My parents, ages 78 and 89, commissioned a remodeling company to remove their existing tub and install a fully functional handicap shower. The work was very shabby requiring multiple post construction fixes, not to mention they pay in excess of $9000 (with no shower door). The company wants my parent to pay another $1400-$1500 for a door for the shower. Is it me or does this seem extremely pricey? When speaking to my parents neither of them seem to know what they signed and agreed to in the contract. All they can articulate is what they expected and the fact they did not get it. Any layperson can speak to my parents 5 minutes and realize they do not quite get it. Is there some type of law against practicing business in this manner?
24 Answers
Helpful Newest
First Oldest
First
ADVERTISEMENT
There are lots of great ideas here! I would review the contract and do your best to work it out with the company, but there his never an excuse for Crappy Work. If they are unwilling to correct their shabby work, or make things right, I would take therm to small claims court. Hopefully your states small claims court maximum limit is ten thousand dollars, as somebody else had mentioned.
As to the shower door, if it was not in the original contract, your parents are under no obligation to have this company install one. You can call other companies to compare prices and hire someone else to install the door. It is always a good idea to get more than one estimate for any job.
I would contact the BBB and file a complaint Also I would contact the Consumer Affairs Bureau, they have a web site to file a complaint. I also would contact your local DA offices. and file a complaint there. these are agencies that will help you and not charge you. I also would go as far as contacting the license bureau for the plumbers
and file a complaint there. I would file a complaint with each and every one of these bureaus and if they can lead you to anyone else I would do that also. I wouldn't let
them get away with screwing with my parents....
I also had my parents bathroom done over and took the tub out and turned it into a
shower that I could roll the parents in the wheel chair into. put a handicap toilet in and also barred the entire shower and the where needed in the bathroom for them.
I did it thru home depot in 2015. no where near that price. good luck.
Another labor intense job is removing all of the old tile from around the bathtub area, some bathtub areas have tile up to the ceiling and replacing it with brand new tile.... and chances are when an old bathtub is removed, the floor would be damaged, thus all the old tile flooring needed to be removed and new tiles be put into place. Depending on what material was used for the floor usually it can be time using a sledge hammer the old tile out. There is also cost if the plumbers find rotting wood under the bathtub from on going small leaks, or behind the tiled walls. And the cost of removing the old bathtub from the house to the dump, etc.
Was the shower door even in the contract? Maybe that wasn't discussed or dismissed as the old bathtub might have had a shower curtain. Walk-in showers can also use a shower curtain, which are easier to keep clean compared to glass type doors. Some people use both, as the curtain gives so much more privacy.
A few years ago I was quoted $15k from a local well known plumbing company that also did bath remodeling. The bathroom was 5'x7' so it was small. The quote included removal of the old bathtub and replace with a walk-in shower, plus a brand new vanity, sink, and mirror, new tile walls and new tiled floor. The price was reasonable for my area. And I was picking out reasonably price tile, no fancy or unusual colors. Everything was going to be all white. Never got the work done as my parents all the sudden needed more of my attention. I couldn't clone myself to be two places at one time :P
And it is not unusual for the workers to come back to tweak issues that crop up.
Have your parents been diagnosed by their doctor stating that they are incapable of handling their affairs and decisions? If so, you can petition the Probate/Family Court so that legal proceeding begin against the company.
I worked for a Contractor's license/bonding company for over 5 years. I did the paperwork for the underwriter for licensing and then worked with the underwriter for bonding.
Is the contractor licensed/bonded? This should be stated on the contract. Contact the company that issued the bond. Bonds are provided to contractors through insurance companies after an underwriting company has accepted the contractor background etc. You can place a 'mechanic's lien' (totally different definition than a mechanic) on the contractor's bond. This means that whatever monies are stated in the bond, will be held until either all issues are taken care of WITHOUT additional costs or the contractor must give all monies back to your parents. There maybe many people ahead of you on the list for the Mechanics lien, so there may not be any money left by the time your parent's name makes it to the top of the list. All of this is reported to the BBB AND the contractor can lose their bonding which means that other insurance companies will research to any issues that have been closed or are still unsatisfied.
Here's the difficult part with companies that are licensed/bonded too.
The owner of the business does not need to take the State test that is required to get the contractor license. What they do is hire someone who has passed and carries the license. Then using the license holder's background information as a contractor, they then go to an insurance company which in turn locates a License/bonding company willing to take on the account for underwriting.
When issues such as you have stated happen, the owner of the business can close that current 'business' and get paperwork required to open another 'business' doing the same type of work.
The scamming doesn't hurt the business owner, but it does the person working for him. The person who is licensed/bonded is the one who will be hit with all the legal ramifications while the owner is lying on a beach somewhere with an umbrella drink in his hand after taking all the money out of the business account. Every time he changes the business name, a different bank account must be opened.
Was this a contract where the company came to your parent's home and they signed it. If so, there is a 3 day clause to back out of the contract. They may not have been informed of this clause or they felt they knew what they were doing by signing.
Did your parents pay all of the money upfront? Not good if they did. Contractors who usually ask or demand all monies be paid upfront are scamming thus the horrible disgusting job done. The company only needs to start the job, but then they run if it's a scam, give excuses and ask for more money even with a stated contract for cost and what they have guaranteed will be done. That is a criminal act and your parents can have charges pressed against them through the Court. The police do not get involved with these issues. This is the type of fraud that charges are actually done through the Court.
Many elderly people are afraid to do anything about these scams. They are embarrassed and don't want people to know that someone scammed them out of their hard earned money; especially family members.
These scams run neck and neck with on-line people that say they have a large amount of money coming to them, but they can't get it unless they can get money sent to them for whatever. People (even caregivers) convince elderly persons that they need to withdraw large amounts of money from their accounts, turn the money over to the person who has convinced them to do this and there goes the money never to be seen again.
Start with reviewing the contract, get help if you do not understand it either. Many scammers have contracts written up that are very confusing and double talk so you don't understand and no one wants to feel that they don't understand or are being scammed.
Call the County office that handles license/bonding for contractors to get information on the company. They should be able to tell you if the owner is the licensee or not
Get in touch with the Contractor license/bonding company to get the paperwork started on the Mechanic's lien
Ask for the name of the insurance company that holds the bond for the company and get the paperwork done so that they have record of what is happening with the company
Get the paperwork started with the Court so that investigators will be assigned to find the business owner and arrest
It doesn't matter what is or isn't a reasonable dollar amount for a remodeling job. The issue you're looking at is whether or not your parents were scammed by a fly by night business.
This may also be the time that you and siblings need to sit down with your parents and discuss how to better handle finances. They'll be stubborn about is, so be prepared. You may also need to think about petitioning the Court to become their Conservator/Guardian depending on what their doctor thinks may need to be done. You may want to get an Estate attorney involved due to this situation....do indepth research regarding Estate Attorneys....SOME scam too. Just read about all the celebs who have been scammed by both Attorneys and money managers to learn that their million dollar life style is really more of a welfare life style
I hope that this has helped you, especially the inner workings of what contractors can do to scam and what it takes to get the ball rolling.
I suggest filing in small claims court. They have up to $10000 as their limit. Look on this chart for your state.
nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031
This type of thing is what it's for. Take pictures of the problems, write one page or less about what your complaint is, and show all the paperwork passed back and forth. Keep your complaint simple and it in your own words about what your asking him/her to make a judgement on.
IMO, you have three points to make; First is the method used to pressure your parents to buy what may be considered work that requires a new contract to complete without advising them fully of that point... and their ability to understand this. Second is failing to complete the contract in a reasonable and acceptable manner that would be fulfillment of the contract. Third, I would get two statements from other contractors about the condition of the project and cost to fix any problems. Courts like to have numbers to base their decisions on as it makes their job that much easier.
Have your parents there because the judge will want to talk to them to understand their current ability to make a reasonable decision that applies to this type thing. Any good court will have seen this more than once before and ask the right questions.
I'm so sorry this has happened. I'd like 5 minutes alone with whoever did this to your folks.
Ask the company for a copy of the signed contract, if they expect anything more from you they must be able to produce that... and then you’ll have more of the info you need.
If they have a website (or find their business card), look hard for any professional organization they say the company or any of the staff belong to, and contact that/those organizations for advice.
SUCH a hassle and so sad, sorry and good luck!!
I'm very sorry to hear what happened with your mom and dad. It is reprehensible to how some contractors take advantage of the elderly. I don't know if you can go through the Better Business Bureau in your area. Other options include the police if there is fraud involved or going to see an attorney. I know some news station have a Consumer reporter, so that might be another avenue to get some resolution for your concerns.
I would call around to other plumbers and contractors to check on the pricing and work to have a better idea if the price is right.
I hope your parents get their money back or at least get the shower they wanted.