Complaint Review: Davinci Green

Tristan has offered to complete the job per the contract and I am therefore removing my reviews at this time as I work together with them to resolve our differences. 

I signed a contract with Tristan on 4/6/14 to remodel my kitchen. At that time he told me that once he has the designer come out to do one final measure, they could then update the contract with the estimated start date and end date.

The next day the designer came out to do a final measure and show us the drawings for our approval. After we agreed to the design, we gave the salesperson, a check for $4000 for my initial deposit on a total job that was about $25,000. In the weeks that followed, we then waited for Tristan to get back to us to do our backsplash and granite shopping.

He had us meet him at Floor & Decor on Bell Ave on 5/3/14 to start shopping for backsplash tiles. While there, Tristan was confused about the type of remodel we were requesting. We tried to be patient as he explained the different advantages and benefits of one type of material vs. another until we and one of his salespeople realized that Tristan seemed to be shopping for bathroom tiles instead of kitchen backsplash. He was very confused and blamed his age/bad memory for the mistake. He then took us to the front of the store to look at backsplash tiles for our kitchen only to come to the realization that he should have had had us select the granite before the backsplash. So after wasting an hour or so we rescheduled to meet at Aracruz Granite the following week. The shopping at Aracruz was uneventful and Tristan seemed a bit more prepared this time to help us with our selection for the countertop.

Several weeks later on or about 5/27/14 I called to speak to Tristan after not hearing from him since our meeting at Aracruz. When I asked him about the start/end dates, the bill of materials with costs, etc., he told us that there were currently some delays with the cabinet supplier that forced them to hold off on receiving any of the cabinets for our project. Tristan did assure me that the order was already put in to the supplier and as soon as the supplier has their warehouse location back up and running he would get the cabinets and schedule installation. It was at that point that I made two things very clear to Tristan. First, that while I understand there are supplier issues that are beyond his control, I appreciate being kept informed on these kinds of delays instead of being forced to call him to follow up. Second, that it is actually very fortunate that this delay occurred, seeing as how he had not received the appliance model numbers or specifications from me to ensure that the correct cabinets were going to fit. He advised me at that time that the cabinet used for wall ovens is fairly universal in nature but that he made a mistake and in fact, had not ordered the cabinets after all. He attributed this mistake, once again to his age/bad memory. On 5/28/14 I received a letter via US Mail from Tristan explaining the reasons for the slow scheduling, despite the conversation we had the day before when he stated that the delays were due to the cabinet supplier needing to move their facility.

On 6/10/14, I tried to contact Tristan to work out a compromise due to a personal issue I was having that I felt might endanger our financial ability to continue with the kitchen remodel. I contacted Michele and explained the situation to her to which she then passed me on to Brian to explain the situation all over again. I was upfront and explained that although I recognize the contractual obligation, if perhaps there was a compromise that we could work out to either postpone the project or possibly cancel the project for now and get most of our money back, since no actual work has been done anyway, the cabinets still had not been ordered, and any material that had been ordered could be easily returned without penalty. They both advised me they would speak with Tristan regarding the matter and get back in touch with me. After two weeks of waiting, I was finally able to get hold of Tristan, despite his failure to call me back, and ask him if he had thought about the situation that I was in and if he would be able to come to some sort of a compromise. Tristan told me that there was nothing he could do short of keeping my deposit and not going after me for the remaining $900 to complete the 20% provision of the cancellation clause.

I asked Tristan if there honestly was no single way to reconsider his decision, especially since we had been very patent with him and his mistakes, his withholding of information we requested and repeated delays. He then told me that the cabinets had already been ordered as Grant had already completed the layout and it was unfair to cancel after so much work had been done by him and his employees. He berated me for not taking the time to read through what I had signed and agreed to in the contract. He began to condescend me, as he knew I worked in contractual compliance. It was then that I asked him how he presumed to have had Grant complete the layout, if Grant still did not have the appliance specifications. How did the cabinets get ordered if the layout was not completed due to not having the specifications on the appliances? Tristan then recanted his previous statement only to repeat that he must have confused my job with another and that he did not intentionally lie to me. He insisted it was a mistake due to age/bad memory.

I then told Tristan that my wife and I would not cancel but there would definitely need to be some changes made to the design to ensure the project still fits within our now restrained budget level. I advised him that we would be foregoing the new appliances and would no longer need a wall oven cabinet. We were going to keep our old appliances and simply eliminate a few cabinets and add a few in an effort to reduce the total material cost. He stated he would send out Grant by the following Friday 6/27/14 to make the adjustments for the requested changes. Throughout all this I reminded the designer for an itemized list that my wife and I could use to see which option would net us the most value. The designer stated that the cost difference was not that much but we insisted on exact numbers. I contacted Tristan and reaffirmed my request for the itemized list to which he answered in an impatient manner, "It all costs about the same!"

On 6/28/14 Grant sent us an email with the changes, to which we reminded him we still wanted an itemized list of materials with costs, no matter how minute the difference. On 7/2/14 Tristan sent us an email with the new designs and we responded that we had already received the new pictures from Grant but we were still waiting on the itemized list of materials. On 7/3/14 Grant sent us an email explaining that the modification that he added in to one of the cabinets would not fit due to the limited amount of space or limited size options available. I advised him that perhaps we could work around that but for now to just send us the itemized list of materials. He said that Tristan would get in touch with us to figure out how to move forward from here on.

On 7/13/14 Tristan sent us an email advising us of the limitation that Grant had encountered. I finally got hold of Tristan via phone and I told him that while I understand the issue that Grant has encountered, I still had not received the itemized list of materials. Tristan insisted that this was a non-issue and I disagreed. I could not understand why he wouldn't just give me the itemized list so that I could prioritize or otherwise see which design option would give us the most value.

Grant later explained to me via a phone call that day that Tristan actually charges by linear foot instead of square foot. This fact was never disclosed to me before during or even after signing of the contract until just that moment, almost 3 months later. No matter what I chose to do or what alterations I decided to make to customize the cost and fit our budget needs, Tristan had no intention of working with us to achieve that result. We felt at a loss but we still wanted the kitchen to be remodeled so we pressed on.

I sent an email to Tristan commenting that perhaps they should tell me what is (what options and sizes) actually available before any further commitments are made. The next day Michele sent me a pdf copy of the CFA cabinet catalog. I felt that this was a poor attempt at a joke to expect me to configure the cabinet options especially since I didn't have any design measurements.

I called and spoke to Tristan on or about 7/23/14 to ask him why there was a delay with what he was committed to deliver. Tristan then yelled at me stating that the add-on option (butler pantry insert) that we picked out on 6/27/14 was not available in a cabinet for the size of the design that Grant had configured. The option was only available in the 30" cabinet sizes. I asked, "So just use a 30" cabinet, get us the insert, and order a larger cabinet on the other side to make up the difference. Why can't that be done?" Tristan stated that he was unsure if that would have been an acceptable option or not which is why he didn't suggest it sooner. On or about 7/25/14, Tristan called me to advise that the butler pantry option was also no longer available in a 30" or in fact in any other size. When he noticed that I was disappointed, he then yelled at me stating that, "The original contract never had a butler pantry option so you are just going to have to do without. You are going to have to use the specifications of the original contract." I couldn't take much more of his abusive attitude toward me so I told him I would discuss the issue with my wife and get back to him.

On 7/29/14 I sent an email telling Tristan that my wife and I were tired of his continued disrespect toward my family and myself, that I questioned his business model as being heavily weighted in his favor and seemed almost predatory in nature. At the end of the email I advised Tristan that for the reasons I pointed out in that email, I simply wished to cease our agreement on the condition that my deposit is refunded in full. Less than two hours later, I received a call from Shane asking me to schedule the job. I advised Shane that he may want to speak to Tristan before we commit to a schedule. It seemed very coincidental and disingenuous for this person to call me wanting to schedule the start of the job after the email I had sent Tristan.  

On 8/4/14 I called and spoke to June who advised me that Tristan was busy and would get back to me later. On 8/5/14 I called again and June advised me that I had just missed Tristan. I called Tristan directly on his cell which he finally answered and spoke to him that afternoon. Tristan yelled at me and told me there was no getting out of the contract and unless I give him the green light, should I have his attorney contact me instead. I told Tristan that I felt like he had me up against a wall but that I would be willing to speak to his attorney to see what could be worked out. At no time did I mention that I wanted to cancel the contract. That evening, my wife and I finally decided that unless we give Tristan the go ahead then there was too much at risk to lose, since there hadn't been any actual work done for the price we have already paid. On 8/6/14, I sent an email to Tristan, Grant, Michele, and June advising them that my wife and I have decided to move forward with the project. Since Tristan appeared to be holding me to the original specifications in the original design that included a wall oven, built-in microwave, range hood and gas cook top, I also gave him the appliance model numbers so that he could finally order the necessary cabinets needed to fit those appliances.

On 8/7/14, I received a letter from Tristan stating that his attorney was reviewing the file but that under no circumstances would they be refunding my money in any way. His attorney was advising him as to whether or not Tristan should proceed with the job or if the contract should be terminated.

I sent Tristan emails throughout the week advising him that I felt his business practices were questionable and lacked ethical standards. I had paid him $4000 and received nothing in exchange. Tristan insisted that they had invested a great deal of time and money that had already surpassed the amount of my initial deposit, but as a show of good faith, he would not be pursuing the difference of the 20% which came out to me owing him close to $900.

On 8/14/14, I received a letter from Gary Wieser, Tristan's attorney, that the contract was terminated by my own hand on 7/29/14. I responded by advising Gary that my decision to cancel was conditional upon the full refund of my initial deposit. As such, I have not cancelled the contract. Further, Mr. Wieser also advised me that Tristan would be pursuing the balance of the 20% which came to $917.60. Lastly, Mr. Wieser demanded that I cease and desist any defamatory or libelous statements against DaVinci Green and that I immediately retract any statements already made. They threatened to sue and seek actual and punitive damages if I refused to retract my statements.

This is not an accurate account of what has happened. You have changed your mind several times about your remodeling project, even though you signed an agreement that was written based on your requests. The delays were caused by your indecisiveness. daVinci Green has spent many hours attempting to satisfy you. We have a lot of expenses associated with your constant changes. Expenses that include 3 separate sets of plans, paying employees that have worked tirelessly to please you and the purchase of granite that you selected at our Granite Importers location. We have not threatened you with a lawyer. We did state that we want our attorney to review the notes & history of our relationship with you before proceeding with the job. Your agreement clearly states that if you cancel after the Right of Rescission (which you have done on more than one occasion) we are entitled to a certain percentage of the proposal agreement. The purpose of that is to cover the costs listed above. We also have not told you that we will not do your job. Again, I will reiterate that WE ARE HAVING OUR ATTORNEY REVIEW THE NOTES AND FILE BEFORE PROCEEDING WITH THE WORK ON YOUR REMODELING PROJECT. We will let you know what our attorney advises us. Please do not post false statements Victor. We have tried to work with you and would appreciate the same consideration that we have afforded you.