Hello, I am in the middle of a renovation of a 1BR co-op apartment on the UES. I have purchased the apartment, but have not yet moved in yet (I will once the work is done). Part of the renovation includes the installation of 2 through-wall air conditioners. This is allowed in this building, and many other apartments have done so. Tenants may choose from one of 2 building-approved companies to do... [more]
Hello,
I am in the middle of a renovation of a 1BR co-op apartment on the UES. I have purchased the apartment, but have not yet moved in yet (I will once the work is done). Part of the renovation includes the installation of 2 through-wall air conditioners. This is allowed in this building, and many other apartments have done so. Tenants may choose from one of 2 building-approved companies to do the job. I chose one of these companies, one that has done several installations in the building in the past, and I also submitted a Scope of Work, which included an explanation of all work to be done, including the through-wall ACs. Along with the SoW, I also included architectural drawings for the whole apartment. These materials were submitted to the managing agent, along with the appropriate Alteration Application, and all work was approved by the building and the management company (Akam). I have said approval in writing.
The day came for the mason to arrive and start work. The day goes by, but around 4pm while I'm at work the AC company calls me and says that the super (who the company rep identified by name on the phone) told the mason to leave, because he did not have the "proper paperwork." I call the super directly, and he denies the whole thing, making up some story (which kept changing) about the doorman (??) telling the mason to leave (of course, the doormen have nothing to do with checking any insurance, licenses, or other paperwork -- other than the work order, which the mason had with him, and presented). Then he changed his story, saying that the mason just left on his own (without reason). He can't get his story straight, and so he says he will call the AC company himself. I don't know why he needs/wants to do this -- the AC company has supplied everything that's necessary on their end, and the building has approved everything on my end, and he (the super) can't seem to get straight what "proper paperwork" he is looking for. Meanwhile, I now have to wait another MONTH to get another appointment with the mason, AND the company is saying they are going to charge me $800 for the "cancellation"!
I am livid right now. This installation had been planned for over a month and a half. I am going to talk to the managing agent first thing tomorrow. I am also tempted to speak with the board president. Is there anything else I can do? What would be the best way to go about getting reimbursed for this, if possible? I doubt I will be able to make up any of the lost time, but the $800 will not be waived by the AC company, and I, nor anyone involved in doing the renovation work, is responsible for this delay or cancellation charge.
ANY help appreciated.
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Response by Squid
over 9 years ago
Posts: 1399
Member since: Sep 2008
Did you fail to grease the super before work began? If so, that's your answer. Always need to apply the green permit on these jobs. Everyone knows that. And yes, certainly do contact the managing agent and the vendor. But it is unlikely anyone will own up to any wrongdoing and the buck will keep getting passed back and forth.
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Response by UE98
over 9 years ago
Posts: 100
Member since: Jan 2013
Actually, the super and I were on quite good terms up until now. When I was even getting rid of the old microwave during the demo, I offered it to him for free! He was looking for one for another tenant.
As for the vendor, I've spoken to the rep several times. But from their end, it's simple: the mason came, was told to leave, and so he left. And now I'm out another $800 and have extended the job by I suspect another month.
Is there no common by-law or something that, for example, allows a shareholder to reimbursed if the building erroneously forces extra charges upon said shareholder?
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Response by fieldschester
over 9 years ago
Posts: 3525
Member since: Jul 2013
UE98, you offered an old microwave to the super for another tenant? That's very nice.
What part of the Upper East Side is this in?
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Response by Primer05
over 9 years ago
Posts: 2103
Member since: Jul 2009
UE98,
There have been many times where we went to work on an apartment and for one reason or another (service elevator not working) we were turned away. I have never charged my client a dime for a cancellation no less $800 a day. The havoc company didnt lose $800 for their 1 man who might or might not have been redirected to another project. I l also do not think its right for them to put you back on the list for a month. I would fight the $800. What if the super did not tell them that? They make $800 for doing nothing. Seems strange to me. I would offer to pay for any money lost which might be the workers salary plus overhead for the day not profit
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Response by sippelmc
over 9 years ago
Posts: 142
Member since: Sep 2007
I'd also be calling the other building approved company and see what they can do for you and what time frame. You'll be in a better position dealing with company number one if you have options to leave.
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Response by CCL3
over 9 years ago
Posts: 430
Member since: Jul 2014
Yeah, I am not sure they could legally enforce the $800 against you, unless there was some sort of liquidated damages clause in the agreement that specifies that. Otherwise they are charging you more than they were actually damaged. I doubt they are going to file a small claims case against you if you refuse to pay that amount. I would try to get an appt with the other company.
Did you fail to grease the super before work began? If so, that's your answer. Always need to apply the green permit on these jobs. Everyone knows that. And yes, certainly do contact the managing agent and the vendor. But it is unlikely anyone will own up to any wrongdoing and the buck will keep getting passed back and forth.
Actually, the super and I were on quite good terms up until now. When I was even getting rid of the old microwave during the demo, I offered it to him for free! He was looking for one for another tenant.
As for the vendor, I've spoken to the rep several times. But from their end, it's simple: the mason came, was told to leave, and so he left. And now I'm out another $800 and have extended the job by I suspect another month.
Is there no common by-law or something that, for example, allows a shareholder to reimbursed if the building erroneously forces extra charges upon said shareholder?
UE98, you offered an old microwave to the super for another tenant? That's very nice.
What part of the Upper East Side is this in?
UE98,
There have been many times where we went to work on an apartment and for one reason or another (service elevator not working) we were turned away. I have never charged my client a dime for a cancellation no less $800 a day. The havoc company didnt lose $800 for their 1 man who might or might not have been redirected to another project. I l also do not think its right for them to put you back on the list for a month. I would fight the $800. What if the super did not tell them that? They make $800 for doing nothing. Seems strange to me. I would offer to pay for any money lost which might be the workers salary plus overhead for the day not profit
I'd also be calling the other building approved company and see what they can do for you and what time frame. You'll be in a better position dealing with company number one if you have options to leave.
Yeah, I am not sure they could legally enforce the $800 against you, unless there was some sort of liquidated damages clause in the agreement that specifies that. Otherwise they are charging you more than they were actually damaged. I doubt they are going to file a small claims case against you if you refuse to pay that amount. I would try to get an appt with the other company.