ComplaintsforDesign by the Jonathans, LLC

• Initial Complaint

  09/27/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We hired Lana N**** of Design by the Jonathans, LLC to design a fireplace in April 2023 and made an initial payment of $822.36 for her services. We have a tricky space between two windows in a two-story living room, and we wanted someone professional get the fireplace right. We made our expectations very clear – design a fireplace and provide all measurements. Lana agreed, but as we later learnt, she never measured the space (point A to B, from window to window) and relied on some device, which as she later admitted “is inherently incorrect”. This made all her dimensions wrong. In addition, some measurements were never made and were therefore missing on the drawings she later produced. She indicated those wrong measurements on the drawing, but never told us, her clients, that her measurements are approximate. She included, for the stone installer on her drawing, a phrase all measurements "to be verified in field", but she never explained to us what this jargon, peculiar to her profession is. Importantly, she forgot to include the most important dimension -- the distance between the two windows on her drawing. We gave Lana’s documentation to a stone company, they verified all indicated dimensions, and fabricated and installed a marble fireplace, which turned out too big, due to wrong dimensions provided by Lana N****. Now the fireplace is stuck between the windows and is clearly out of proportion with the rest of the room. We had a **** meeting with the firm’s owner, Jonathan G*****, and he was very rude, but he did offer to find a stone company to fix the problem. We made multiple attempts to have him do it, but eventually, Jonathan G***** stopped responding to our emails, which only proves that this firm is absolutely unprofessional and unwilling to fix problems when they arise. We request the design firm provides a full refund for Lana's services and covers the cost of repair of existing fireplace structure.

  

  Business response

  10/06/2023

  There are quite a few inaccuracies and details that this client has continually left out of this conflict and refuses to acknowledge.  I will reply to each item line by line:
  

  *****

  
  “We hired Lana N**** of Design by the Jonathans, LLC to design a fireplace in April 2023 and made an initial payment of $822.36 for her services. We have a tricky space between two windows in a two-story living room, and we wanted someone professional get the fireplace right.”
  
  1. We take no issue with this.

   

  “We made our expectations very clear – design a fireplace and provide all measurements.”

  
  2. We agreed to design a fireplace. There was no specific agreement that we “provide all measurements” for a fabricator to build the fireplace based on the initial design alone. The design we provided was clearly labeled “Conceptual” with a note that dimensions are to be “verified in field”. 
  

  
  “Lana agreed, but as we later learnt, she never measured the space (point A to B, from window to window) and relied on some device, which as she later admitted “is inherently incorrect”. This made all her dimensions wrong.”
  

  
  3. The device in question is an **** *** running the Canvas ***** capture application, which is an industry standard in the 3D measuring of spaces.  Lana did not “admit” anything about the measurements being “inherently incorrect” – what was said is there is a variance that is assumed with each scan, usually one half of one percent.  This did not mean that her dimensions were “wrong”, and we clearly labeled the plans as “Conceptual” with a note that dimensions are to be “verified in field”.

   

  “In addition, some measurements were never made and were therefore missing on the drawings she later produced. She indicated those wrong measurements on the drawing, but never told us, her clients, that her measurements are approximate.”
  

  
  4. The measurements were taken by the Canvas app using the ****** ***** measuring system.  The drawings are also done to scale, which is indicated on every page.  The measurement between the windows was not included because the site conditions are supposed to be field verified by the installer, which is standard practice for stone installation companies.  The width of the fireplace was included, which helps demonstrate the intended placement and design to the installer.  The phrase “to be verified in field” accounts for variances in measurements versus true site conditions – this is a note for the fabricators who produce and install the end product.  Lana would not need to orally state that the measurements are approximate because it is written on the plans that dimensions are “to be verified in field” and that the plans are “conceptual”.  This is how the vast majority of plans are produced, from designers to architects.  It is an industry standard.

   

  “She included, for the stone installer on her drawing, a phrase all measurements "to be verified in field", but she never explained to us what this jargon, peculiar to her profession is. Importantly, she forgot to include the most important dimension -- the distance between the two windows on her drawing.”

  
  5. As stated, the note is for the installer – if the client was curious about the meaning of the note, all they would need to do is ask.  Regarding the distance between the windows, it is assumed that the distance would be measured on-site by the stone installer – that particular dimensions is left blank in many cases to ensure that the distance IS field-measured to avoid any issues during installation.

  
  “We gave Lana’s documentation to a stone company, they verified all indicated dimensions, and fabricated and installed a marble fireplace, which turned out too big, due to wrong dimensions provided by Lana N****.”
  

  
  6. We spoke to the stone company once this issue was brought to our attention, and they stated in no uncertain terms that they told the client that the fireplace proportions could be slightly off. As a safeguard against potential problems, most stone installers follow four steps: on-site templating, templating approval, fabrication, and installation.  On-site templating is measuring and laying out the dimensions of the piece of stone in question – for countertops they create basswood templates in the shape of a countertop, and for items like fireplaces they usually create this or set up painters tape on the wall in question.  Template approval is the process by which the fabricator asks the client – and usually, the designer – to approve the template BEFORE they begin fabrication of the pieces of stone.  Only then does the stone installer move on to fabrication and installation. In this case, according to the stone installer, the client was not interested at the time in considering the possibility of an issue or looking at the template. It appears that the client insisted, inappropriately, that the installer build directly from the plans without the benefit of an on-site template.
  

  
  There are a few additional things to note here:
  

  
  A. We are usually involved in the process through construction or fabrication/installation so that these types of issues can be found and mitigated prior to installation.  As part of the design process, we ask that clients keep us fully informed and in the loop throughout the construction or installation.  This was not done, and we only learned about an issue after the fact.  All that it would have taken was a quick phone call or email from the client or the stone fabricator/installer to bring up a potential issue – this is part of quality control.  We cannot be responsible for the results of a project when we’re cut out of the process during the most critical parts.

  
  B. Based on this process, it seems clear that one of two things happened.  The first possibility is that the stone fabricator skipped over template approval and went straight to manufacturing – I’ve never heard of this being done, but if it was done, then the stone installer would be at fault, and not my firm.  The second possibility is that the stone brought up a potential issue during template approval which the client then ignored – if this is true, then it is unfortunate, but approving the template blindly, especially without involving the designer, means that the client is responsible.  Someone approved that installation and it was not me or a member of my team.  If we had been called in and approved the template sight unseen it would be our responsibility, but this is not what happened, since we were only informed of this issue after the installation had taken place.

   

  “Now the fireplace is stuck between the windows and is clearly out of proportion with the rest of the room.”

  
  7. We showed the image of the fireplace to colleagues and other trusted friends, and they all agreed that it looks very nice and that they don’t understand the problem.  This is not to say that the client’s opinion is not valid, but the design does not indicate a professional failure.

   

  “We had a **** meeting with the firm’s owner, Jonathan G*****, and he was very rude, but he did offer to find a stone company to fix the problem.”

  
  
  8. I raised my voice because my employee and my firm are being treated unfairly, and no explanation was good enough for the client.  I did offer to put the client in touch with one of my contractors who specializes in stone repair – this offer was refused during the **** meeting.  We also offered to pay for a portion or all of the repair (also refused), but the client insisted that somehow we should be responsible for a full replacement of the fireplace.

  
  “We made multiple attempts to have him do it, but eventually, Jonathan G***** stopped responding to our emails, which only proves that this firm is absolutely unprofessional and unwilling to fix problems when they arise.”

  
  
  9. We responded to the client that “While we sympathize with you in this situation, we do not accept blame for this outcome and we will absolutely not be paying for a new fireplace surround.  We will consider (not guarantee) helping you with a fix to the existing installation as a courtesy because you are unhappy, however you did not provide a quote for a fix.
  
  You currently owe $797.62 to Design by the Jonathans for the remainder of the design fee, which you have not paid to date.  We will consider (not guarantee) applying the balance towards a fix or modification to the existing installation."
  
  The client was unable or unwilling to provide a quote, so we did not respond further.

  
  
  “We request the design firm provides a full refund for Lana's services and covers the cost of repair of existing fireplace structure.”

  
  
  10. The client did not pay for the final 50% of the design, so we’re willing to call it even on the work that Lana did.  It seems now that the client would like my firm to cover the repair, not replacement, of the fireplace surround, even though it was either they themselves or their stone installer who is responsible for approving a template without the involvement of the designer.

  
  My firm would be willing to discuss the repair again, however the client has decided to plaster the internet with particularly incendiary 1-star reviews on Google, Yelp, and Angi, as well as this complaint, which makes this a particularly hostile interaction, more so than it had been previously.

   

  *****
  
  To be clear, my firm did absolutely nothing wrong.  In short, the client apparently insisted on using the initial design we provided without appropriate confirmation of measurements or communication with the designer or installer.

  Nevertheless, because we are service-focused, we are willing to try and resolve this as follows:
  
  We will contribute $1,500 plus waive the outstanding balance of $797.62 (total value of approximately $2,300) in exchange for:
  - Permanently removing all reviews of my company, in addition to removing the BBB compliant to which I am responding;
  - Agreeing not to post any further reviews or other comments concerning my company or the project;
  - Signing a mutual release of claims.

  
  We request a prompt reply with intent so we will know how to proceed.

  
  

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