company. I was too embarrassed to say anything and I'm mad at myself. They were arrogant and expensive. Good luck and I hope you do better than I did.
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