Contractor miscalculated countertop space and cut the slabs

paulney

Diamond Member
Sep 24, 2003
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We are doing a kitchen and bath remodeling. So far the contractor we picked has been great: we really couldn't complain about anything, and even though there were a few mishaps during bathroom remodel, they were our own fault, and that was that.

Now we are at the stage where we need to put granite countertops before bathroom could be complete and before they could continue kitchen work.

Originally we were planning on getting a slab and having it cut by the contractors recommended by the store (it's a very well known store, and they don't recommend Joe Schmoes).

Well, our contractor says: you don't really need a slab here, prefabs will work just as well; you'll have 1 more seam, but my guys are so awesome, you won't even notice. And it will be 3x cheaper. Since he proved himself up to this point, we went along.

Bought 3 slabs. He picked them up.
Granite guys come out and take measurements and make templates.
Then he calls the next day: "Uh-oh, I miscalculated, we need 1 more slab".

He comes back with his granite guys to figure out if they can still work with 3 slabs, during which time they tell us: "by the way, we can't match the seams, because you got the wavy patterns instead of something more homogenous"

The granite is not returnable and not refundable. After much deliberation we go back to the store and pick another prefab of the same stone, but with more dots to work as transition pieces.

Today he calls: sorry, I made a mistake in calculations, the width of the prefab is not enough to cover the corner area, and there's a 3/4 gap between the stone and the wall. I have a few ideas on how to cover it!

So, right now I'm about to tell him that he can take his granite guys and the slabs and refund us the money. Then we'll go pick a slab and have other people do it as we originally planned. That's about 3.5k out of his pocket. Much drama to happen tomorrow.

Cool story bro.

Update:

Today we went together to the granite shop again, and picked up a peninsula slab which is wider and bigger. A mention that 2 of our friends who he sent the estimates to last week are now waiting for our word convinced him to pony up without a fight. He returned the extra slab, paid the premium for the exchange and a peninsula slab, and will eat the cost for making the edge (and one less seam) on the cut from peninsula piece.
 
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JulesMaximus

No Lifer
Jul 3, 2003
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Sucks to be him I guess. When we did our kitchen we had 1 giant piece of granite we picked out and the company came in and measured, cut a couple days later and installed the next day. Looks fantastic.
 

RockinZ28

Platinum Member
Mar 5, 2008
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So, right now I'm about to tell him that he can take his granite guys and the slabs and refund us the money. Then we'll go pick a slab and have other people do it as we originally planned. That's about 3.5k out of his pocket. Much drama to happen tomorrow.

Cool story bro.

So you already paid them for labor, or just for materials? Either way this should be amusing, good luck!
 

paulney

Diamond Member
Sep 24, 2003
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Sucks to be him I guess. When we did our kitchen we had 1 giant piece of granite we picked out and the company came in and measured, cut a couple days later and installed the next day. Looks fantastic.

That was the original plan. Well, you never know - everything his team did up to date was indeed top notch. Maybe the granite guys are good - it was him who screwed up with the measurements.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
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Uh oh. So you picked the material and paid for it, and they screwed your material up?

Yeah, this is going to be good.
 

paulney

Diamond Member
Sep 24, 2003
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Yep, that's exactly what happened. We picked the necessary quantity based on his calculations, and his calculations were wrong. Not only the material is not returnable, but it has been cut as well.
 

RockinZ28

Platinum Member
Mar 5, 2008
2,171
49
101
Yep, that's exactly what happened. We picked the necessary quantity based on his calculations, and his calculations were wrong. Not only the material is not returnable, but it has been cut as well.

Start taking notes/records of everything if you haven't already. Sounds like a small claims issue.
 

paulney

Diamond Member
Sep 24, 2003
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Yeah, you guys are boned.

How so? We have a contract of what needs to be done, and it clearly says that granite countertops will be installed. It doesn't say: granite countertops will be installed with extra pieces to cover a 3/4" gap along the wall with thick mortar, extra granite inserts, other tricks that I could do, but don't really work.
 

paulney

Diamond Member
Sep 24, 2003
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Start taking notes/records of everything if you haven't already. Sounds like a small claims issue.

He is very detailed: we have a full list of things that need to be installed, that gets checked off as they are done. Each payment is recorded with an invoice.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
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How so? We have a contract of what needs to be done, and it clearly says that granite countertops will be installed. It doesn't say: granite countertops will be installed with extra pieces to cover a 3/4" gap along the wall with thick mortar, extra granite inserts, other tricks that I could do, but don't really work.

Make sure you keep that as you'll need it in small claims. :)

lol.. We could be wrong, maybe they will say "OK" and give you your 3.5k back. They could keep the pieces, at least. I'm sure they're not completely worthless, so they would actually be out less than that.
 

Nebor

Lifer
Jun 24, 2003
29,582
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How so? We have a contract of what needs to be done, and it clearly says that granite countertops will be installed. It doesn't say: granite countertops will be installed with extra pieces to cover a 3/4" gap along the wall with thick mortar, extra granite inserts, other tricks that I could do, but don't really work.

Right, and he'll say that he needs the right materials to do it. Just because he apologized for telling you to buy the wrong thing doesn't mean he's going to pay for it.

Oh wait, no, does your contract have a Whoopsiedoodle clause?
 

Lifted

Diamond Member
Nov 30, 2004
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I foresee Judge Judy in your future. She'll put the smack down on him. Make sure to let us know when it airs so we can set the DVR.
 

paulney

Diamond Member
Sep 24, 2003
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A couple of his future contracts depend on this job (our friends who we recommended him to), so I think he'll consider it.
 

paulney

Diamond Member
Sep 24, 2003
6,909
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He is out less than 3.5k - he pockets a certain amount between what he pays granite guys and quotes us. Granite guys will have to cut him some, too, for screwing up and not telling him upfront about the issue as soon as they took the measurements. And some slabs could still be intact - he'll find some use for them.

But for us it's 3.5k we will need back to have the job done right.
 

paperfist

Diamond Member
Nov 30, 2000
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www.the-teh.com
How can a contractor miscalculate by a whole slab+? If they have templates made and take them and the granite back to the shop wtf would they start cutting if nothing lined up? You need to teach your contractor the measure twice, cut once rule.

You're gonna need Mike Holmes to bail you out.
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
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How so? We have a contract of what needs to be done, and it clearly says that granite countertops will be installed. It doesn't say: granite countertops will be installed with extra pieces to cover a 3/4" gap along the wall with thick mortar, extra granite inserts, other tricks that I could do, but don't really work.

Just because you've got a contract doesn't mean he'll honor it. My father had a contractor who was supposed to redo their bedroom and front door. The guy did all the demolition and then stopped answering his phone. They had this huge hole in the front of their house and the guy just walked off with the money for the materials.

I don't remember exactly how they got their money back, but it sounded like where they were any money for materials was legally supposed to be in escrow and could only be taken out when the contractor could provide documentation for the expense. Because the contractor couldn't provide any information about the escrow account or any expenses they had a really strong case. Otherwise, it would have just been their word against his.
 

zinfamous

No Lifer
Jul 12, 2006
111,866
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so, is the $3.5k still under the "1/3 cost of the other guys" that he promised?

maybe he's just walking up to that standard cost? :\
 

paulney

Diamond Member
Sep 24, 2003
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so, is the $3.5k still under the "1/3 cost of the other guys" that he promised?

maybe he's just walking up to that standard cost? :\

No, with 4 prefab slabs and labor - it's now still less than 1 big slab + labor, but nowhere near 1/3 any more.