An Angie's List reviewer wrote about Nancy and Brian Forman: "I think this husband-wife team are sickeningly sweet on the surface and dishonest to the core". Had we read Angie's List reviews prior to engaging them, we would have avoided the most outrageous chicanery of our personal and professional lives. Over a year has passed, but it's still difficult to document these events dispassionately.
We retained Performance Kitchens & Home (hereafter, PKH) in June 2014 to redesign our kitchen, bar, and powder room space. After visiting our home, Nancy showed us a budget guideline for our cabinets of $18-25K, based on selections. OK by us. After the design phase, we were contractually required to deposit 50% for a cabinet purchase from the Formans to take home our design documents. Meeting at their office in December, we were surprised by a revised cabinet price 50% above the prior range (now $38K). After some hesitation, we wrote them a deposit check to "move the project forward" and take home our design. In January, we were shocked by an envelope from PKH citing "omissions" on our order and presenting a revised cabinet order totaling $58,767, requesting payment in full to keep our project moving. The January letter attributed this $20,000 increase to an "honest mistake", "an omission" on their part. However, it never offered to refund our deposit from December, if such a drastic increase were unacceptable to us.
After weeks of frustrating communications to recover cost sanity, we decided that the Formans' "honest mistake" wasn't so honest and we would go no further. We sent them a polite letter requesting our deposit be refunded so that we could "part ways amicably". Their response letter denied the "omission/mistake" language of their earlier letter, insisted that we comply with their design contract, and flatly refused our refund request. (These two contradicting letters would become the centerpiece of our legal case against them.) We were outraged and decided to pursue them legally.
So we found a knowledgeable and resourceful attorney, who was a pleasure to work with (Dan McElhatton, of McElhatton Foley PC - 215-557-0811 - if you ever need a good lawyer) and filed with the American Arbitration Association. After filing with AAA, Brian Forman showed true colors by sending us a threatening letter, claiming that they would prevail at arbitration and that we would then owe them legal fees of "at least $10,000 and likely a great deal more than that". This bullying only doubled our resolve to bring them to justice.
Long story short, an arbitrator was assigned to hear both sides at an in-person meeting, found that the Formans had "wrongfully held monies for services not performed", and awarded us $19,193. We were elated! Cashing the Formans' check for this amount re-energized our dormant kitchen project, so we engaged new partners with real capabilities and fair business practices and achieved a stunning transformation of our kitchen and surrounding spaces!
Our experience since made us aware of 10 red flags that we should have seen in the PKH contract and business practices. For a full list of these, read the reviews on Angie's List. read more