Help! Custom Leaning Post Gone Bad ...

[omaier]

Last March while preparing for the 2005 season, I contacted a reputable custom marine fabricator in the northeast about building me a leaning post. After several discussions and me providing a to-scale drawing of what I wanted him to weld in April, he gladly accepted my $500 deposit. As part of the discussions I was extremely clear about why I needed the dimensions I did, the materials to be used to cover the post and the overall look I was trying to achieve and that if he needed to deviate from the drawing to call and discuss the options. Fast forward to September ... I won't bore you with all of the details ... basically he wouldn't return calls, provide any of the progress photos (although he promised he would in April) or give me a good date for delivery (I got the "ready next week" more than once) ... He finally sent me pictures and dimensions. Wrong dimensions, post is similar in concept to what I wanted (custom swing-back leaning post) but not close to the drawing and had the wrong covering material. The builder refuses to refund my deposit and has sent me several emails (each escalating in tone and becoming less "customer service" oriented) ending with the last that offered me no solution to the situation, explaining that he would keep my $500 (I guess deposits are not refundable regardless of whether the builder follows directions or not) and sell the leaning post at the next boat show.

Anyone have any ideas how to proceed?

Mike