Complaints

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• Initial Complaint

  Date:02/06/2025

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Complaint Against Custom Marble Design (CMD)I contracted with CMD through ***** to install kitchen countertops. The installation on Jan *****, 2025 caused significant damage due to poor execution and inadequate staffing. *** sent only two workers to handle countertops that exceeded 900lb, leading to:Broken plywood cabinet box Face panels torn off Hardwood floor damaged when a countertop was dropped Installer injured from improper lifting CMD acknowledged fault and agreed in writing to cover repairs within reason if a formal invoice was provided. They later requested contractor details to process payment. However, after receiving this, CMD backtracked and refused to pay, instead citing an incidental damage clause from Lowes.This clause applies to minor scratches and dings, not broken cabinets, structural damage, or dropped counters. The damage was caused by negligent installation, not standard wear. *** initially accepted responsibility but later shifted blame to Lowes, instructing me to open a work order instead of honoring their commitment.I have video evidence showing the damages and removal process. **** refusal to pay is a clear breach of their written commitment. Their unsafe work practicesincluding inadequate crew size, lack of proper safety equipment per **** regulations, and an injuryraise serious concerns about their professionalism.I request that CMD fully reimburse cabinet repair costs, as initially agreed, and take accountability for their poor workmanship instead of misleading customers.

  Business Response

  Date: 02/14/2025

  On January 30th we went out to do an installation through our Lowes contract. We sent 2 installers (per industry standards) to complete the installation. There is no place in our Lowes contract that states we (as a subcontractor) have to have a certain number of installers for a certain amount of weight - the weight of the island was roughly 300lbs per piece. We sent the island out in 2 pieces to ensure a safe delivery. There was no record of an installer being hurt on our job site. We spoke with both installers after the installation - one which has worked at our company for over ************************************* proof of damage being done to the hardwood floors. 

  Lowes contracted CMD to not only perform the installation but the removal of the current granite that was previously installed by another company. ***** has a clause stated in their contract stating the below:

  "Incidental Damage: Final wall preparation (painting, wall papering, tile backsplash, etc.) should NOT be completed prior to countertop installation. Care will be exercised during the countertop removal and/or installation; however, scrapes, punctures, or dings to wall surfaces are possible, as are scratches to cabinetry, and damage to existing tile/laminate backsplashes. As your project is considered an active construction site, these items are deemed incidental damage and are the customer's responsibility to repair."

  As there was very minimal damage done to a side panel during the removal of the countertops - this is covered under the incidental damage clause. We did originally state we would cover the cost of the panel (although not necessary due to the Lowes clause). Our exact response to the homeowner is stated below:

  "I read your email, and we are in agreement. The only note I would like to add is Custom Marble agrees to cover the invoice from the cabinet installer within reason. The invoice can only be approved and paid if a formal quote is written to our office and approved by the owner before official billing"

  The homeowner sent over an invoice showing not only multiple panels but an entire replacement cabinet from Lowes and then another invoice of $1,200.00 of just labor. The total of both Invoices was $2,365.80. This amount was more than half of the cost of the entire job itself. At this point we did not feel comfortable paying for an invoice that included damage that was not incurred by our installers and directed the homeowner back to Lowes to start a claim. Claims through Lowes are protocol regardless if we decided to pay this homeowner directly or not. The homeowner then threatened to sue custom marble although his contract is through Lowes. We have not had any direct contact with this homeowner since. They have reached out to Lowes and started a claim which has since been denied. I have attached photos of the completed job to show our craftsmanship as we take our installations and professionalism as a whole very seriously at Custom Marble. Please reach out if any other documentation is needed. Thank you for your time. 

   

  Customer Answer

  Date: 02/14/2025

  I am writing to address the inaccuracies and omissions in Custom Marble Designs (CMD) response to my BBB complaint.
  
  1. Misrepresentation of Damages
  
  CMD claims that the damage to my kitchen is minimal and falls under the Lowes incidental damage clause. However, this is unequivocally false. The damages include:
  A broken plywood cabinet box, which cannot be repaired. The glue joint was torn apart and cannot be safely reattached. The separation was so severe that internal corner bracing pieces are no longer in place.
  Deco panels torn off when the countertop was dragged across the cabinets.
  A face panel next to the dishwasher that was torn away from the plywood.
  Filler panels with corners ripped off during the installation.
  
  These damages go far beyond the incidental scuffs or scratches outlined in Lowes clause. CMDs failure to provide sufficient manpower to handle the countertops safely directly caused this extensive damage.
  
  Furthermore, CMDs claim that the large countertop piece weighed only 300 pounds is false. This countertop measured 79.75 x ***** x 1.2, equating to 2.849 cubic feet of dolomite with a density of 180.98 pounds per cubic foot. This results in a total weight of 515.1 pounds. Handling such a massive piece requires adequate staffing and equipment, which CMD failed to provide.
  
  2. The Island Countertop
  
  CMD entirely neglects to address the fact that the island countertop had to be cut down by 1.25 inches over its entire 12-foot length. This modification left the countertop shorter than the contracted dimensions of 53.5 inches, resulting in a reduction in the square footage for which I paid.
  
  CMDs response also falsely claims that the installed island countertop matched the contract specifications, and they misreported this to their parent contractor. Additionally, *** claims the repair invoice was more than half the contract price. This is demonstrably false, as the total contract price was $8,115.16 per my receipt from Lowes. These repeated falsehoods highlight a troubling pattern of dishonesty and further cast doubt on CMDs claims.
  
  3. Responsibility to Pay for Damages
  
  CMDs initial email acknowledged fault and agreed to cover repair costs:
  
  Custom Marble agrees to cover the invoice from the cabinet installer within reason.
  
  I submitted repair invoices that reflected the actual costs required to restore my kitchen. These included:
  Parts and labor to repair cabinets, filler panels, and face panels.
  Additional personnel to safely work under the re-installed countertops during repairs.
  Electrical work to temporarily remove outlets on either side of the cabinets requiring replacement.
  Extensive man-hours to remove baseboards and trim to replace the torn filler panels.
  
  CMD later refused payment and claimed the invoice amounts were unreasonable, despite the materials being sourced from Lowes at cost with zero markup.
  
  4. Lack of Accountability
  
  CMDs response misrepresents key facts:
  CMD claims there was no record or proof of a dropped countertop or an injured installer. However, I have photo and video evidence documenting the installation process, damages, and the incident itself. This includes footage of the 515-pound countertop dropped onto the foot of an installer, who was seen crawling on the floor in visible agony. The same installer later told me his foot had gone numb. CMDs denial of this incident is demonstrably false.
  CMD provided only a two-man crew for a job involving countertops of this size and weight, which is grossly insufficient. Their failure to provide adequate personnel is a clear act of negligence.
  CMD directed me to file a claim with Lowes, fully aware that Lowes would likely deny the claim because CMD, as the subcontractor, bears responsibility.
  
  5. Photos Provided by CMD
  
  The photos CMD submitted do not show the damage they caused. Instead, they appear staged to hide the affected areas and mislead the BBB regarding the extent of the issues.
  
  6. OSHA Violations and Safety Concerns
  
  The countertop installation practices conducted by *** raise significant safety concerns under **** regulations, further highlighting a troubling profits before people culture within the company.
  
  CMD demonstrated a complete disregard for employee safety during this installation:
  Weight Handling Negligence: OSHAs General Duty Clause (29 USC 654(a)(1)) mandates a workplace free from recognized hazards. The countertop in question weighed 515 pounds, significantly exceeding NIOSH guidelines for safe lifting, which recommend a maximum of 51 pounds under ideal conditions. *** failed to provide either adequate personnel or mechanical aids to safely handle the countertops. By sending only a two-person crew, CMD prioritized minimizing labor costs over ensuring safe working conditions.
  Failure to Provide PPE: CMD failed to provide the legally required personal protective equipment (PPE) during the use of an angle grinder. This contravenes multiple OSHA standards:
  Eye and face protection (29 CFR 1910.133): Workers were not provided goggles or face *******, leaving them exposed to flying debris.
  Respiratory protection (29 CFR 1910.134): Cutting the countertop generated significant dust, including harmful silica particles, yet workers were not provided with respirators.
  Foot protection (29 CFR 1910.136): Workers were not provided with steel-toed shoes despite the risk of injury from falling objects like a 515-pound countertop.
  Negligence in Dust Control: CMDs dust mitigation efforts were grossly inadequate, consisting only of a shop vacuum held near the angle grinder. Video evidence shows dust and debris spraying into a workers face, leaving them coughing and with watery eyes. ***** standards for respirable crystalline silica (29 CFR 1910.1053) require employers to implement proper controls, such as wet cutting or effective dust collection systems, to protect workers and occupants from the hazards of silica exposure. CMD neglected these standards, further risking both worker and homeowner safety.
  
  By neglecting basic safety protocols and failing to provide the proper equipment or staffing, CMDs practices reflect a profits before people mentality. This approach not only endangers workers but also compromises the quality of their work, leading to the significant damages in my kitchen.
  
  CMDs disregard for its employees health and safety underscores its broader negligence and lack of accountability in this case. Such a culture further validates the necessity of holding CMD accountable for their actions and ensuring they cannot continue to cut corners at the expense of both workers and customers.
  My Requested Resolution
  
  At a minimum these concerns should be documented by the BBB so that other consumers can be made aware of CMD's history of wrong doing.
  CMD must take responsibility for their actions rather than deflecting blame or hiding behind fine print. I urge the BBB to review the evidence carefully and hold *** accountable for their commitment to professionalism and customer satisfaction.