Action: Contractor, homeowner settle differences

Last year I had water damage amounting to more than $11,000 to my home and took my insurance company's recommendation to use Florida Restoration Team for the repairs. The company was contacted July 10, 2001, and did not complete the work until mid October 2001.

Before completion, Florida Restoration demanded the total amount due, and Frank Bragano said he would put a lien on our house. After consulting our adjuster, we did not make the payment until the work was completed. We were told by the adjuster that a final inspection (walk-through) would occur, at which time we would sign papers and make payments. None of this occurred. We did require Mr. Bragano to provide a written statement that Florida Restoration would pose no liens and that the work agreement provided a one-year warranty. On five occasions, we also requested an itemized statement of the work done, which we have yet to receive.

From April to May, two strips of Pergo flooring split, a bubble formed under the laminate on the bar and the caulking around the backsplash disintegrated. I called Florida Restoration and left a message. I called two weeks later, as I had had no response. I was informed that the message would be relayed to the project manager. My husband called in June but also got no return call. I sent a certified letter July 5 and got a call stating that the project manager, Gary Zobrisi, would call July 10. As usual, no one called. The next time I called, I was told he would come July 26. No one came or called.

Gary called July 30 and said that someone would be out the next day. Amazingly, someone did come, took notes, measured and got samples. It is now November, and my husband and I have made six unanswered phone calls to Florida Restoration Team. None of the repair work has been done, and Florida Restoration Team will not return any calls. I sincerely hope you can help us resolve this. Deborah Guinn

Response: Andrew Lynch, vice president of Florida Restoration Team of Tampa, said he never relishes the idea of an unhappy customer but believes the issues you raised are neither monumental nor impossible to resolve. Your husband met with Gary Coley, the company's director of construction, Nov. 12 to look at the problems with the countertop and foyer flooring, and come up with a plan of action agreeable to all. He said that the Formica needed to repair the countertop was ordered and that once it has been received, the repairs to the countertop and floor will be completed.

Regarding the concerns over the payment and the possibility of a mechanics lien, he said that although he was not a party to the negotiations at the time, he can tell you that very few businesses perform and complete services without any compensation until the final product is signed off.

He said he suspects that your project came to a point where it was basically completed with only a few minor items remaining, and that was when Florida Restoration Team requested payment. He also suspects that you were told that you could withhold the amount of your deductible, or $1,000, until the final "punch out" list was completed. This is standard practice in the industry, he said. From your letter, he surmises that you somehow believed that no money was owed until the work was completed and you were satisfied. Although this is conjecture on his part, he said, he has been doing this long enough to know he is probably correct.

The written statement of the services performed in this instance would be the estimate prepared by the adjuster handling your claim. He said it is unlikely that you did not receive the estimate from the adjuster. He bases this on you including a copy of Page 4 of the adjuster's summary in your correspondence to Action. This page itemized the compensation for personal effects.

Lynch said his company definitely could have handled some issues more efficiently. Without question, he said, the phone calls should have been promptly returned; however, the construction problems concern a defect in the laminate flooring and a bubble in the countertop that occurred some six to seven months after completion. The material has been ordered, the problems will be corrected as soon as possible, and he hopes this will put this matter to rest.

Item arrives after mixup

I ordered three items from National TV Bargains on July 22 and sent my check for $18.94. I received the touch light Aug. 23, along with a refund for the "Bobbie Pets." But the company sent a slim belt I didn't order and not the jet flush blaster that I did. I returned the slim belt the same day and asked for the flush blaster. I've written twice since with no response. Thanks for your help. M.E. Porter

Response: We haven't heard from National TV Bargains, but you apparently have, in the form of the order. Thanks for letting us know it arrived.

-- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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