ComplaintsforClem1 Services, LLC

• Initial Complaint

  05/20/2024

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  Work quality is insufficient for the bathroom to be functional. Contractor refuses to forgive remaining balance and refund a portion of the amount paid to partially fund repairs. Seeking a waiver of the balance due and a refund of $1,500

  Business response

  05/28/2024

  In regards to your email, ***** told me before we gave her a quote that the new tub was the exact same dimensions as the original tub and the only difference was that it was going to be a jacuzzi style tub. This is false. I told **** that the plan was for a Jacuzzi tub and asked what size would fit in the space. **** told me a 32 inch tub would be too big but a 30 inch tub would be OK so that is what I purchased. As for any of the other tub measurements, these were not at all discussed.You are correct in the actual SIZE OF TUB. However, the dimensions of the drainage were NOT the same as the original tub. Your original tub had 2 inches from the front of the tub to the drain where your new tub was 4.5 inches from the front of the tub to the drain. Therefore that is why the downstairs ceiling had to be cut, to make room to install the "P" trap on the new tub. You said you were getting the exact same dimensions as the original tub. Therefore ALL dimensions should've been the same.When the tub finally arrived 3 days into the project, it was determined that the dimensions were not in fact the same and the front wall would have to be removed to make the tub fit into the space properly. Please note **** was well aware that the items from ******** for the bathroom were being shipped and had not arrived at the start of the project.I was informed Monday when arriving on site that the tub would be delivered Wednesday and the vanity Thursday.Since the wall had to be removed, it had to be repaired. Therefore, I had to fix your son’s closet (finish & paint). Please note that the copper pipe plumbing behind the wall in the bedroom closet was replaced by **** and subsequently leaked.Please note that myself and at least 2 other individuals that helped on this project all can verify that there were no active leaks present and therefore the wall was put back up.Also, in order to connect plumbing to the new tub, an area in the downstairs ceiling had to be cut out where I had to cut the plumbing to the garage wall to make sure I had enough room for a P Trap. I had to put in all new plumbing which was an added expense that was not included in the original estimate and ***** was informed at that time. ***** also told me that when she purchased the tub the overflow drain was $140. This is false. I don't even know what an overflow drain is and certainly did not provide a price point for this item to ****.So what you are telling me that you don't know what an OVERFLOW drain is? It's in literally every tub and sink in bathrooms. It is there so that if you fill the tub or sink too high it wont OVERFLOW onto the bathroom floor but instead drain out into the OVERFLOW. Hence the name. When I asked where the overflow was you stated that it was $140 and you did not have it.This is not considered traditional plumbing as this should’ve been included with the tub. Please note, ********, a local bath supply store, ordered all of the parts for the bathroom per their expertise.Please note that if ******** had supplied you with all parts for the tub to be installed, they would've included the OVERFLOW drain. However since they did not (or you did not ask them to include any plumbing) I had to go to ******** and buy the very last one that they had in stock. (NOT TRADITIONAL PLUMBING AS IT IS A SPECIALTY PART FOR YOUR SPECIALTY TUB)I had to go get a special drain to make it work and the cost was not included in the original estimate. Once the plumbing was completed, I had to put drywall back into the ceiling, finish it, texture and paint that area to make it blend back into the original ceiling. This was an additional $50 for material that was not included and labor intensive.I also informed ***** about how the plumbing was right where the left light box had to go which resulted in having to move the water lines to make this work. This was an additional $120 in materials and again labor intensive that was not included in the original estimate.You originally wanted a smooth transition from the bathroom to the hallway and at the end of the project you changed your mind and wanted the original marble slab reinstalled.Please note there was never a smooth transition installed. The unfinished part of the floor was left showing and should water collect in the bathroom. It would have drained right out into the hall and all of the bedrooms.Please note that you are correct, a smooth transition was not installed. If you read what I wrote, I stated that you originally WANTED  a smooth transition. Therefore the floor was cut and placed for the smooth transition. When you couldn't find one you liked, you asked for the original marble slab to be installed which required taking some of the floor up at the doorway entrance to make the marble transition work. I had to scrape the back of the marble slab to get all the original glue/cement off and when I told ***** (your husband) that I couldn't get it all off, he said do the best you can. Even if there was a smooth transition installed, if the bathroom flooded your hallway and bedrooms could've potentially gotten wet.This required replacing and grinding floor tiles to make this possible. The floor was put in with the idea that the transition would be new and a certain thickness. Since we used the old material, it took more work to make it possible. This was additional work/labor that was not included in the original estimate.During the project you also asked if I could install a new exhaust fan in the master bathroom. On the final day of the main bathroom project, I went into the attic and removed the old fan and housing for you and went to install the new fan for you. However, you did not purchase the correct size fan for the existing space so I could not complete that. This is an additional expense that was not included in the original estimate.Please note that on climbing into the attic and beginning to work for a new fan, you cut the space larger and in fact the fan we bought can be installed, but now because the space is too large we will need a smaller space and new drywall has to be installed along with painting costing us over $500 to another contractorI absolutely did NOT cut any drywall in the master bathroom ceiling! I was in the attic for a total of maybe 10 minutes to get the original fan disconnected and out of the ceiling to replace it with the fan that was purchased by you or your husband. Your husband texted me and stated he "thinks" its a 12x12 hole. Therefore you/he bought a 8 1/4 and 8 3/4 replacement fan with a 12x12 cover. In fact if he had taken the cover off the original fan to see the actual housing and hole for the fan, he would've been able to get the correct measurements. You purchased a fan that had a housing of 8 1/4 by 8 3/4 so therefore it would NOT work as the housing was too small for the space. Upon removing the fan and taking the new fan out of the box it was immediately noted that the new fan would not work. I immediately contacted your husband (per your request as you were at an appointment) and I told him that the new fan was too small and that a larger one would have to be purchased for me to complete that part of the project for you. You were NOT present to see me cut any drywall so for you to accuse me of such is ludacris. We did not see any issues with smeared caulk anywhere in the tub area or on the back wall of the shower as stated. We did in fact caulk the backsplash above the countertop and sealed it to the wall.Please note the photos showing the smeared caulk. Please note the photos showing that the top edge of the backsplash is caulked, but the bottom edge that joins the countertop is not.No pictures were presented. Therefore I can not comment on such only that there was no smeared caulk when I left the project.There were no active leaks when the project was completed as we left the water on and did not observe any leakage. Please note that ***** *******, plumber, had just checked the plumbing in the access prior to **** starting the project. There were no leaks. After the project was done when the same area was checked there was a continuous drip. Please see photos. Finding the drip lead to finding multiple other issues (see photos), and therefore any trust in ****'s ability to fix the problem was lost.No pictures were presented of continuous drip. I can say that myself and at least 2 other individuals working on your project can attest that there were NO active leaks, hence the reason I left the water on.In regards to the mixer being backwards, we could've adjusted it for you. The shower head and the faucet did not move/jiggle as per claim. Please see pictures & videos of loose faucet & shower head.No pictures were presented. Therefore I can not comment on such only to say that I made sure that all were secure upon finishing the project.We did not include sealing the grout after installation in our estimate as you need to wait at least 48 hours after grouting to apply sealant.Please help me understand how sealing the grout would not be part of completing a bathroom remodel.Sealing of grout was not listed on the estimate. Plain and simple. If you wanted the entire bathroom sealed it would've been additional labor and materials. You also did not ask about sealing the grout. I have done quite a few bathrooms and have not sealed any of them. No one has complained about the work that I've done. If it's not in the estimate, don't EXPECT it to be done.If you were unsatisfied with the toilet connection being too long, we could’ve just replaced the supply line with a shorter line for you. If you found leaks in the plumbing, you could’ve called me and said so and it could’ve been rectified.If you have hired another contractor and you have found multiple leaks in the plumbing as stated, then you’ve already torn out all the walls in the bathroom to find said leaks? If you’ve hired another contractor then why aren’t you sure if the tub has sufficient base support. A contractor could verify that for you.You said that there’s no spackle or paint behind the lights? I did in fact paint the entire bathroom including behind the light fixtures. The lights had to be done 3 times because ***** did not provide proper lighting for the space provided the first time and then the original holes for the new lights had to be moved to make sure the new lighting fixtures worked in the space.Please see photos of unpainted areas behind the left light.No pictures were presented. Therefore I can not comment on such only to say I did in fact paint the ENTIRE bathroom.If the right hand side medicine cabinet was not put in the way you wanted, you had approximately 2 full weeks to say something after it was installed and it could’ve been easily turned around to open in the opposite direction.Until the bathroom was finished, it was not inspected in terms of function.This is a lie! I have an email from you from during the project when you inspected it before the cabinets were installed. Also I called you in to look at things when you were present to make sure you were satisfied with the way things looked.The niche in the tub surround had to be done 3 different times/ways due to the fact that you showed me pictures of your Brian's other home and wanted it the same way. You wanted a black metal border and then you changed your mind to wanting the chrome/satin border. After the chrome/satin border was installed you still weren’t satisfied and wanted pencil tiles installed in said niche. All added labor and materials.Please note the initial black border was very sloppily applied with gaps between the pieces, The replacement silver border was applied incorrectly, leaving bare tile edge, please see photos. The third redo did provide a solution to the bear tile edge, however when water was sprayed into the niche, it drained in rather than out, which means the niche was not correctly installed. The niche was also then noted to be crooked in the shower wall. Please see photos of level.No pictures were presented. However per a text from you to me, you stated that the silver edge looked fine and everything looks great! You also stated to do what was easier.The GFCI outlet is in fact square and we did not use any caulk as the white that you are seeing is excess durabond/spackle. The dust you speak of was all contained with temporary containment walls that were put in place during demo/sanding. All other cutting of materials was done outside in the garage area.The dust was not contained in fact, was all over the house, including the coffee nook around the corner at the opposite end of the main floor of the house. Temporary walls were in place through all demo and sanding done during the project. It was taped to the ceiling and floors. I also vacuumed the hallway and stairs twice a week and even your husband saw me do such. I also laid down drop cloths on all flooring surfaces that we walked on from the garage door to the upstairs bathroom as to not track in any outside dirt or dust.Painting of the bathroom was not included in the estimate, but ***** requested it, so I in fact did paint the bathroom for her. Another added cost for labor.I did in fact, ask **** about painting, and he told me that he would take care of it.This is correct, you did ask me to do painting and I said I would take care of it. However, this does not mean that it would be free of charge? All add on's are an additional cost.I would like to see the date of which these contractors were contacted and the quote that they gave you to repair any of the work done by us in detail and when they started and completed the work and the total cost of their project.Per our contract, the contractual binding effect clearly states that you had 5 days of completion to contest any work. This email is clearly outside of the 5 day requirement. Also, we did not receive the up front 50% down payment as specified in the estimate until 3 weeks into said project and only after we sent emails requesting it.An estimate was accepted, there was no binding contract, and no down payment was requested until three weeks into the project. **** then stated that it was OK to give him the check the following Monday. By accepting the estimate, it turns into a contract. The contractual binding effect clearly states, "The terms of this authorization together with the scope are intended to form an enforceable contract and all other verbal or written representations concerning the subject of this agreement are deemed merged herein as reflecting the entire agreement. Company undertakes no duties under this agreement, which are not specifically described in the scope. Any dispute between agent and company (including the interpretation of this agreement), except for non-payment of invoices for company’s work, shall be submitted in writing to company within five days.Also, stated in the estimate, it has the PAYMENT TERMS CLEARLY LISTED!!! 50% deposit required of total invoice at time of scheduling project. Remaining balance is due COD on date of completion. Due to the fact that the project was started relatively quickly after the estimate was approved, there was no time for the deposit to be mailed to us to be cleared by the bank before starting the project. When it was noted by the bookkeeper that the deposit still had not been received well into the project, we requested it via email. It then took you a few days to respond to the email and since **** was not present at the job site for the following 2 days after you replied, he told you that he would collect the deposit on the following Monday since we had no faith that you would actually mail the check. The payment terms also state that the remaining balance is due COD on date of completion. You knew that the bathroom had been completed but you had an "appointment to get to" so you instructed me to contact your husband. After speaking with your husband he conveniently had to work late the day the project was completed. You were still not back by the time my truck was loaded and I did not know when you would be returning. So in good faith, I left the site without payment, hoping you would send out the final installment or call me to come and get the remaining balance from you. After a week of no word from you and no check, the company sent invoice balance reminders to which you finally responded that you wouldn't be paying and that you in fact wanted a partial refund. You never contacted myself or the company to form a complaint about the work. As far as myself and the company were concerned, the bathroom was functioning properly and you were satisfied. Once again, we are not requesting that you pay us the entire remaining balance due from the estimate plus any additional labor and/or materials since you "claim" there are issues. We are only requesting that you pay for work that was done that is not part of your "issues". We have given you the breakdown stated below. Please remit the balance immediately or civil action will take place.Financial BreakdownDemolition $1,500Removal of demolition $500Installation of lights, vanity GFI, fan, medicine cabinets $2000Installation of tub, drywall in bathroom, finishing of said drywall and painting, painting sons closet, repairing and finishing and painting and texturing downstairs ceiling, installing glass doors for tub, removing exhaust fan in master bathroom via attic $2600Materials $1000 Subtotal $7600 – Original quote stated $9600 for this project and with all the add on projects and extra materials that were requested, the total for this project would’ve exceeded $10000.Due to the fact that you say you have to repair some plumbing and we are right now taking your word on that, we will not charge the full price that was estimated in the beginning of this project. Therefore, with your down payment of $4800 you now owe us $2800 for the work that was completed.Total now due from customer $2800 per understanding that we will have no further action taking place regarding this project.Please submit a certified check or money order in the amount of $2800 to Clem1 Services LLC no later than 5pm on May 31, 2024. If we have not received payment for the remaining balance by said date, you will leave us no option but to take you to court for full payment of all services.

  Customer response

  05/29/2024

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.The work done did not result in a functional bathroom with grout breaking off and multiple major leaks as a few of the deficiencies. All contractors who subsequently viewed the project reported that it was a complete redo. They also reported that several items were not industry standard (ex. multiple use of shark-bite connections, failure to follow the standard process of sealing grout  or sloping the niche to properly drain) or to code (no dedicated GFCI breaker for the tub). All of the issues noted by the contractor in this claim (bath drain, light sizing) should have been easily resolved or consulted with me for a change order, neither was done. The placement of the metal cap on the 2x4 in the shower access  at the location of one of the sets of leaks suggests that the contractor was aware of the leak and that this would help to handle it. As far as the initial payment, it was provided when he asked for it. The attached PowerPoint show the multiple points of failure and the quotes for resolution. (videos of the loose tub faucet and shower can be sent later, they cause the submission to fail) Regards, ***** *****

  Business response

  05/30/2024

  BBB spoke to the business owners and the following:

  We are willing to go back to the customer's house and inspect the allegations.  If there is something that needs repairing, we are willing to repair it as long as the 2nd payment is made to us upon successful completion of any deemed repairs.  

  Customer response

  06/04/2024

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.I appreciate the offer to inspect and repair the construction defects in the bathroom and wish Clem1 Services well. However, the Clem1 Services bathroom remodel started 3/18/24 and finished 4/25/24 (timeline more than 2x as long as the estimates for the complete re-do) and I continue to discover additional defects in construction, therefore I have no faith in Clem1 Services’ ability to fix and correct the construction defects appropriately and efficiently and decline the offer for inspection and repair.  Holes and damage were discovered in the border surrounding the shower niche. Additional gaps and cracks in grout and silicone on floor and wall tile around the bathtub were also discovered.  It is evident that although Clem1 services may have other areas of construction where they may be able to do good work, Clem1 service failed to do the construction work correctly in our bathroom remodel and does not have the skills required to make the required corrections. I am suffering due to the defective construction including lack of ability to use the shower/bath. I must again have construction work in my home to re-do the project completely. I made an initial proposal to waive the additional $4800 payment and repay me $1,500 as a generous and appropriate offer and which still results in a loss to me.  Since that time, I have paid $1,004.50 for tile to completely re-do the bathroom remodel and $194.06 to purchase a new mixer (which allowed comparison of the mixer that **** cut and destroyed vs the new mixer, and the mixer cut by **** is half its original size which explains the leaking and spinning of that particular part). So, losses have again increased, yet I will agree to close out this complaint IF refunded the $1,500 and any additional payment waived.  Regards, ***** *****

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