Complaints

• Initial Complaint

  02/06/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Consumers are going to sink money into a project that will not be done correctly, will have anxiety shooting off the scale at times, it will not turn out how it's envisioned and they risk spending more money to get it all fixed by a more qualified contractor who has an experienced team of designers, architects and laborers who will do a better job.Please see the attached document in relation to this case.

  

  Business response

  02/06/2023

  Good evening,

  Last week I contacted BBB to ask for advice about this case, but couldn't get anyone to help me out with this.
  
  Last November, we got the contract to do a bathroom remodel for ***********************. After offering him a gut rehab of the project, ***** decided to keep the existing toilet and vanity the way they were, to save cost, and focus only on removing the old bathtub, and replacing the floor tile. Since I got him approved for financing, and he got approved for more than the quote, he then decided to do some work on his bedroom and hallway to replace the closet doors ( Scope of Work of both jobs attached ).
  
  The total length of the bathroom is ****", being the first ****" occupied by the existing toilet and vanity. At all times ***** new of the size of his bathroom, and he was checking every step of the work, since he was there most of the time, only out for a few days that he was on a trip.
  All the process was going great, he was happy with the progress of the bathroom ( see attached screenshot of our conversation where he says that the "bathroom looks good" after installing the tile and having the shower built the way it is right now) He was confirming his acceptance of the work by making the payments every time we reached a milestone specified on the contract ( payment received at rough plumbing completion, payment received at tile completion, payment received at closet project completion ). When we were two days away from finishing the project, my workers arrive to the building to find that ***** all of a sudden remove the authorization to let them work.
  After that, I gave him a call and he explained to me that he wasn't happy with the width of the shower, and that he wanted us to stop working until he had some consultation with a designer. We were patiently waiting for ***** to decide what course to take for four weeks, and I kept following up with him to let him know that we were ready to get back and complete the project as soon as he gave us permission. The next notification I receive is an email demanding to pay him $9,300 so he can hire someone else to do the work differently.
  
  I've been trying to find an agreement with him several times on the phone, nothing seems to please him other than paying him the amount he requested with no foundation whatsoever. Last Friday he hung up on me after yelling at me saying that this situation was very frustrating. I've taken the time and resources to explained him why it's not possible to have a wider shower unless we have a narrower vanity.
  
  I've attached and screenshot of the email I sent him last Saturday, where in my opinion I try all the possible options to please him, but he sticks to that the only possible way to finalize this issue is by paying him $9,300.
  
  We do work to have happy clients, we've never received any complain before this one, and we are open to negotiate the best outcome possible, but at this point, we've done 97% of the job we were hired for, therefore I don't see reasonable to have to give the money back for a work that's been properly done according to the Scope of Work we provided at contract signature.
  
  
   

  Customer response

  02/07/2023

   
  Complaint: 19342805
  
  I am rejecting this response because, I had entrusted the contractor to carry out thorough work which included not only a space that was maximized - also a space that was adhering to public safety code. I had entrusted a contractor with licenses and permits, insurance and assurances that they would have full working knowledge of building codes and modern procedures of construction because I had never taken on a project like this or had any knowledge of these matters. 
  
  
  The total length of the bathroom is not **** - it is **** and prior to Red Mug coming in, it was approximately **** in length - which if maintained with the remodel and adjusting the position of the vanity, I would have been able to achieve a minimum outside shower width of 32 - that would be up to code.
  
  
  If there were ANY concerns that my vision for a maximized space was not realistic, this should have been discussed before work commenced, a thorough inspection of the former structure should have been investigated and at the very least, a halt in work by the team should have been presented before continuing - instead of just saying "YES" we can do that - they should have advised otherwise when there was a concern about finished space. 
  
  
  As I had agreed to payment terms while work was being carried out, I continued to pay so as to not cause any difficulty in slowing down the work - even when the contractor advised the tiling aspect was complete, and I raised my concerns about the small space which is not to code and I can barely stand inside the space with my shoulder width - I felt obligated to pay. 
  This was back in the middle of November, I stressed the value of the property would drop and the owner assured me this was NOT the case - the contractor was incredibly pushy and persuasive to continue the work so, I begrudgingly continued to pay - even though I laid awake for nights with stress about the position I was in with the condition of the work and an unusable shower.
  
  
  As it eventuated, the shower space is not to code for the outside width and I have investigated through engineers and contractors that the method in which Red Mug commenced and continued work was not correct.
  
  
  From the outset, no plans were shared with me, no diagrams, no explanation that I was going to lose space to a shower that is now in breach of city ordnance. Only ONE photograph was shared at the beginning of November while I was traveling out of state, showing they'd broken through to my closet wall and advised due to space there, they'd need to install a frame which would create more space between those two walls. I was only aware that a frame had been installed on one side - not all three sides. 
  
  
  When I saw the demolition and subsequent inspections - no one informed me or detailed with me that a complete frame had been positioned to come in from the original walls that were there before. In between work travel, I had very limited access to the space was it was often taped off while materials set and I wasnt able to enter. 
  
  
  When they were completing the tile work was when I was able to get in for a closer look and realize what had happened. Until I halted work on the project due to the situation, this is when the owner of Red Mug came forward with the explanation of why they used their 2 x 2.5 frame.
  
  
  When I halted work on advisement of others, it was approaching the holiday season and therefore difficult to get responses from designers or, contractors for additional advice - during that time, Red Mug sat waiting to hear from me - not proactively investigating what other stud frame options there might have been, other materials that could be used for a narrower threshold or otherwise that would bring the space up to code and result in my initial vision.
  
  
  I heard back from an independent contractor who physically showed to me; shared photographs of other same size bathrooms in the same condo building and proved that the work could have been done with alternative materials, a narrower yet just as stable stud frame and a narrower stone cap threshold which would result in expending the shower space to be code compliant, have enough weight bearing for a glass door and provide me with the environment I had initially envisioned.
  
  
  Every time I went back for a discussion with Red Mug to show them these examples, to insist that there are other ways, the response was that the size of my room was too small and it could not be done - various options were presented to me - yet none of which were going to result in the space being up to code nor were they similar in any way to the other contractor's work who has done this remodel many times. 
  
  We cannot find an agreement because Red Mug has never presented me with an improved solution much less correcting it without it costing me more money I cannot afford even though this has been explained and outlined over and over. 
  
  
  Why would I stay with a contractor who has not successfully completed this kind of process or work, side step the essential need to ensure construction is up to code and not require a refund of any funds? 
  
  
  To be clear, I initially requested a refund of $9,300 (approximately 50% of the total job) and had I not persisted, could have taken longer to respond, I'm nearly 3 months waiting for a finished bathroom, and in need of funding to have this bathroom fixed by a more experienced contractor - so I cannot request anymore, I must insist.
  
  
  I do take personal offense that Red Mug claims I hung up after yelling at the owner. This absolutely is not how things transpired. I was called at a time when I was in a very loud location and the call was intended to be a clear termination of the contract and that I required $9,300 refunded because the work was incorrect, not up to code, and that Id paid for materials Id not yet received. The owner became argumentative with me, trying to talk me around, still without resolving the situation, so I had to stand my ground and stipulate that it would be easier to have the partial refund and we part ways so, I could get on with getting the space fixed. The owner continued to interrupt and aggravate me because he wouldnt accept my decision so, after I had to say his name several times so hed cease talking, I advised him I had to end the call because it had become too upsetting and frustrating for me to continue the conversation. Following this, I repeated that I required the refund so I could get the work fixed and said goodbye.
  
  
  I outlined on that call that as the situation had gone on so long without Red Mug being capable to negotiate a resolution which would correct the work, the only outcome remaining was termination and I reiterated this in response to the last email - I cannot have this continue any longer - I think $9,300 (approximately 50%) of what Ive paid is more than acceptable. 
  
  
  Please help me achieve an outcome so I can afford to get this fixed.
  
  Sincerely,
  
  ***********************

  

  Business response

  02/10/2023

  Please see attached documents as a reply to the rejection.

   

  Thank you,

  Customer response

  02/15/2023

   
  Complaint: 19342805
  
  I am rejecting this response because: As per the email sent by the owner on Feb 4, 2023, by this single statement, 
  
  
  That being said, I'm not trying to put all the blame on you. I should've advised you that, based on the Scope of Work, the shower width never could have been code compliant.
  
  
  Red Mug Construction admit they:
  
  
  A: should have advised me of the risks before commencing work, however did not. 
  B: proven that they actually do not have the expertise to remodel the shower into a modern code compliant space. 
  C: should not have sold me into this contract.
  
  
  Instead of talking me through the risks, or perhaps being honest about their level of expertise in condominiums, I was given a very confident sales pitch that my intent to have a shower/tub conversion to a shower with more room was achievable. Even one of the first photos shared presented the vision I had in mind - see attachment 10.7_Bath1 - almost exact same layout, stone cap threshold, 2 door medicine cabinet, niche in the end wall - at no time was I informed that this was not a realistic vision. 
  
  
  Even when the demolition revealed the challenge of having to instal a new stud frame the contractor did not specify dimensions or, that a frame instal was going to be on 3 sides - resulting in the finished width being in breach of code. As they demolished the entire wall area and elements, they left no existing foundations to stabilize new materials, and installed a heavy duty 2 x 2-1/2 frame on 3 sides that reduced the usable space. 
  
  
  In fact, upon researching responsibilities of contractors: 
  
  
  A: No drawings or dimensions were shared with me before commencing work 
  B: Neither was the "Home Repair: Know Your Consumer Rights" pamphlet
  C: No signed waivers of lien with regards to subcontractors were processed
  
  
  The contractor also overlooked any adjustment or change order to the Scope of Work as installing a completely new frame on 3 sides should have been agreed to in the contract.
  So, I technically didnt sign off and as previously outlined: I was only aware by text message that a frame had been installed on one side - not all three sides.
  
  
  The few times when I could get in closer - on November 9 for example - expressing concern about the positioning of the oversized shower system elements and the fact they looked off-center - I was still uninformed of the real reason the size of the shower system was because of the reduced space. No scale drawings were supplied to me from Red Mug to reference or, measure against.
  
  
  It was easy to say things were looking good when viewing the room from the taped off doorway, however once able to physically stand in the space on November 16/17, I then realized how small the space was along with many other details of poor workmanship that I began to list for needed correction.
  
  
  It was only at this time, November 17 when the explanation about ******** standard process came to light. I had several conversations with the owner asking for another solution however, none were presented because I was told then there was no way other than the way theyd done their work.
  
  Expressing my wish that Id never done the remodel yet with great hesitation, I continued with the project as the holiday weekend approached. Being a slower time, I began investigation with engineers and other builders to be informed that the work was done incorrectly.
  
  
  When Red Mug was in a position to continue after the holidays and there was still a lot to be finalized, I closed off access because I was now aware of the crucial mistake made by this firm. December 7 was the first time I had seen any visual of what Red Mug had done along with a hand drawn example of their findings.
  
  
  After a very long conversation, I permitted access for the plumber to finish their instal so I would at least have a working shower. Red Mug offered to put in a temporary rail and curtain until the situation was resolved however, this never occurred and neither did delivery of pre-paid hardware and accessories - even though I requested this repeatedly.
  
  
  I asked for time to look into alternatives with designers and subsequently contractors, as Red Mug had no alternatives of their own which took us through to the New Year. 
  
  
  Presented with an up to code alternative by a contractor who has remodeled in the same condominium with bathrooms the same dimensions as mine I took the time to share this information with photographic proof of the process - showing that it can be done with a reinforced frame that is narrower and secured up behind the original ******* to bear the weight of new materials and doesnt impact the pipes or plumbing. Additionally, a narrower threshold has always been possible with a reinforced stone cap to bear the weight of a glass door.
  
  
  Considering I had no confidence in Red Mug at this point regarding their inexperience as outlined with the above alternative and having found a solution with another contractor, the logical step was to request a partial refund to help cover correcting the work done which was communicated on January 9.
  
  
  ******** owner wanted to meet with me, understandably to see how the business could be saved however, after measuring up the space and working on a revised proposal supplied with hand drawn sketches that supplied only one option that would not be up to code and would not result in the initial vision: a narrower threshold, a wider shower and glass shower door.
  
  
  I had to detail this in response again pointing out that ******** claims of the stud frame being a standard requirement of building contradicts with their inability to comply with standard requirement for minimal shower width in buildings.
  
  
  It was only after then that Red Mug put in more effort with alternatives (with scale drawings) that again, proves to me they do not have the expertise to do the job correctly, presenting options that will either:
  
  
  A: not be up to code
  B: cost me more money
  C: not the vision I had agreed to in SoW
  
  
  The list of other concerns (most of which have been expressed previously) has continued to grow:
  
  
  the niche could have been installed with a much slimmer, matching mold - not impacting shower space
  the gold trim should have been a miter cut - not square
  the caulking inside the shower is irregular, lumpy and missing in places
  the caulking on the vanity is flaking and coming off when cleaning the bathroom
  the threshold installed at the bathroom doorway prevents the door from closing
  the closet frame (in the entryway) isnt flush with the wall on the top left corner
  the two closet skirtings arent fixed down properly
  the reduction to the flush response in the toilet, where I now have to hold the lever
  down
  
  
  I will need to have this all corrected now, in addition to having the entire shower space demolished again, install a brand new segment near the ceiling for stability, reinstall a suitable frame and tiles with a stone cap threshold for the shower door, bring in a plumber for the systems and purchase materials that Id paid RED MUG for but were never handed over:
  
  
  A: Medicine Cabinet
  B: Bathroom Hardware
  C: Interior Door Handle Sets
  
  
  Considering so much has to be redone and with higher grade workmanship, an approximate 50% refund is more than reasonable from the $18,130 already paid.
  
  
  I will negotiate in that realm as previously communicated.
  
  Sincerely,
  
  ***********************

  

  Business response

  02/22/2023

  Please see attached pdf for response.
  
  Thanks,

  Customer response

  02/28/2023

   
  Complaint: 19342805
  
  I am rejecting this response because, in the past week, I have received advice from a Property Maintenance contractor, I should pursue this matter legally based on what RED MUG Construction have done.

   

  Of course, it would be preferable for all to not go through this process, as I outlined several weeks ago.

   

  It has been consistently proven that RED MUG Construction do not have the knowledge, expertise, or qualified point of view to correct the work as has been demonstrated by images, explanations of alternative materials and professional work presented by another more experienced contractor who needs to be brought in to correct the erroneous work done by RED MUG Construction.

   

  Even presented with the knowledge of alternative materials and an advanced process in remodeling this space through the examples shown, RED MUG has only presented me with inadequate alternatives which mean I either:

   

  1.         pay more money to RED MUG

  2.         will not have a space up to code

  3.         will not have the bathroom agreed

   

  It is impossible to trust that they will do any work correctly or professionally based on their lack of expertise and the broken trust in the relationship. Therefore, I cannot, in good conscience accept any alternatives from RED MUG Construction. Especially when they can't even acknowledge that someone else knows how to do it correctly.

   

  When the work was halted, RED MUG adamantly stated their installation was standard process yet, have clearly not followed standard process by knowingly installing a space that is in breach of code.

   

  Additionally, in writing, they have even admitted they should have - but did not inform me their remodel would result in a space not up to code and went ahead with the work regardless, with me none the wiser as to the outcome.

   

  I asked for this $9,300 refund to be processed nearly 2 weeks ago and the replacement contractor is on hold until I can get these funds on hand to complete. I would like to emphasize that due to the situation, I do not have a fully operational bathroom as the work is not completed or correct.

   

  I would appreciate the Better Business Bureaus support and some common sense from RED MUG to resolve this by way of the partial refund of $9,300 expedited promptly and without further incident or delay.

   

  Sincerely,

   

  ***********************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩