ComplaintsforM. David Ackers, LLC

• Initial Complaint

  05/01/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I contracted with David ********************** to fabricate and install kitchen cabinets, which he did. Unfortunately, he made the cabinets too shallow, not the industry standard depth of 24". Because of this, my appliances stick out beyond the cabinets and my custom-made countertops no longer fit. He also boarded up the opening for the double kitchen sink so that it is now impossible to install neither the sink nor the faucet. He has expressed in writing that he intends to take NO responsibility for his mistakes. Therefore, I have had to hire another contractor to remedy his foul-up at additional cost and time for me. At the very least, I would like Mr. ********************** to reimburse me the money that I will have to pay someone else to re-build HIS kitchen cabinets.Additionally, Mr. ********************** was extremely unprofessional in his response to my request that we get together in person to discuss how to remedy HIS mistakes. He refused to meet or do anything necessary to make things right. He knew what he did was wrong, as he explained in writing how I should go about reconstructing the cabinets.I am 74 years old and in no condition to to build or rebuild cabinetry. Obviously, that is why I spent a sizable amount of money with him to custom make beautiful cabinets for me.

  Business response

  06/16/2024

   

  Mrs. Morgert changed our original contract because she decided to redo her floors, change water lines, change electrical and paint.  She hired a General Contractor and we changed our contract to cabinets only, as evidenced by the attached documents.  I provided everything contained within our revised contract.  Her General Contractor turned out "not" a licensed/registered or insured General Contractor.  Her Contractor was responsible for removing the peninsula wall that was crucial.  Her Contractor did not.  I asked many times to have the wall removed but he did not.

  You can clearly see in the original contract and subsequent documents/discussions, removal of the pre-existing peninsula wall had to be removed.  I was very clear about its removal.

  First email in response to her hostile email 
  

  Hi ******! 
  

  In response to your request for a call back this afternoon, I have attached some documents to refresh your memory,although you already possess them.
  
  The original contract, dated 9/2/23,clearly shows the removal of the vertical wall separating the kitchen and dining room, the peninsula wall must be removed which would have allowed the reconfiguration of the plumbing for your new sink and dishwasher.  You and your Contractor aka ********, failed to remove the peninsula wall,leaving it fully intact.  By not removing the peninsula wall,  your Contractor created a problem for the placement of your kitchen faucet and handles.  If your Contractor had removed the peninsula wall, he could have easily mounted your kitchen faucet pretty much anywhere with ease. Your Contractor did not do you any favors by ignoring this crucially important task and is evidenced in your original contract.
  
  Your Contractor stated he actually dug a trench across the kitchen floor from the sink to the refrigerator and then covered it up with the new floor.  It is surprising the Residential Building Inspector would allow that to occur.  In the event the water line ever develops a leak you would be forced to remove sections of your new floor.  Your contract clearly states your refrigerator ice maker should have been supplied from the closest water line (bathroom) so it would be fully exposed in the event of a leak and an easy fix.  Your Contractor should have installed an inline purification filter that is fully accessible and easy to change.
  
  Lastly, cooking stoves almost always protrude past the cabinets, some more than others depending upon your personal selection.  Cooking stoves protrude past the cabinets just like refrigerators.  Perhaps your new stove is excessively deep for your liking, but that is an issue only you can rectify.  Im enclosing a copy of one of the renderings for your kitchen, which you approved of, and were given copies prior to the original contract date of September 2, 2023. The rendering clearly shows the stove and refrigerator protruding well past the kitchen cabinets.
  
  Your original contract, dated September 2, 2023, and the original contract addendum, dated December 17, 2023, have been fully satisfied.
  
  Thank you!

  Second email:

  From: ***************************
  Sent: Saturday, March 30, 2024 1:00 PM
  To: Deb ************* Re: Voicemail 3/20/24 and Requested Documents
  
  Hello, David,
  
  I hate to tell you, but your contracts have NOT been satisfied.  Because of your incorrect measurements there is no room to install a two sided kitchen sink.
  There is barely enough room for a vanity sink.  Plus, as I have previously stated
  the cabinets are too shallow and the standard size appliances stick out at several inches beyond 24" ( which is the depth that the cabinets should measure).
  
  Both of these things need to be addressed and corrected.  I am not
  happy.  I have spent just under $30,000.00 with you for a kitchen that does NOT FUNCTION!  
  
  You need to man up and take responsibility for this.  These are YOUR 
  mistakes (not **********)   I talked to ******** and we have decided the first course of action should be a face to face meeting between the three of us to figure out what needs to be done to make things RIGHT.   The sooner the better.  Early next week would be good.
  
  I,  nor anyone to whom I have shown the island to, can figure out why you  keep screaming, cursing, and blaming ********.  All he left of the original island is the narrow wooden  framing that protects the plumbing and gives you a solid structure to which you could attach your cabinets.  However, instead of attaching your cabinets you created an empty space behind the cabinets which makes it impossible to install a sink.
  
  If you do not wish to take responsibility for your mistakes, nor meet with us, then the alternative, as I see it, is for you to pay ******** to remedy the situation.  If you do not wish to pay ******** to correct your mistakes than I will be forced to place a lein against you and your company and everything will settled through litigation.
  
  Should you wish to settle this amicably,
  I am available to meet next Monday after 12:30 pm or any time Tues. or Weds..
   Please let me know what day and time are best for you. I need to get my house 
  functionable again!!
  
  Thank you,

  Third email.

  Your communications with me have been filled with disinformation and threats.  Unfortunately for you, your latest email crossed the line.  Intentionally using language to inflict verbal and sexual abuse specifically aimed at me will not be tolerated. Saying that everything is my fault and that I am less than a man is cruel and insulting.  Your bullying tactics of belittling and threatening me have come to an end.  Further, demanding that I meet with you, in your home,along with your "contractor" ******** (whom I've never met), and your crazed, uncontrollable large dogs, will never happen.
  
  Despite your unacceptable behavior, I will give you easy fixes for your self-imposed issues, as follows:
  
  An "EMPTY SPACE" between the back of the island cabinetry (approximately 5-1/2 inches wide) was my intent from the early design stages, which would allow plenty of faucet space as well as room for the dishwasher to slide in flush with the cabinet doors. *****, my repeated requests to remove the "pensula wall" which was in our original contract dated September 2, 2023.
  
  "A carefully thought out favor"to ignore removal of the peninsula wall has proven to be problematic for you.  5-1/2 inches between the backs of the cabinets that was intended to create space for the faucet is unfortunately occupied by a wall that should have been removed, again as clearly stated in our original contract.
  
  As for the sink base cabinet, a 36"wide sink base cabinet is more than adequate to accommodate a double bowl sink.  A TIP FOR YOUR CONTRACTOR:  The 2 lateral strips at the top of the sink base cabinet can easily be cut away with a jig saw to allow room for the sink to "drop in".
  
  To solve the "peninsula wall"problem is to remove the center island back cabinet, carefully cut away the sheet rock and studs with a Fein saw (aka oscillating cutter) then re-install the cabinet - all of the s**** holes will line up so it's a rather simple task.
  
  To remove the portion of the peninsula wall behind the dishwasher, simply crawl into the space and cut out the sheet rock and studs using the same tool.  Yes I know, much easier to remove the whole wall from the start as stated in our original contract but that's what "well thought out favors" get you. The instructions above are the solutions to YOUR island problems.
  
  I encourage you to share these instructions with your "contractor".  Please know that I have no intent to meet with you or your "contractor".  I have no intent on paying your "contractor" to perform the above-mentioned tasks.  Lastly, I have no intent on performing the above-mentioned task or anything else for that matter.
  
  M. David Ackers
  

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