Complaints

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• Initial Complaint

  Date:12/02/2022

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I paid Blue Plum Designs a $2500 retainer for complete kitchen design drawings and guaranteed pricing on kitchen cabinets. After 15 months, Blue Plum informed me that the pricing would be increasing by about 20% and and final schematics still had not been provided. At this point, I informed them that I wanted to take my business elsewhere and asked for a refund of the retainer, since I did not receive the service that I had paid for.

  Business Response

  Date: 12/12/2022

  Hi *****,
  
  Complaint ID ********
  
  I hope all is well and I appreciate you reviewing this claim. The situation is that ******* is not being completely forthcoming with you and disclosing all the facts.

  
  There are two parts in which he is correct:
  We have been working with him and his architect (*************************) for over a year. During this time, we have had numerous meetings and quite a few revisions to the design. Meaning, dozens and dozens of hours have been spent perfecting his kitchen design. Which has been presented multiple times to him as perspectives (see attached). As for final floor plan and elevations, those cannot be produced with accuracy (field measurements required) until the home has been built. And it is to the best of my understanding that this home has not been built. Matter of fact, I dont think they have broken ground. Given that they have been working on their design for over 2 years.

  
  The second part that is also correct is that the price was going up December 1st.

  
  So basically, ******* is asking for us to guarantee 2022 pricing for 2023 products. Since the factory does not hold pricing, that would require that the kitchen to be ordered. However, I did not see how that was possible considering the home had not been built yet. As you can see in the attached architectural floor plan, we took the design to a whole new level. And even in the floor plan, the architect notes that measurements are not for construction. So how are we supposed to provide final drawings when even the architect has not provided construction drawings and the building has not been built.

  
  What he isnt mentioning, to hold the pricing, ******* wanted to move forward. Here is an excerpt from his 11/30 email.

  _________________________________
  
  

  Hi *****,
  Thank you for providing the latest perspectives, invoice,and draft contract. Please find attached my comments on the contract. I have highlighted the sections in the *** where I have attached a sticky note with my comment.
  ***** will review the drawings and confirm whether they are accurate and correct based on all our previous discussions with you.
  With regard to the invoice, would it be possible to split the payment between credit card and check (e.g., charge a certain amount to our credit card and then remit the balance of the 75% in a check)?
  I look forward to your comments. Please do not hesitate to contact us if you have any queastions.
  Best, *******
  _________________________________

  
  On on-hand, I was delighted to move forward, but on the other, the potential for issues caused by the fact that there wasnt even a building or a city planning signed-off construction plan was a huge red flag.
  

  But the point that killed the deal was that ******* wanted us to amend our contract with terms of his preference. See attached.
  

  So basically, I said that I would not agree to his seemingly no-fault terms. The way that I was reading it is after the cabinets arrived, he could claim that we were negligent ordering cabinets for a building that hadnt been constructed or from plans that are noted not for construction. And that if we didnt cover his storage expenses indefinitely, that he would cancel the order and want complete refund.
  

  In addition, any changes in design and their associated reordering of product would be on us.
  

  As you might expect, if he canceled the order, it is highly unlikely we find a new buyer for his custom blue kitchen. As a small business owner, it was too high of a risk.
  

  Since he was not willing to sign our standard contract, the order was not placed at 2022 pricing levels.
  

  As the time window passed, with the updated 2023 pricing, I did send an updated invoice that if he still wanted to move forward, with our existing contract at the new pricing levels, I could process the order.
  

  In turn, he has threatened me with a lawsuit and have gotten you involved.
  

  From my prespective, we did so much for ******* more than any other client, but he does not like to be told no. But as a small business owner, his contractual demands are scary and we could easily see that we were being setup for a host of litigation issues,
  

  In closing, the whole concept of putting money towards a design is to cover basic costs if the client decides not to order. In this case, it didnt even cover those costs. We have spent so much time and energy on this project, and from the looks of it will have to spend more when he takes us to court.

  
  Lastly, if you have any reservation about my statement of facts, I would recommend you talking to his architect *************************. ***** is a super nice guy and apologetic that he has put us in this situation.
   ************************* Mobile - ************, Email ***************************************,*******************
  411 **********************************************************                       
  

  Thanks again for your consideration.
  

  ***********************, Owner
  Cell ************