Nearly 1 year ago, I wrote a $3,000 Non-Refundable check to Bradco Kitchens & Baths to counsel & advise us in our design, construction & products of our 1947-built bathroom. The bathroom remodel was to accommodate our 2 daughters and my 88-year-old mother. We live in a 1-story, 3-bedroom, 2-bath house & rely heavily on both bathrooms.
The Bradco sales staff assured us that they could redesign our bathroom and B&R could build it. We trusted that this would be a "one-stop" shop. We only met with a Bradco kitchen designer 1 time to discuss the scope of our work before writing the check. We did not notice that Bradco had the wrong floor template on their computer that infamous day which was generated by their very own B&R's (free) cost estimator.
At the Bradco Kitchen website under Services, B&R Construction is marketed as their on-site construction company that has an exclusive agreement for Bradco customers. The website also states B&R Construction (California License #688492) is one legal entity and "not affiliated" with Bradco Kitchen. The President of Bradco Kitchen is also the President of BRCONI, Inc. dba B&R Construction - Michael Kienzl. Please go to the CA Contractors State License Board Personnel and check it out. Somehow this does not seem forthright.
As of today, we do not have a remodel; we do not have "usable" bathroom plans, and we do not have our $3,000. We were and are so still exhausted by the entire drawn-out experience with Bradco that we haven't had the energy to interview another designer and builder, not to mention the financial loss. Within 3 days of writing our check to Bradco we finally received the B&R references we had been patiently waiting for nearly a month. Unfortunately, not one of the 3 references was satisfactory. Each reference had something scary to show or share with us.
B&R also did NOT want to readily share their "payment schedule" with their Cost Estimate. We found out after our "non-refundable" deposit to Bradco that B&R required that we pay 1/3 of B&R's total estimated costs day 1 of construction for "mobilization". In other words, 1/3 would be due and payable to B&R before any work would be done at our home. The California Contractors State License Board advises consumers to get "3 references from each bidder", "review their past work in person" and "never pay more than 10% down or $1,000, whichever is less." They also state "don't let payments get ahead of the work." Please follow the guidelines at www.cslb.ca.gov/Resources/GuidesAndPamphlets/TenTips.pdf.
Once we received their payment schedule, we asked for our Bradco deposit back which was within 3 business days of our signing our check. Michael Kienzl refused. We tried to be reasonable & compromise, offering them $1,000 - which was more than generous as we had absolutely nothing. We were trying to cut our losses. He still refused. Although my husband and I both work full time, we had no choice but to seek justice elsewhere and sued Michael Kienzl dba Bradco Kitchen, Inc. dba Bradco Kitchens & Baths in Small Claims' Court. No attorneys are permitted in Small Claims Court and we won on 1/15/13, about 3 months after our check was written.
After losing in Small Claims Court, Michael Kienzl of Bradco Kitchens "appealed" in Small Claims Superior Court which does permit attorneys and they won their appeal on 4/12/13, about 5-1/2 months after our check was written. We were unable to afford an attorney. The very day of the Appeal, Mr. Kienzl and his attorney, Robert B. Mobasseri, were asking for a postponement claiming they had not received notice of the trial from the court and the attorney had a conflict. Meanwhile, they appealed of course (not us) and they showed up the very date of the trial. Does this make any sense?
At the Appeal, Mr. Kienzl brought a computer-generated floor plan which was not prepared or presented at Small Claims Court in January 2013. No surprise, the floor plan was inaccurate and of no value to us. Besides expanding into a part of our home we did not want, the (new) bathroom entry door width was designed as 30" and I think L.A. Code is 32". Please remember that the only reason we went with Bradco in the first place was to work with B&R Construction whose "payment schedule" was/is not industry-standard and whose references did not check out. Bottom line, the judge ruled in favor of the letter of the law of our contract which states "non-refundable".
The 3-Day Right of Rescission Law does not apply when you sign at Bradco Kitchens even if pertinent information is withheld (payment schedule and references), the plan is incorrect, or you've been misinformed or mislead with their cross-marketing. Bradco can claim they worked with you to satisfy your request, even if they didn't perform and/or their work inaccurate. I wish I had read the Yelp Reviews and been less trustworthy. I'm still crying and losing sleep over this. read more