September 6, 2007 Dave Fleming Re-Bath of Colorado Springs Dear Mr Fleming, Yesterday, Steve requested we fax you a list of our concerns on this project. We would like to point out that your concerns and problems with a former sales representative and a former general manger are not acceptable reasons for the work not being done in a timely manner or for the work not being done as contracted or represented to us as being contracted. There are six basic areas in this project: Removing the master bath shower and replacing it with a cabinet Installing a shower where the unused master bath tub existed Replacing the original master bath sink and cabinet Removing second bath tub and shower and installing a new shower Removing the second bath sink and cabinet and installing new Installing a cabinet in-wall in the second bath Let's address these six areas in order, shall we? #1 - The master bath shower was removed on August 17, 2007. One 36” cabinet was installed per contract. Drywall has been put in place and plumbing sealed. However, the finish painting has not been done. It was our definite impression that Steve did not expect that to be part of the installation. Contract calls for one 36” wall cabinet and a 36” floor cabinet was installed. #1 not complete. Painting to be completed as contracted. We only provide what is standard thru Lowes, otherwise contract would say special order or custom. #2 - We removed the original master bath tub July 20th because we were not sure when, or if, Re-Bath would be coming out to complete the work. On August 16, John began building out the wall for the shower installation. The final trim, doors, and the pulse faucet assembly were installed September 5, 2007. However, Nate failed to caulk around the pulse faucet assembly so the shower is unusable until that is done. There was room for only one shower tower to be installed when two were ordered. #2 is not complete. Shower Tower to be credited on invoice if unable to install. This values at $95. Caulking to be completed. #3 - On August 17, 2007, the master bath sink and cabinets were removed. On August 30, 2007, your crew brought the wrong color cabinets. We were called by John & Steve on September 4, telling us that they could not get white cabinets, as we ordered, but could get off-white. We agreed to the color change. On September 5, 2007, Steve and Nate installed two off-white 36” cabinets. However, water has not been hooked-up yet. The master bath sink is now unusable for the last three weeks. In addition, the contract calls for a 72” cabinet, not for two 36” cabinets. When we placed our order on March 6, 2007, and during the subsequent re-ordering on March 17, and on July 11, we emphasized that we were doing area #1 (above) and expanding the master bath sink and cabinets to maximize drawer space. We were expecting a 72” cabinet with three sets of full drawers and one set of swinging doors (for the sink area) with the sink more centrally located. What we received were two 36” cabinets both of which have minimal drawers and both have sink areas. #3 is not complete and #3 is not what we ordered and #3 is not what we were led to expect. We only provide what is standard thru Lowes, otherwise contract would say special order or custom. We are able to provide one cabinet for free in lieu of color acceptance and your versatility. This would value at $395 #4 - Second bath shower was removed July 2, 2007 by John & Nate. This work was completed by John, with plumbing work being sub-contracted out, on July 12, 2007. Drain works fine, shower works fine. #4 is complete and acceptable. #5 - Second bath sink and cabinet were removed August 30, 2007. It was discovered the cabinet brought out was reversed and needed to be replaced. On September 5, 2007, attempt at installing second bath cabinet failed because plumbing was not in line with cabinet. We pointed out that we were expecting a 42” cabinet to replace the old 42” cabinet. While the contract calls for a 32” cabinet, a 32” cabinet is not standard and that should have initiated some sort of internal alarms at Re-Bath. It did not. During the initial measurements and the two subsequent measurements (March 6, March 17, and July 11), no mention was made to us that replacing the existing cabinet would be a problem. In fact, the 32” figure entered into the contract was an error and should have read 42”. This is also supported by the fact the Re-Bath office ordered a 42” custom vanity top for the second bath cabinet. The mistake was not discovered until September 5 when installation was attempted. Additionally, the second bath cabinet has minimal drawer space. #5 is not complete, #5 is not what was ordered, #5 is not what was expected. The top was ordered to the specs provided for the top originally. This eliminates two things, to not have a gap in flooring and to also provide the customer with the same amount of top accustomed to prior. We only provide what is standard thru Lowes, otherwise contract would say special order or custom. Standard practice is to provide a trim piece to allow the 36” to become 42”. We can put in a 24 and 18' as suggested but the depths are not the same as the larger cabinets. You are then forced to provide a trim piece on the back of the cabinet and cut the two cabinets to accommodate the larger bowl. This is turn sacrifices the integrity of the small cab. To this, we offer a $595 discount to accept the 36' as planned. As far as the Michael Graves sink faucets, we will accommodate those as needed. #6 - Medicine Cabinet installed in-wall on September 5, 2007. Work appears to be satisfactory. #6 is complete. The One-Day Bathroom Remodeling is now at six months since ordered. And it is not done. No work can be done from September 10 through the end of September as we will be out of town. Our house-sitter will not be authorized to supervise or approve any work. Trash removal is not acceptable from our installers and is normally hauled by our reps. This will not be a factor again. What we are offering is this; we will finish the items discussed, provide the discounts and provide the same warranty as we do all customers. Due to you long lead-time, we will not charge back the additional plumbing or electrical as provided which have gone near $2000 over anticipated cost. On the contract signed on 3/06/07 number 4 in the terms and conditions states, “No installation, plumbing, electrical, flooring, decorating or other construction is to be provided unless specifically set forth herein. It is understood the price agreed upon herein does not include possible expense entailed in coping with hidden and unknown contingencies found at the job site. In the event such contingencies arise and contractor is required to furnish labor or materials or otherwise perform work not provided for or contemplated by Contactor, the actual costs plus 20% there of will be paid by customer ..etc. You should have copy of the signed version, if not, it can be provided. We are not charging these things, as you are correct in you have waited a very long time and very deserving in the discounts we are providing. If this is all acceptable to you, we will set a date to install and perform these last tasks and then payment is to be made to Rebath in the amount of $5593 payable in certified funds or with credit card. We look forward to resolving these last issues and letting you enjoy your Rebath remodel. Best Regards, Dave Fleming