Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:06/22/2023

  Type:Service or Repair 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.

  Background:On Nov. 11, 2022, I signed an agreement with **************** to install carpeting in our theater room (Invoice Attached). In good faith, I paid him the entire amount of the agreement even before any material was delivered or any labor incurred. When the time came to install the carpet in 2023, Herberts crew noticed there were issues with how the theater room was constructed that was impacting the carpet installation. I decided to hold off on the installation in order to correct the problems. After correcting a majority of the problems, Herberts crew came to install the carpeting. Unfortunately, there was another problem that needed be corrected before carpet install, so I corrected that problem. Herbert then had one of his crew members come out on a Saturday to install the carpet. Unfortunately, the person who came out did not know how to seam the carpet properly and install the tack strip straight. Since the tack strip was not straight, the carpet did not fit properly against the baseboard. Because of the problems he was having with the seams, he did not want to finish the job and quit for the day.Herberts crew than came back and then noticed they did not have enough carpet pad, so the project had to be rescheduled again. Herberts crew then came back to finish the job, and I mentioned to the installer the concerns I had with how the carpet looked along the baseboards. His new installer then told me the previous installer did not install the tack strips correctly which was causing the problem.I contacted Herbert, and he came out to look at the issues. He told me it was not the tack strip that was causing the problem, but the baseboards were installed incorrectly.In the meantime, I also contracted Herbert to install Vinyl flooring in the lower level of the basement (Invoice attached). In that agreement, the project entailed installing new vinyl flooring starting from the bottom of the basement stairs to the existing bathroom vinyl that was located at the end of the basement hall (All Lower Level Per Agreement). As I did before and in good faith, I paid for all materials and labor up front. When installation of the vinyl flooring started, I pointed out to the installer to make sure the vinyl in the hall aligned correctly with the vinyl that was already in the bathroom. Because the layout of the vinyl in the hall was not going to align with the vinyl in the bathroom, the bathroom flooring had to be ripped out and re done.I agreed with the installer this had to be done for alignment purposes, so he ripped out the flooring and re-did the bathroom.Lastly, the vinyl flooring project included installing quarter round along the baseboard as well as the purchasing of the quarter round. I told them to hold off on installing the quarter round, because I needed to paint those pieces first.Dispute Issues:1)I am not happy with how the carpet is butting up against the baseboards in the theater room (Picture Attached). I have at least four people stating the tack strip is the problem (Even one of his own crew stated this). Herbert insists (and probably will mention again in his response) the baseboards were installed incorrectly, because there is no gap between the floor and the bottom of the baseboard. After further research and articles I read, it is personal preference to where the height of the bottom of the baseboard can be, so he cannot use the height of the baseboard as an excuse. The other potential problem is the carpet may be cut to short and that was stated by Herbert and another flooring expert which might prevent the fixing of the bad carpet job along the baseboard.2)Herbert is now wanting an extra $300/350 compensation for the ripping out and the reinstallation of the bathroom floor. After further thought and looking at the contract, I should not have to pay for that extra cost, since the contract states VLT lower level which the bathroom is on the lower level as well as him knowing prior to installation the vinyl needed to tie into the Bathroom. Also, there was never a change order agreed upon for that extra cost of the bathroom. Now, he is forcing me to accept this cost before the fix to the carpeting can take place and the finishing of the installation of the quarter round. The sad reality is Herbert tried to hide this extra bathroom cost in another bid that he provided us which we later called him out on. Bottom line is Herbert is moving the goal posts on the original vinyl flooring agreement to suit his needs.3)Herbert is now holding me hostage by not fixing the carpet issues until I pay for his perceived extra costs for the bathroom. 4)Herbert is also not finishing the installation of the quarter round until I pay for his perceived extra costs for the bathroom which is violating the agreement.5)Herberts crew cut the carpeting on the bottom of the stair, so now half the step has carpeting and the other half is the exposed wood of the stair. He has never agreed to fix that issue until I pay the $350 price that he is demanding before any corrections will take place.To sum this up, I paid Herbert all money up front and now he will not finish the job until I pay him more money in which there is no indication that the bathroom cost was not included in the original agreement as well as there is no change order that I agreed to that amount. All I am seeking is for the carpet issues to be fixed if possible. If not, then I will want new carpet for the mistake of cutting the carpet to short and the reinstallation of carpet if necessary. I also want the quarter round installed.Finally, there are numerous reasons to why I am not paying the extra $350 but mainly I could be out over a thousand dollars if the bad carpet job cannot be fixed. Why would any rational person pay any more money without any guarantees the existing carpet issues will be resolved as well as the completion of the installation of the quarter round?

  Business Response

  Date: 07/13/2023

  The theatre room was purchased on invoice H16801982.  Dated 11/11/2022. The company responsible for this material and installation is Herberts Workroom101 / ************. The contact person for Herberts Workroom 101 / ************ is *****************, owner.  All warranties and terms and conditions express or implied are under the ownership of Herberts Workroom101 / ************. Please contact them directly for remedy. 

  Concerning Invoice ****, Herbert Design Consultants which I am the owner / President. Dated 05/30/2023. My subcontractor BCG Flooring contracted with me to install vinyl flooring in the hallway area into lower area of home (see attached) invoice. He also provided 1/4 round to be placed over the new flooring. The customer instructed him to add the bathroom to the scope of work. Which included lacing in the new floor to the existing bathroom floor. This also including removing a toilet and reinstallation of existing toilet. BCG Flooring gave me installation bill for additional $350.00. This additional charge was added to the Invoice ****. The customer also instructed my BCG Flooring to remove carpet on stairs in perpetration for vinyl flooring to be added to the staircase (see attached picture). The 1/4 round that was purchased for the hallway vinyl flooring was never installed. The customer elected to match the upper level molding the home builder use. I deducted $50.00 to the customer to replace with his own. The balance due for the additional labor charged by BCG Flooring is $300.00. I have made a decision to waive the additional trip charges and the $300.00. The balance owed by the the customer is zero. Here are my "Terms & Conditions" the customer agreed to:

  ******************** TERMS AND CONDITIONS
  All measurements by Herbert Rempel Design Consultants are approximate. In the event of miscalculations, by either party, in arriving at the quantity of materials to be furnished, such miscalculations and any additional materials required as a result of the miscalculation shall be prepaid for by the purchaser in addition to the contracted price.
  All materials are special ordered. Contract is non-cancelable and non-refundable. Before cutting or installation of materials, check to verify that contract goods are what you have ordered and are free of visible defects. Claims cannot be made after materials have been cut or installed.
  Herbert Rempel Design Consultants shall not be liable for any delays in delivery of materials.
  All materials are guaranteed only to the extent of manufacturers guarantee. No other warranties expressed
  or implied are given.
  Payment of this invoice constitutes acceptance of the same.
  In the event it becomes necessary for Herbert Rempel Design Consultants to employ an attorney for the
  purpose of enforcing the terms hereof, the purchaser agrees to pay all cost of legal proceedings and all reasonable attorney fees. ?
  DIRECT LABOR AGREEMENT
  At the request of the purchaser and in consideration of the purchasers acceptance and acknowledgement of the limitations and condition herein, Herbert Rempel Design Consultants may have identified an installer who will directly charge the purchaser for installation of merchandise purchased from Herbert Rempel Design Consultants, The purchaser, specifically understands and acknowledges that the installation of any merchandise sold by Herbert Rempel Design Consultants will be undertaken as a separate transaction, independently transacted and negotiated between the purchaser and that installer. This understanding and acknowledgement extends to the transportation of the merchandise by such installer.
  Accordingly, the purchaser understands that Herbert Rempel Design Consultants bears no responsibility and assumes no liability for defects in the workmanship or for any other dereliction of duty arising out of or related to the installation and/or transportation of the merchandise. Further, the purchaser acknowledges his understanding that the remedies for such defects of dereliction shall be solely against the installer and/or transporter and not against Herbert Rempel Design Consultants and that disclaimer shall apply even though Herbert Rempel Design Consultants may have introduced the purchaser to the installer and/or transporter. ?
  LABOR CLARIFICATIONS AND EXCLUSIONS
  The above labor estimates are based upon market rates among skilled professional installers as of the date of this estimate/invoice. The rates may change based upon the availability of specific installers at the time of installation.
  Unless noted above, we have assumed minimum floor/surface preparation the appropriate installer will charge for any floor/surface preparation beyond this minimum.
  If carpet is installed, no stringers, spindles or stair side upholstery have been figured unless otherwise noted above.
  Carpet installer will remove major scraps of carpet but is not required to vacuum after installation. Minor touch-*** of paint, wood base, etc. may be required after completion of installation and, if minor, is not considered an installation quality issue.
  It is the customers responsibility to move all small and/or breakable items, electronics and computers in the areas where the work is to be performed.
  Herbert Rempel Design Consultants 1 2023

  Customer Answer

  Date: 07/18/2023

   
  Complaint: 20220404
  
  I am rejecting this response because:

  Unfortunately, Mr. ********************** is leaving out pertinent information regarding the home theater carpet and lower level vinyl flooring installation and continues to be non-responsive to my concerns.

  That being said, I will address Mr. **********************s erroneous statements and provide evidence contradicting his BBB response.

  In regards to invoice H16801982 (the carpet in the theater room),this invoice/agreement was between Herberts Workroom 101/************ and myself.  ******** Mr. ********************** and his new company assumed responsibility for fixing/replacing the carpeting in the theater room.  In an email chain dated June 19th,Mr. ********************** made numerous references to fixing the carpet in the theater room:

  As we agreed last week, we were going to come back out to do a carpet repair on July 14th.After payment is received we will proceed forward with the carpet repair and the installation quarter roundBaltazar is schedule on July 14th to install your quarter round and make carpet necessary repairs as required.I am requesting to make the necessary repairs and have ******** to finish the quarter round installation in hallwayBaltazar is schedule for repair on July 14th to make the edge in front of the speakers to look better, which I believe he can do for you. You should allow him to repair and remedy the problem. If you dont allow him to repair or at least try to remedy this situation it will be on you.
  

  Please note the email chain is using Mr. **********************s letter head which states Herbert Rempel Design Consultants and not Herberts workroom 101/************.
  The other interesting thing to note is that in the above email chain, Mr. ********************** states, After payment is received, we will proceed forward with the carpet repair and installation of the quarter round. 

  This email correspondence clearly demonstrates that Mr. ********************** is taking responsibility for the carpet repairs in the theater room.  At one point, he even states, you should allow him to repair or at least try to remedy this situation or it will be on you.  The sad reality is I am trying to give Mr. ********************** and the carpet contractor the opportunity to fix the issue, but Mr. ********************** is now taking back his offer to have the carpet fixed.

  The payment he is referring to is the $300 that he said I owed for installation of the *** in the bathroom.  ******** if Mr. ********************** is now saying that he
  has nothing to do with the theater carpet installation, why was he using the carpet issue as leverage to get me to pay the $300 for the vinyl flooring? If
  he had no responsibility for the carpet, as he now claims, then he should have just simply referred me to the contact at Herberts Workroom 101/The Bindery for
  resolution of the theater carpet issue.

  In conclusion, and pertaining to the basement theater room carpet issue, Mr. ********************** has taken back his offer to have the carpet fixed and continues to blame the carpet issues on the installation of the baseboards being too low which is not the case at all.   The reality of the situation is I had three different carpet contractors opinions and even Mr. ********************** admitted verbally  the carpeting was cut too short which is causing the carpet issue.  Again,the problem pertaining to the poor carpet workmanship is not the baseboards.

  Resolution: At this time, I am asking Mr. **********************s contractor to fix the carpeting in the theater room and if the carpet cannot be repaired to my satisfaction, I would like new carpeting installed.

  In regards to Invoice ****, this invoice pertains to the installation of the vinyl flooring in the basement.  I would like to address his response, and I have some of my own comments to interject.
  

  1) The invoice I provided was between Herberts Design Consultants and myself.I never had a contract/agreement with BCG Flooring, so I do not know the terms of their agreement.
  2)It is important to understand the lower area of the home referenced in an email consists of the basement hallway, closet, and bathroom.For whatever reason, Mr. ********************** is conveniently leaving out the bathroom.
  3)With Emphasis:Per the invoice, the vinyl flooring project included 357 sq. ft. of vinyl material.The only way to get to ******* sq. ft. number was to include the bathroom.If the bathroom was not included, why did we have enough materials?
  

  With that being said, it is also important to point out we have an entire box of vinyl left over.  Why would Mr. ********************** include all materials (including the bathroom) but not include the cost of the bathroom installation in the invoice?  I never had an invoice before where all materials were included yet only some of the installation cost was included. 
  

  If the materials of the bathroom were included in the original scope of work which was proven above, then any normal person would assume the installation cost of the bathroom would also be covered. 
  
  Lastly, I would like to point out an independent third party would easily prove the bathroom was included in the original invoice, and I challenge Mr. ********************** to meet me with and independent party to verify the square footage on the invoice did include the bathroom.  My hunch is Mr. ********************** already knows this, but he is trying to get more money out of me and my family.

  4)I would never have instructed the contractor to add the scope of the bathroom to a separate invoice if the bathroom was already included in the original invoice.  If there was a change to the scope of work, there should have been a change order.  In my case, there was never a change order given to me.  It is unethical to spring a $350.00 charge on someone without giving them the opportunity to either accept or reject that charge.
  5)In regards to now charging for the removal and reinstallation of the toilet, that is a ludicrous extra add on cost.If the installation of the vinyl flooring was included in the invoice (which it was), the only way to have installed the vinyl flooring in the bathroom correctly would have been to remove the toilet and then put it back on.The toilet cost should have been included in the original installation bid.Any normal person would have expected the toilet costs to be included in order to properly and completely finish the installation of the vinyl.If the toilet costs were not included, that should have been notated on the original invoice/agreement.
  6)It is important to note there were two workers averaging over $67.00 HR for approx. 8 HRS of work.This was not a cheap installation cost.If I add another $350.00, the workers hourly wage would be higher.Sadly, I do not even make close to that hourly wage.
  7)I never gave instructions to the contractor to remove the carpeting on the stairs, since the carpeting is still on the stairs (See Attached).At the time of vinyl installation of the lower level, I never had a contract with Mr. ********************** to put vinyl flooring on the stairs.Yes, we did discuss it, but there was never any contract.
  
  In regards to the cut carpet on the stair,why would I tell the contractor to cut the carpet in the middle of the stair?  That makes absolutely no sense when they could have just cut the carpet at the bottom of stair which would have left a finished look.
  8)In regards to the quarter round, the contractor brought the wrong style quarter round, so I did not want them to install the quarter round as well as I still needed to paint the quarter round before installation.
  
  With Emphasis: The quarter round installation was never completed which is a Breach of Contract.  The quarter round installation either needs to be installed, or we need to agree upon a refund.
  9)I do not owe Mr. ********************** $300.00 for installation due to the above reasons.Also, it does not make any sense that he is graciously waiving any additional trip charges for the vinyl floor installation, since his contractor was only there once.
  
  At this point in time, all Mr. ********************** is trying to do is to make himself look like he is trying to work with me and make it look like he is waiving everything which ultimately benefits him.  While in reality, I am out the damage of the carpet to the stairs, and the quarter round has not been installed.  Both those items are way more than the $300.00 that Mr. ********************** is so graciously willing to let go. 
  
  Lastly, one should question Mr. **********************s intentions/character when he originally tried to hide this fictional $300.00 cost in a future bid.  If Mr. ********************** thought the extra installation cost was a valid charge, he would not have tried to hide that cost.I believe an action like this negatively impacts Mr. **********************s credibility in anything he says or does.
  

  In conclusion, I do not owe Mr. ********************** any money for the installation of the vinyl flooring in the lower level bathroom.  Per the original invoice square footage, the bathroom material and installation cost were already included.  I paid him 100% up front, so there is no more cost owed to him.  At this time, I am requesting Mr. ********************** to install the quarter round or give me an agreed upon credit and re-carpet the stairs or an agreed upon credit.
  

  If he does not agree to this terms, I would like to setup BBB arbitration, and let an arbitrator decide who is wrong or right.  I also would like to have the arbitrator decide who will pay the arbitration cost.  If I am found to be completely wrong in this dispute, I would be more than willing to pay 100% arbitration cost, and I would expect Mr. ********************** to do the same if he is wrong. 
  

  I believe arbitration would serve both parties in this situation especially if the losing party has to pay arbitration costs.

   

   

  
  
  Sincerely,
  
  ***********************

  Business Response

  Date: 07/28/2023

  Spoke with the subcontractor BCG Flooring. He would like to schedule a time to install the customer molding (customer is supplying) and repair carpet edge in theater room. Customer has not responded. 

  Customer Answer

  Date: 08/02/2023

   
  Complaint: 20220404
  
  I am rejecting this response because:Mr. ********************** is twisting the truth regarding that I am not responding to him.  He emailed me on Friday July 28th.  I sent him a brief email on Sunday stating I would respond to him on Aug. 1 which was yesterday.  I have attached the email stating I am trying to resolve this issue to prove Mr. **********************'s word can not be trusted.  Why he stated I am not responding is to only make me look bad which is very unfortunate.

  At this time, Mr. ********************** has stated  he would install the quarter round and try to fix the carpet in the theater room on Aug. 14.  However, we have not come to an agreement on how to handle the damaged carpeting on the lower stairs.  He keeps insisting that I told his contractor to cut the carpet in the middle of the stair which I did not.  At this time, my issues are still outstanding, and I do not feel comfortable closing this complaint until all work and repairs are completed.  There is potentially a lot of money I could be out if the repairs to the theater room and stair carpet can not be fixed.
  

  That being said, we have made some progress on trying to resolve this issue, and I thank the BBB for their assistance in this matter.  For the record, I am giving Mr. ********************** every opportunity to resolve my concerns.
  
  Sincerely,
  
  ***********************

  Business Response

  Date: 08/15/2023

  On Monday 08/14/2023 BCG Flooring, ********************************* repaired and completed installation. *********************** approved the final repair and installation. *********************** approved final payment to be paid via email 08/15/2023. This case is closed.  No further action will be done.
  

  Herbert Rempel

  Herbert Rempel Design Consultants

  Customer Answer

  Date: 08/15/2023

   
  Complaint: 20220404
  
  I am rejecting this response because: I disagree with the statement No further action will be done.  I agree, at this time, all work has been performed, and I made a final payment to the work agreed upon.  Theoretically, I guess you can say the case is closed. That being said and I want to make it clear that I will not relinquish any future warranty issues that I can pursue either with ****** Rempel or ******** if issues do arise.

  At this time, I am in agreement with closing the case.  It is extremely disappointing what it took to get this issued resolved, and the hoops we had to jump through.  I do what to thank the BBB for their efforts in resolving this dispute...thank you
  

   

   

   

  On Monday 08/14/2023 BCG Flooring, ********************************* repaired and
  completed installation. *********************** approved the final repair and
  installation. *********************** approved final payment to be paid via email
  08/15/2023. This case is closed.  No further action will be done.
  
  Sincerely,
  
  ***********************