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NFT: Need advice dealing with a deck contractor

DC Gmen Fan : 8/1/2024 12:25 pm
We had a deck and patio put in last year and used a guy who did a great design for us but the workmanship was meh. I had to have him fix a crooked walkway, replace the deck rail which was shoddily put on, and gave him a lot of leeway on some other things such as extended time he needed for various reasons, (late shipment, broken saw, yadda yadda) some of the paver colors being off, etc.

He's also a giant bully in a way. Very arrogant, is never wrong. Gets hot headed etc. I had to really press the issue with the deck rail being uneven and he finally agreed to replace it.

Fast forward now 1 year later, and one of the deck rail caps I noticed is twisted, and it looks like one of the 4x4 posts inside the plastic sheathing has warped and is twisting the rail with it. It's probably not obvious unless you're looking down the length of the rail but it's there and probably getting worse.

I'm not one who likes confrontation, but I think this should be covered under the 2 year warranty. I'm very anxious about how the convo will go with him as I'm sure he will bully me into accepting it as is.

Anyone have any suggestions on how best to deal with this? What kind of leverage (other than a google review) do I have? And frankly knowing this guy I'd be afraid to leave a bad review lol

Thanks BBI
Be direct, and honest  
UConn4523 : 8/1/2024 12:30 pm : link
and assuming you agreed to all his payment terms (down payment, rest when finished) and wasn’t late on it, I’d refer to that as you holding up your end of the deal and expect him to do the same. In the end, be direct, backup it up with facts, and stand your ground.
Don't sweat it  
Shecky : 8/1/2024 12:34 pm : link
If you avoid conforntation, and he's a contractor aka bully like you said... He is going to smell that and try to take advantage.

Read the warranty, document the issues, and put it all in writing.
Anything you are unsure of, research it in advance. because he will absolutely try to tell you it's normal, not his fault, etc. Be prepared, nothing to fear.

With the info in hand, let him "explain", and just calmly reply. ANd stay firm.

Keep pointing back to the items fall under the warranty & that you expect it to be taken care of.

Don't threaten with bad reviews. He will know it, and will either care or not. At most, slightly imply you prefer not to do so and want to fix the issue the right way.

Document, document, document...
What are you worried  
pjcas18 : 8/1/2024 12:48 pm : link
about from a confrontation standpoint? It will get physical?

Sometime I will share my story about a pest control company I had treat my lawn for moles. They charged me a ton, did a shitty job and basically shoulder shrugged when I called them out for it. I left some negative yelp and google reviews and I had the president of their company call me and within two days had like 5 trucks at my house, lol. So overkill but finally some action on a poor job.

I know a contractor is probably a sole proprietor but in my area there is no more "word of mouth" business than the contractor. Bad reputations can kill a business so normally I would give someone like him a chance to make it right and if he doesn't I'd go scorched Earth online.
RE: What are you worried  
DC Gmen Fan : 8/1/2024 12:57 pm : link
In comment 16566004 pjcas18 said:
Quote:
about from a confrontation standpoint? It will get physical?

Sometime I will share my story about a pest control company I had treat my lawn for moles. They charged me a ton, did a shitty job and basically shoulder shrugged when I called them out for it. I left some negative yelp and google reviews and I had the president of their company call me and within two days had like 5 trucks at my house, lol. So overkill but finally some action on a poor job.

I know a contractor is probably a sole proprietor but in my area there is no more "word of mouth" business than the contractor. Bad reputations can kill a business so normally I would give someone like him a chance to make it right and if he doesn't I'd go scorched Earth online.


No I'm just worried that he won't do it. And I won't have much leverage to make him. It wore me down last time getting him to fix obvious problems. Here's what I'm drafting to send:

I hope things are well and you are enjoying the summer. Our patio has been great and has received many compliments.

I'm writing to you because of an issue with the deck rail, specifically, one of the 4x4 posts. The "New England" style post cap is twisted, and upon further examination, the body, including the vinyl sleeve is twisting as well. This has led to the beverage cap protruding towards the outside, and the top rail post closest to the house tilting inward.

I've attached pictures to this email as well. In accordance with the 2 year workmanship warranty on page 2 of the proposal, I would appreciate it if your team could replace or fix that deck post so the deck rail again looks straight and in line and no further protrusions or tilting of the posts will occur.

Please feel free to call or stop by to discuss.
well shit after reading the warranty info:  
DC Gmen Fan : 8/1/2024 1:03 pm : link
XYZ. will not be responsible for any manufactured product defects or warranty claims. XYZ Inc. will not be Responsible for any asserted defect which has resulted from normal wear, misuse, abuse or repair or alteration made by anyone other than an authorized XYZ Inc. representative.

Specifically, normal wear includes but is not limited to maintenance issues such as wood color, wood warping and wood shrinkage which can all be prevented / minimized by the customer / owner.


So after 1 year I'm left with a shitty looking deck rail I guess
So you have wood  
pjcas18 : 8/1/2024 1:11 pm : link
railings? not composite?

Either way, that sucks. re: warranty.

anyway, my post caps do move a little and it's by design I think.

I can adjust them myself when they move.

but I have composite railings on my deck.
The posts are pressure treated 4x4 wrapped in vinyl sleeves  
DC Gmen Fan : 8/1/2024 1:16 pm : link
.
I’d call him  
UConn4523 : 8/1/2024 1:16 pm : link
first, email second. No one likes an email of complaints.
To expand  
UConn4523 : 8/1/2024 1:19 pm : link
I’m in construction and when clients call with issues it’s always more appreciated than a lengthy email, and gives the opportunity to talk things through, decreasing the odds something is taken out of context. And construction people appreciate being direct, an email isn’t IMO.
RE: To expand  
DC Gmen Fan : 8/1/2024 1:24 pm : link
In comment 16566053 UConn4523 said:
Quote:
I’m in construction and when clients call with issues it’s always more appreciated than a lengthy email, and gives the opportunity to talk things through, decreasing the odds something is taken out of context. And construction people appreciate being direct, an email isn’t IMO.


I was always planning to call first, but above people were saying document document documents so I was gonna have that also sent as documentation
yeah I rarely  
pjcas18 : 8/1/2024 1:35 pm : link
*just* call contractors if the discussion would include anything related to work they will do or have done.

too much is not documented.

Email or text.

have a conversation, but follow it up in some way in writing otherwise things are undefined. It doesn't need to be contentious.
Yeah I’d send that after you speak with him  
UConn4523 : 8/1/2024 2:09 pm : link
or if you can’t get through to him after a couple voicemails. Document for sure, but be strategic about when you send it to him. Everyone is different but most folks in the industry I’ve worked with much rather get a call first so I’d give that a few tries before anything.
If it was me, I'd be upset (not at you)  
oghwga : 8/1/2024 2:44 pm : link
And I'd fix it. Lumber is mostly hot garbage these days and it doesn't matter where you buy it sometimes it's going to shrink and twist.

It sounds like it's nobody's fault so if you approach it that way maybe he'll share your pain. Depending on how your deck is built it should be relatively simple to replace the post. Maybe a compromise is in order like you buy the materials. Those trex post sleeves are $40-70 and the caps are under $15.
as a side note  
UConn4523 : 8/1/2024 3:43 pm : link
and adding onto Pjcas’ post, I like hiring professionals with a presence on their reviews page or social media. That tells me they care about public perception. These are the business owners who will reply to a negative review and offer to make things right. I tend to find you rarely, if ever, need to get to that point with them as they are already ahead of the customer service game.
RE: as a side note  
pjcas18 : 8/1/2024 6:15 pm : link
In comment 16566166 UConn4523 said:
Quote:
and adding onto Pjcas’ post, I like hiring professionals with a presence on their reviews page or social media. That tells me they care about public perception. These are the business owners who will reply to a negative review and offer to make things right. I tend to find you rarely, if ever, need to get to that point with them as they are already ahead of the customer service game.


to that point, I also leave positive reviews after good experiences and while I am not on social media other than here and twitter, my wife will often reply to people she sees on social media ask "who can recommend a landscaper, handyman, plumber, electrician, mechanic, etc...in our area"
RE: The posts are pressure treated 4x4 wrapped in vinyl sleeves  
gridirony : 8/1/2024 10:30 pm : link
In comment 16566046 DC Gmen Fan said:
Quote:
.
Have enough pressure treated 4X4s, and it's almost a guarantee that one of them will twist/warp.
Leave a bad review  
Fish : 8/2/2024 7:46 am : link
It won’t look good on Google or wherever you found him.
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