ComplaintsforBurke's Restoration Inc.

• Initial Complaint

  26/09/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I hired this company to complete the repairs of deficiencies left by the builder in a new condo. This company was recommended by Tarion. They provided an estimate for the work to be completed. I was informed that the work would be scheduled within 2 weeks after the deposit was received. This company requested 50% payment up-front even though, according to the information posted on their website, they normally require a 20% deposit. After they received the deposit, they attempted one aspect of the job, which was not successfully completed and was left unfinished. Subsequently, no concerns were addressed and no other work was scheduled. No materials or details were ordered. The company abandoned the project without any further communication, without completing the work or ordering the required materials, and without refunding the $12000.00 up-front payment or any portion thereof. Desired Settlement: Fair and respectful treatment. Accountability. Responsibility for their actions. Recognition of the fact that it is not an acceptable business practice to take money for promised work and then walk away with the money without doing any work. Correct the aspect of work that was attempted but not properly completed.

  Business response

  26/10/2022

  Hi

  I am looking into this complaint and will follow up.

  Gary B.

  President

  Customer response

  10/01/2023

  
  Complaint: ********
  
  I am rejecting this response because: the response is only promising to review the complaint, there is no response.
  
  Sincerely,
  
  **** ****

  Customer response

  11/01/2023

  **Update**

  Essentially, as it was outlined in the first complain, they took on a project with numerous components, including, among other things the installation of the shower floor and ordering and installing the new plumbing fixtures to replace the old ones, which are no longer in production, and it would take about 8 months for ******* to manufacture the new once.
  
  They attempted only one aspect of the project in June of last year, the installation of the shower floor with disastrous results: the epoxy grout was foaming and washing away, and the drain cover was jammed into the wet grout so that the drain is not accessible to a plumber. They eventually abandoned the project and this is when I submitted my first complaint.
  
  They came back to the job in September and assured me that all the repairs would be completed to my satisfaction, and they admitted that the wrong grout was installed incorrectly, and this was further confirmed by the manufacturer. Burke's agreed to change the floor and to order and install the plumbing fixtures.
  
  New tiles and the grout were purchased and an appointment with their tiler was booked. The night before the appointment the tiler sent an e-mail advising that the condo rules of the building did not suit him and that he will not do the job for that reason.
  
  After that Burke's changed their mind about changing the floor and asserted that there was nothing wrong with it. Eventually, after a prolonged argument and information obtained from the manufacturer, they agreed to change the floor if there were issues with workmanship. And indeed, there were such issues:
  - The drain cover was jammed into the wet grout making the drain inaccessible to a plumber;
  - The grout, according to the manufacturer was not to be used with joints larger than 1/2 inch, and not to be used with pebbles because the installation technique specified by the manufacturer is not possible with uneven edge tiles, such as pebbles. Burkes used it anyway by pouring over the pebble tiles, drowning many stones underneath the grout. The manufacturer specified that the grout cannot be used in so large quantities and could be used only with joins less than 1/2 inch and even tiles. Burkes disregarded this.
  
  In spite of this, and they promise to change the floor, they decided to rather pull out of the project leaving this mess behind. 
  
  The plumbing fixtures, which would still take 8 months to manufacture were never ordered. They offered to order them, yet said that they would not install them, contrary to their previous undertaking to complete the entire job, including installation. They provided a quote based on this and included this aspect of the work.
  
  ** ** ** ************* **** ******* ** ***** ************ **** ** ***** ** ******* ******** ******* **** *** **** **** *** **** ** ** **** ** ******* *** ********* ** ******** ***** This would include the removal of some tiles to access the valve. Four contractors have informed me that tiles must be removed to reach the area. The existing tiles are no longer available in the market, and a proper design match tile repair will not be possible afterward unless the entire enclosure is redone. 
  
  * ******* **** ******* ******** **** ***** ****** ** ******** *** **** ** *** **** *** ******** ***** * ******* ** *** ***** changing the floor, which may damage wall tiles, and changing the plumbing fixtures. Yet, Burke's has never discussed this issue openly and gave no reasons why they would agree to do all other aspects of the work but not these 2. When asked directly, they declared that they wanted to pull out completely of the contract, a year later! They are living me with more expenses than I had prior to them installing the faulty shower floor.
  
  They also wanted to charge me for the installation of the faulty shower floor but never provided itemized invoice in spite of my request. They just wanted to deduct an arbitrary amount from the deposit. They have also ignored and not acknowledged my invoices for services that I had to provide, such as cleaning services after their contractor left the common element of the building messy.
  
  Because Burke's was the only company that provided an estimate without the need to open the walls, and said that they could do it, I believe that they should do it. Also, I believe that they should take the responsibility for the faulty installation of the shower floor and replace it as they originally intended and even booked an appointment to do so.
  Essentially, I would like them to complete the entire scope of work, as they promised to do almost a year ago.
  

  Business response

  16/01/2023

  We have visited with this homeowner on numerous occasions regarding the river stone tile installed on her shower floor. We are at an impasse regarding this shower work and because of this issue, we could not move forward on other work in the condo that homeowner had previously committed to do with our company and for that reason we informed this homeowner that we would refund the balance of her deposit and if she wished we would provide her the materials previously ordered for this work and would order on her behalf the plumbing fixtures that we had sourced out to complete this other work.
  The homeowner on her own volition chose the grout for her new shower floor. The homeowner had  confirmation from the tile store where she bought the grout, “that this tile was OK to use on the shower floor” and she confirmed this information to our project manager in an email and asked him to purchase an additional tub of this grout for the job, if need be, which he did.  
  Our tile sub trade on site was also informed that the customer had chosen the grout for the tile installation and this grout would be on site for him to use. The grout that the homeowner choose is TEC Design FX and can be immersed in water applications as per the “Description” of the grout on the tub container. Based on this information the grout was applied to the stone tile and in accordance with the applicable instructions written on the tub container. Unfortunately, it was found out later that there is a spec sheet online from the manufacturer, that contradicts the manufacturers own description of the product as written on the tub container that the homeowner purchased, and that this grout should not be used on a shower floor.
  The homeowner believes that it is our responsibility to now remove and replace this tile shower floor. However, there would be no reason for our company or any other company for that matter, to do an exhaustive examination on the internet of every product a customer orders (unless application info on container raises a red flag) or second guess a customers selection of a product, especially when the customer has expertise confirmation from the supplier of the product and the instructions on the container of grout, that the product was OK to use on the shower floor.

  Customer response

  17/01/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  The information is not accurate.

  Burke's company had the ownership of the entire project and because of this the responsibility. I have selected the colour of the grout and conveyed to Burke's my preference for the colour as well as relayed the opinion of the salesperson that the grout would be suitable for the shower floor, as well as made it clear to them that I am a customer and not a grout specialist. Moreover, the salesperson instructed me to check with my contractor, which I did. I asked Burkes's if this grout would be appropriate and they, after consulting with their tile trade agreed to use it. Moreover, they have instructed me to purchase an additional amount. I believe that if they were in charge of the project it was their responsibility to check that they are using the appropriate materials.

  More importantly, the grout was not installed according to the manufacturer's instructions. It is clearly stated that it cannot be used with pebbles, with uneven edges, cannot be used with joints more than 1/2 inches. Burke's tiler used it anyway. It is my opinion that if he was not familiar with the product, he should either familiarize himself with the instructions, or not to work with it and state that he is not familiar, and definitely not instruct to purchase more. The project manager and the tiler had an opportunity to select other type of grout prior to the purchase but they approved this grour as suitable. Also, they jammed the drain cover into the wet grout and now the drain is not accessible to a plumber. I hope Burke's is not going to blame their customer for this also. 

  As for the other aspects of the job, Burke's was holding 12K deposit for almost a year. They did not refund it as of today. They were also to order the plumbing fixtures a year ago. They did not. It would take about 6-8 months to manufacture the fixtures and the order is long overdue. I would very much like Burke's to order the fixture on the full understanding that they have to also install them. There is no connection between the shower floor and installation of the plumbing fixtures. It does not make any sense that because of the disagreement about the shower floor they would be released from the obligation to complete the project. I do not have a usable bathroom for a year because of the delays caused by Burkes's. They were contracted to do the work and their offer to give me construction materials instead is not acceptable. ** ******** ** *** ******** * ***** **** * ******* ** ***** *** ** ********** *** **** ** **** **** ****** *** ****** *** ***** **** **** ** *** **** *** *** I believe that Burke's needs not only purchase construction materials and take responsibility for that but also provide labor and expertise. This what they were contracted to do and walking out of the entire project a year later while retaining 12K deposit, and blaming the customer for a failed single aspect of the contract is not acceptable. I also think is also not acceptable to use the disagreement about the shower floor as an excuse for not installing the plumbing fixtures.

  It is also of note that originally Burke's did recognize that the shower floor was not functional, it was foaming and washing away. They agreed to correct their error and booked an appointment for re-tiling. I have purchased the tiles and they have informed me that they purchased the grout for this work. The appointment was cancelled on a very short notice after their tiler sent an e-mail that condo rules do not suit them (this project is in a condo an Burke's were aware of the condo rules and regulations when giving the estimate). Following their tiler refusal to come to work, Burke's justified their tiler's refusal to work by antipathy of the tiler for me. Subsequently Burke's claimed that there was nothing wrong with the floor and that it was functional. Then they started blaming their customer for the selection of the materials even though I believe that suitability of the materials was their responsibility to verify and to advise. Moreover, they do not take responsibility for the faulty workmanship, such as not applying the grout according to the manufacturer's instructions and for covering the drain cover with grout so that the plumber cannot access it. 

  Nevertheless, as it is stated above, I do not think Burke's should walk out of the contract at this time and offer me a pile of construction materials instead. They had this project on hold for almost a year, did not order for almost a year the necessary plumbing fixtures which which will still take a months to manufacture, and all this time I had to live without a fully functioning bathroom. They also have not returned the deposit of 12K. I would like Burke's to order the materials and to complete the project as they were contracted to do in accordance with the estimate that they provided almost a year ago.
  
  Sincerely,
  
  **** **** 

  **Update**

  The shower floor was installed in June of last year. This is a small component of the contract and the only component of the entire project that Burke's has attempted. After installing the shower floor Burke's disappeared and was not responding to phone calls and e-mails until they came back to work in September, and promised to complete the project to my satisfaction.
  
  The appointment to change the shower floor was made but canceled the night before the appointment day in December. No other work was accomplished for almost a year since Burke's received a $12,000 deposit, which is still not refunded as of today.
  
  Why Burke's is changing their mind about changing the shower floor and pulling out of the entire project in January? They knew perfectly well what was done in June of last year. They also knew about what was done in September when they promised to complete the project to my satisfaction but the actual appointment was not arranged until December.
  
  For all that time I was living without a fully usable bathroom, while they were holding $12000.00. And only now they are informing me of their decision not to do the project and not to change the floor. How this erratic behaviour could be compatible with good business practices?
  

  
  

  Business response

  30/01/2023

  Hello ****

  As discussed with you previously, in my response to your complaint and also with numerous emails and site visits to your condo regarding this matter, I will state the following.

  Please do not embellish your statements regarding the propriety of the work at your condo in order to try and slander the name of our company. It was YOUR decision to visit and contract the tile company where YOU selected the tile floor and grout for your bathroom. You made this decision on your own without any input from our company, except to inquire of us," do I have the right amount of this grout to complete the floor" All the information provided to you by your tile supplier was passed on to us by YOU in an email from YOUR tile supplier that stated the grout was OK for the shower floor installation, as did the information printed on the tile container on the use of the product. The tile product was applied as per those instructions on the container. Unfortunately, as I stated to you on numerous occasions, the manufacturers directions on the grout container differ from the product directions found online. You are very well aware of this situation and that is the reason that you have once again, SELECTED ON YOUR OWN a new tile and a new grout for your shower.

  I would ask you please to refrain, from any further exaggerated account of the tile floor installation in your condo..........thank you

   

  Business response

  31/01/2023

  Hi

  A full refund has been sent and I'm sure by now recieved as it was sent 10 days ago. This client will never be satisfied and if these complaints persist,  Burkes Restoration will seek legal councel and options.

  We will not be completing any further repairs.  

  We have done everything to retify the situation but the homeonwer will not move on to another contractor. 

  Gary B.

  President  ************

  Customer response

  31/01/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  I would not count Mr. B.'s statement as a response, at least it is not an appropriate response because:
  
  - it is not factual;
  -it does not address any of the issues listed in my complaint;
  and
  -it is simply dismissive ("this customer will never be satisfied"), and therefore disrespectful.

  The response lacks specificity and uses over-generalizations instead  ("this customer will be never satisfied"). The response is aggressive in tone, i.e. Mr. B. attempts to dismiss the complaint and uses intimidation to silence the customer's complaint ("we will seek legal counselor if the complaints persist").
  
  First of all, I would like to address his dismissive over-generalizing statement "this customer will be never satisfied". It begs clarification and specificity: "Satisfied with what?" 
  
  And should I be satisfied with what Burke's has done? Would an average customer be satisfied with a non-functional shower floor and an inaccessible drain? Satisfied with an absent bathroom for a year? With the fact that Burke's retained a deposit of $12,000 for almost a year and did not do any work except the unsatisfactory attempt to install the shower floor, which is now disintegrating, and did not order any parts which are necessary for the repairs? Should I be satisfied that after almost a year of me living without the bathroom, Burke's abandoned the project and left dirty cardboard and garbage behind? Should I find satisfaction in living without a bathroom for a year and in my property remaining in a non-rentable condition resulting in a financial loss? 
  
  If Mr. Gary B. believes that customers should be satisfied with all of the above, I would question his ability to run a restoration business and I would ask the BBB to make my complaint public and to display the company's response to this complaint, as Mr. B.'s response raises serious concerns about this company's business practices. 
  
  To address Mr. B.s suggestion to find another contractor, there are two impeding factors here:
  
  First of all, I believe that Burke's should take responsibility for their own work with respect to the shower floor, as according to Burke's, the demolition and re-installation of the shower floor would be expensive. So Burke's is leaving me with more expenses than there were before they started the work. 
  
  Secondly, Burke's provided an estimate for this project to Tarion, and they were paid by Tarion to do so. I accepted a cash settlement from Tarion on the understanding that Burke's will do this work for the amount specified in their own estimate.
  
  Unfortunately, their estimate did not prove adequate to attract any other contractor. I believe that if Burke's made an honest mistake in providing an unrealistic low estimate they should take the responsibility for that also and complete the work for that price. 

  In addition, I am requesting from Burke's an itemized invoice and account statement indicating a refund. I have received a check from them last week for $10,785. This check is not labeled as a refund and it is not clear why the refund was partial. Also, Burke's did not paid my invoices for cleaning common element of the condo which they left dirty etc. 

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

  Customer response

  01/02/2023

  I just sent a response to the business but in reviewing the history I saw that I missed a part of their response from January 30. In that respect, I would just say that this response is also not acceptable. Mainly, because it does not address the subject of my complaint. The complaint should not be reduced to the grout selection, and this is what Mr. B.is trying to do instead of addressing the real issue of concern. I would prefer not to talk about the grout at all because this is just a distraction from the main issue but I will touch on Mr. B.'s factual mistakes.
  
  The main issue is that Burke's was not doing the work and not ordering the parts for about a year while retaining a $12,000 deposit and then they abandoned the project.
  
  Burkes provided an estimate in February 2022 and I accepted this estimate on the understanding that they will do the work for this price. Burkes took on the project. We discussed it in March. We had a verbal agreement for them to start the work two weeks after receiving the deposit and order the necessary parts. Contrary to that, the first (and only) appointment was booked in late June for the shower floor installation which failed. After that Burke's disappeared and stopped responding to phone calls and e-mails while retaining a $12,000 deposit. They returned to work in September promising to complete the work to my satisfaction. The plumbing fixtures that were supposed to be ordered in March were still not ordered at that time. The actual appointment to re-install the shower floor was booked only in  December. The night before the appointment Burke's canceled the appointment and changed their mind about proceeding with the work. No parts were ordered. Burke's walked out of the contract without taking any responsibility for their work or for their estimate, or for the expenses incurred by them while installing the shower floor. 
  
  This is what my complaint is about and this was not addressed in Mr. B.'s response. All of the above has nothing to do with the grout selection.
  
  The installation of the shower floor was only a minor component of the project and my complaint should not be reduced to that and even less so it should be reduced to the grout selection issue. 
  
  As for the grout, Mr. B.'s response is factually incorrect. I do not have any supplier of the tiles or grout. I went to the store to look for the available colors and textures and obtained samples and spoke to several salespersons on several occasions who thought my choices would be OK and advised me to check with my contractor. Burke's had full ownership of the project and Burke's approved my preferred grout selection and requested to purchase an additional quantity. I also paid 1/2 of the price of the grout and Burke's paid for the other half. I thought this would be fair because the price of this grout exceeded their estimate. It is the contractor's responsibility, I believe, to ensure that the appropriate materials were used. (And for the record, I have never exchanged any e-mails with any salespersons contrary to Mr. B.'s statement, and do not even know their names).
  
  In his response, Mr. B. is ignoring the workmanship problems with the application. Namely, the grout should not have been used with pebbles, and they did that, it should not have been used with joints exceeding 1/2 inch, and they did that. It should not have been diluted and they did that. And finally, the drain cover should have not been jammed into the wet grout, and they did that.
  
  All this information is printed right on the container, but their tiler's sub-contactor did not read it, obviously. Their tiler's work subcontractor did not spend any time reading and they were in a rush to finish the job in 20 minutes.  If they were not familiar with the product, they should not have used it or at least read the instructions. (Well, not jamming the drain into the wet grout was not printed on the container but a competent tiler should know that.) The inaccessible drain is now creating a potential risk should the water back up.
  
  In summary, in his answer, Mr. B. is distorting the facts, he is accusing the customer ("you are exaggerating") instead of taking the responsibility for their faulty workmanship, and most importantly, he is attempting to reduce the scope of the complaint to the grout selection issue. And this is highly objectionable.
  
  My complaint is about agreeing to do the work for the estimated price, not doing the work for about a year, except for attempting to do only one small component and failing to do it properly. It is about not taking any responsibility for their work. It is about abandoning the project a year later and leaving garbage behind. It is also about accepting payment from Tarion for providing an estimate and providing a low estimate that would not attract any other contractor yet failing to complete the work for the price of their own estimate. It is these issues that I would like Mr. B. to address.
  
  I also would like them to accept the responsibility for their work and their estimate and complete their work as they promised to do a year ago. I believe that grout selection should not be used as an excuse for walking out of the contract a year later leaving behind garbage and destruction. 
  
  Thank you!
  **** ****

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