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Home>Levelset Community>Legal Help>I’m a homeowner, bought a product but a different product was installed, Texas, ... see below. Contractor still lying.

I’m a homeowner, bought a product but a different product was installed, Texas, ... see below. Contractor still lying.

TexasPayment Disputes

Hello, I live in Texas and recently had my kitchen and wet bar counters replaced. I received a few bids, and decided to use a contractor my friend is currently using. She is extremely pleased with the cabinetry etc, that his is doing. He is a very nice and knowledable man. Originally, he came over to give me a paint bid for my cabinets. While there, he convinced me to let him bring his “counter guy” over to give me a bid. I agreed. Counter guy came over, he brought samples of a quartz surface named Vicostone, said it’s the only one he recommends. I chose my two colors and received a bid via text that evening. It was higher than other bids I had for a “generic” or no big brand name. Before deciding, I asked about seeing a larger piece. I suggested that I go to the vicostone storefront or were ever to see it. This was on a Sunday... I didn’t get a address until later in the day and the store was closed. After reading about the product, warranty, etc. I decided to move forward. They came back over, I wrote a check to the installer for 1/2 and they started fabrication. During the days to install, one more than one occasion, I reiterated that I needed the paperwork filled out to verify the install and the products. I handed the form to them in person, left one on the counter with along with my notes regarding my sink install etc. Also listed this as a “to do”. Each time, I asked for it, it was addressed as if, they haven’t had Time etc get it yet. But would have it shortly. I started to become suspicious. After the job was complete, the contractor asked for the remaining payment. I explained nicely that just as soon as I got this warranty approved, I would write him a check. He then walked out to tell his installer, came back in had got the form, and they left. Afterwards... I contacted the people at Vicostone asking them to help me identify the product. They explained that all slabs have a serial number on the underside etc. they asked me to send them photos. Well... the name underneath is not vicostone on either counters. The kitchen had a name of “linea Phoenix EU Quartz” the wetbar had a number H1002. They vicostone guys said it was definitely NOT their product. They also sent me a link to countertops that use the Breton technology... which is safe for residential and food prep use. I did not see the name Linea phoenix anywhere. I was able to locate, not near as easily as vicostone, someone to email. I emailed them and asked how their product was different from vicostone. The person rudely responded and said we do not speak to home owners or end users. I since dug deeper and it looks like this company sells a “white label” to brand as your own or /and only large commercial jobs, etc. They are a supplier. Their role ends once the material is shipped. So... I do not know what I have and do not have what I ordered. The GC texted m ethics morning asking for his “money”. I explained this warranty issue again. I did not tell him I knew he was lying to me, He then texted back to me “Is my first time a client ask me for that I ask Celestí to for that info but he don’t send nothing to me yet The job is done and done right I don’t know why I have to wait to get pay I call Celestí again ” Celestino is his installer. I texted back to him.. “I understand your frustration. I am getting agitated myself. I have installed many counters in other homes and getting this information from the installer has never been an issue. I’m not sure why your other clients have not asked for it before. That is really surprising to me. What would they do if they had a problem? That would be unfortunate for them. Didn’t Celestino show you an invoice, receipt or order forms? I bet the information will on on any of these.” I later texted him verbiage on the vicostone site that says this... Vicostone product identification; Each slab has a serial number label on one side of the slab. This number is also referenced on your packing list. Serial numbers of installed slabs must be given to the owner of the property of the installation, for proper processing of the warranty. Then texted him that I was really starting to worry. So... what to do now? I still have half the payment. I suspect this was material left over from a commercial job that the installer “poached” and sold on the side.

1 reply

Mar 9, 2020
If a contractor has installed materials that aren't in line with the contract, then there's a fair chance they've breached the contract and that they may be liable to the owner as a result. And, it's also possible that the contract might be terminated as a result of that breach. On the other hand, if the material is comparable to the material that was supposed to be used, and if everything else on the job is acceptable, then the swap might not result in a material breach and the contract might not be subject to termination. Ultimately, the next steps here will likely depend on the desired outcome. If you're willing to accept the differing materials, then it might be possible to negotiate and come to some middle ground. If not, then it'd be important to bring up the issue head-on to try and resolve the matter - and the contractor's response to raising the issue will really inform your next steps there. Regardless, holding 50% of the project funds in hand is a lot of leverage. It's important to keep everyone levelheaded in a dispute so that legal claims or lien claims don't exacerbate issues. But, the fact remains that project funds are the biggest bargaining chip available. It may be helpful to consult a local Texas construction attorney to have them review the contract and to help decide next steps. With the project documentation in hand, they should be able to help navigate the situation.
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