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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117458
Experience:  Attorney experienced in commercial litigation.
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I ordered a custom kitchen in January of 2013. This was a

Customer Question

I ordered a custom kitchen in January of 2013. This was a complete set of custom made kitchen cabinetry, designed to exactly fit into the kitchen spaces. We paid a substantial deposit for the kitchen and after waiting for five months it was finally delivered
(we were originally told that the delivery would take 8 - 10 weeks) The cabinetry was delivered and the balance paid (balance was due on delivery) When the installer began to install the cabinetry it was clear that several of the cabinets were the wrong size,
and had the wrong finish. The design company (the people who had done the measurements and were the agents for the cabinet manufacturers) told us that they would be happy to replace the cabinetry but it would take another six months for fabrication. Rather
than waiting another six months for replacement cabinets it was decided to modify the kitchen spaces to fit the cabinets - this was not ideal but was thought to be the quickest alternative. The cabinetry design company undertook to cover the costs of the modifications
and so we proceeded. Even with the modifications (walls had to be moved a couple of inches, and cabinet niches narrowed down) were completed there were still cabinet doors that were the wrong finish and/or size and we were given to understand that these would
be replaced quickly. The kitchen modifications were completed and the cabinets installed, the measurements were then provided to the cabinetry design company in order for them to get replacements quickly. The modifications were completed in November 2014 and
the measurements supplied to the design company for the replacement doors (we did not trust them to do their own measuring again). At the end of March 2015 the replacement doors were delivered to us. One of the doors had again been made the wrong size and
could not be used. After a further complaint to the supplier they have supposedly ordered a replacement door - this was supposed to be delivered to us in mid June but we have heard nothing from the supplier at all and are still waiting. My question is this,
do I have any recourse to go after the kitchen cabinet design house for their incompetence and being unable to complete my house - home rentals in the area (Laguna Beach California) would be in the region of $10,000 per month and they have effectively prevented
us from either using the house, or renting it out, for over a year.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They have the liability for damages and they will have to pay for all losses you suffered based on their negligent performance. Under contract law and CA law, they have to perform in a workmanlike manner and their failure to do so makes them liable to you to refund your money and pay for the damages it has caused you. If they refuse to do so upon you making a written demand, then you will need to file suit against them and because the damages are more than the $10,000 small claims limits, you would have to file suit in the CA Superior court.

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