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  1. #1
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    Jun 2011
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    Default Responsibility for Costs Associated with Error in the Renovation Plan

    My question involves a consumer law issue in the State of: Virginia

    I am remodeling a kitchen. I clearly communicated to the designer at cabinet company what I wanted with regard to an island design, i.e., a raised bar. That is not disputed. The granite was cut according to the plan, which I was asked to approve, but the plan was incorrect in that it did not allow for enough of an overhang for the bar area. I now need to purchase another piece of granite to get it right. There were other errors in the cabinet sizes due to drawing inaccuracies. I also approved those plans but in that case the company corrected the error by absorbing the cost (a much less costly fix). The question is, if I have communicated what I want, is it then my responsibility to check all of the drawings for measurement errors? Is that not what I hire a contractor/designer to do, i.e., to create the plans for my vision? If an error is made, who carries the burden of the cost to make it right?

  2. #2
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    Default Re: Responsibility for Costs Associated with Error in the Renovation Plan

    You're acting as your own general contractor? Your contract with the designer says that, once you sign off, you're responsible for any errors that result?

    Your granite company didn't take measurements or make a template in situ?

    Believe me, I sympathize - I had a kitchen designer mess something up and, when I confronted her about her error, got an unapologetic shrug and a comment to the effect of, "There's always something that's not right." With her work, my guess is that's a correct statement....

  3. #3
    Join Date
    Jun 2011
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    3

    Default Re: Responsibility for Costs Associated with Error in the Renovation Plan

    Thank you for your response. I'll try not to get too bogged down in details. Cabinets were purchased from a seller (lumber company that also has a design center); this company contracts with the granite fabricator so my payments for the granite were made to the lumber company. I see nothing in the Terms and Conditions of Sale that address responsibility for errors.

    The lumber company designer knew what I wanted with the bar--the designer has not denied that. We had several conversations about how many bar stools I could fit and accessing the cabinets underneath the bar due to the bar overhang. What I realized after this mess is that she never provided for the bar or she would have added the needed supports for the overhang. It was an omission in the design. Therefore, when the granite company came to make the template, they did not allow for an overhang because there was nothing there to tell them that there would be an overhang (no supports present, just the cabinets).

    The designer was in contact with the fabricator, not I, and in an email from the fabricator she was asked to approve the plan. She then asked me to approve but I certainly did not go back and remeasure to see if all was correct. I communicated and it was not executed.

    Thank you for any guidance.

  4. #4
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    Default Re: Responsibility for Costs Associated with Error in the Renovation Plan

    Again, you're acting as your own general contractor? It seems that you were, but you didn't answer that question.

    Did you install the cabinets yourself? If not, you never discussed your plans with your installer?

    When the granite company came to measure nobody was there to supervise them or approve the template?

    The only error you're attributing to the designer was her failure to include a set of supports in your cabinet order?

  5. #5
    Join Date
    Jun 2011
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    3

    Default Re: Responsibility for Costs Associated with Error in the Renovation Plan

    I contracted with the lumber company for the cabinets who contracted with the stone company for the granite. I didn't deal with the granite company directly except to select the stone. I hired a company to do the remodeling work (gutting, installing). I don't know that means that I'm the general contractor? There was a representative of the remodeling company there to supervise when the template was made but there was nothing in place (e.g., support for the overhang) to tell them what the measurement for the bar should be. So they didn't template for an overhang. The stone company passed the drawings on to the lumber company (with whom they contract) who passed them on to me for approval. I could see nothing wrong with them but I am not a designer or an architect, nor did I run home to measure everything. So, yes, I missed the overhang omission. So if I contracted with a designer at the lumber company, who knew definitely knew of the planned bar/overhang (she has not denied that), am I totally responsible for the error?

    There were several things, in my opinion, that contributed to it, including that the designer had not made any provision for the overhang support and another being that the remodeler himself was not present but his employee was there who was communicating with the stone company.

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