Tony Marquette says he grew up listening to Tom Martino on
Denver radio. So when it came time to choose a contractor to install new
flooring and tile in his Centennial house last year, he selected one from
Martino's website, www. roubleshooter.com, which charges businesses
sizable sums to be on its coveted referral list -- something Marquette
says he didn't know. But when the contractor's work failed to satisfy him
and Troubleshooter Network staffers didn't set things right by his
standards, Marquette's admiration for the radio host began to deteriorate.
He's now threatening to sue the contractor, as well as Martino, who
"needs to be knocked off his soapbox and told, 'You talk a lot of
crap.'"
The notoriously pugnacious Martino, who also leads an investigative
team on Channel 31, doesn't react to this statement by meekly turning the
other cheek. He's spoken with Marquette just once, during a January 5
exchange heard on KHOW locally and more than 220 stations nationwide, via
a syndication deal with Westwood One. Yet he doesn't hesitate to brand him
a "nut," a "liar" and a "shakedown artist"
with a big payday on his mind. "He thinks he's found a gold mine in
Tom Martino and that I'm afraid of what publicity he can bring to
bear," he declares. "And I say, 'Bring it on!' I have nothing to
hide."
Maybe not, but digging into the Marquette affair unearths plenty of
information that doesn't look very pretty in the bright sunshine.
Accusations fly back and forth between Martino, Marquette and Steve
Nickels, owner and operator of American Hardwood & Tile, who was
hired to make the improvements in question. The situation has been marked
by personality conflicts, threats of violence, even subterfuge -- and
instead of improving things, Martino's Troubleshooter Network has further
complicated them.
The saga began in December 2003, when a new refrigerator the Marquettes
purchased at Sears sprang a leak that damaged their kitchen flooring.
After Sears offered a settlement to repair the damage, Tony, who runs his
own mortgage company as well as a sports-memorabilia business, and his
wife, Debbie, a medical-firm employee, decided that on top of
fixing the kitchen, they'd spruce up other portions of the aging home they
share with their nine-year-old son. In the end, they earmarked an entryway
and three bathrooms for retiling and general upgrading. The couple
initially planned to have Debbie's brother, a longtime contractor, tackle
these chores, but before he could get under way, he was jailed on
drug-related charges. That's when they visited Troubleshooter.com
and discovered American Hardwood & Tile.
Renovation took place on and off from January until June 2004. Nickels
chalks up the length of this span to a deal he made with Marquette to
discount the total if he could be paid in cash and work on a sporadic
basis between other jobs. During the delay, several pieces of furniture
moved onto the Marquettes' porch were ruined by the winter weather; in
Nickels's version, the couple told him the stuff was junk they'd been
planning to discard, but they say otherwise. The Marquettes also gripe
that folks from the American Hardwood team scheduled visits on four or
five occasions and then didn't show up. Nickels sees this accusation as
exaggerated, but he confirms that it led to a shouting match in which
Marquette said he'd better watch his step or he might wind up "at the
bottom of a river." Marquette claims he made this remark after
Nickels yelled at his son.
The bill for the work (not including materials, which the Marquettes
bought) came to about $8,000. Predictably, the two parties vary about
whether total payment was made; Nickels feels he's still owed about a
grand, while Marquette says he fulfilled his obligation by giving the
contractor an expensive sander previously owned by Debbie's imprisoned
brother. Even so, the Marquettes were at least moderately happy with the
outcome -- until, that is, they began noticing what they consider to be
flaws in Nickels's workmanship. They've found dozens of glitches by now,
and they portray many of them as potentially dangerous. To the average
observer, a lot of their claims, like ones about tiny cracks between tiles
that can barely be spotted from an inch or two away, seem significantly
overstated; others, such as those involving a shower base that gaps when
pressure is applied to its corner and grout that rubs off appear to be
more substantial.
For Marquette, though, the biggest issue is one that's out of sight:
the installation of a subfloor beneath the tile, as mentioned in his
contract with American Hardwood. Nickels used a product called Hardibacker,
but the installation guide put out by Hardibacker's manufacturer says the
backerboard should be used with a subfloor, not in lieu of it. As a
result, Marquette believes he's been ripped off, and he wants Nickels to
tear up the entire floor and start from scratch.
Nickels contends that replacing typical subfloor is completely
unnecessary. Martino agrees, saying that contractors with whom he's spoken
often use the words "Hardibacker" and "subfloor"
interchangeably, turning the entire matter into an argument over
semantics.
In August, Marquette formally complained to Troubleshooter.com, and
after a series of back-and-forths with network staffers, Nickels returned
to the house in early November. But Marquette felt his attempts to address
their grumbles were merely cosmetic, and he demanded that American
Hardwood be removed from the website's referral list. To determine if this
move was justified, network staffers requested the opinion of an
"independent expert": Mark Carstairs of Carstairs Tile
Company, who's worked on Martino's own home.
Nickels was frosted by this move, since Carstairs is also on the
referral list; he believes the two-page report Carstairs produced was
unduly harsh because it was put together by a "competitor." In
any event, Carstairs, who declined to comment for this column, pointed out
sixteen imperfections at the Marquette home, most of them relatively
minor. American Hardwood was removed from the referral list anyway, when
Nickels was out of town for Christmas vacation, but the business was
reinstated upon his return in advance of his appearance on Martino's
January 5 show. Martino says Marquette demanded to face off against
Nickels on the air. Marquette counters that network employees said they'd
stop helping him if he refused.
After the program, during which Martino snapped at both combatants,
American Hardwood was kicked out once more, and Nickels was told that the
only way he might return to the site is if he could produce video proving
his work wasn't as bad as Marquette asserted.
When Marquette wouldn't offer Nickels access to his place for this
purpose ("Why would I do that for someone who I was thinking about
suing?" he asks), the contractor came up with an alternative plan. He
had a buddy visit the Marquettes and say he was there "to videotape
for Tom Martino's Troubleshooter Network." This phrasing, which
Nickels settled on after talking to a lawyer, was vague enough to fool
Marquette, who let the man in, toured him through the house, and even
watched a movie with him. Marquette says the man maintained that he was
using Martino's own camera to take the shots. Martino says the camera most
certainly wasn't his, and Nickels denies any knowledge of such a remark.
Nickels also dismisses the idea that he did anything unethical by having
an associate use trickery to get through Marquette's door. "If Tony
took it as him being an employee of Tom Martino's, that's his
problem," he says.
This act alone would seem enough to get American Hardwood banished from
Troubleshooter.com forever, as it's hardly in keeping with the network's
code of ethics. However, Martino didn't pull the trigger, offering the
toweringly lame rationale that he "wasn't there" to see what
actually happened and hadn't been told by Nickels precisely what went
down, either. Instead, Nickels presented an edited version of the
videotape to Troubleshooter personnel and, Martino says, "cried and
complained" until his staff looked at it. After viewing the footage,
checking Nickels's file for past complaints (he had two, for not returning
calls), and weighing his willingness to fix the work if only Marquette
would let him, the networkers decided to put him back on the list again.
Ginger Asher, a network associate, was given the assignment of
breaking this news to the Marquettes. She did so in a conversation with
Debbie, not realizing that her husband was recording the call; he says he
learned from listening to Martino how important it is to document
everything. Asher explained that Nickels had been reinstated after
"screaming about how much he was losing being off the list";
Nickels guesses that he gets 75 percent of his business from
Troubleshooter.com, and says the losses he sustained upon being bounced
from the website caused him to lose custody of his daughter. Next, Asher
contended that restoring American Hardwood's status would be good for the
Marquettes if they chose to sue, as she advised. Otherwise, Asher said,
"he'll go bankrupt, and I don't want that to happen, because then
you'll never get anything, and I'd rather you get some money."
Such cash-driven logic may seem dubious from the perspective of
protecting customers, but it makes sense when it comes to
Troubleshooter.com, which is every bit as much a for-profit enterprise as
Liberty Bell Telecom, a Martino-formed phone company that he repeatedly
pimps in radio spots. Troubleshooter.com won't put its imprimatur on any
business unwilling to pay for the privilege, and although fees differ
according to a venture's size, they can be considerable. Nickels, who's
been on the network for four years, says he pays $1,400 either every six
or every twelve months -- he can't remember which. Other sources mention
charges of as much as $4,000 per annum.
This fact surprises many of Martino's listeners, but it's acknowledged
in the website's introduction. There, Martino insists that
"sponsorship is necessary to support this endeavor," because
"it takes many thousands of dollars to develop and maintain this
website, to screen clients, arbitrate problems and answer inquiries."
But just how much policing the network does is debatable.
Troubleshooter.com has referral lists in nineteen states, including
Colorado, where recommended businesses are sorted by seven cities or
regions. The Denver section separates sponsors into more than 300
different professional categories, with most offering links to between one
and ten firms or individuals. If each of these members paid $1,000 to stay
in the network's good graces, the total could easily top one million
dollars annually from the Denver area alone. Even so, Martino says his
Denver office has only two full-time staffers to handle complaints. It's
unlikely, then, that the average applicant is given more than a cursory
run through criminal databases and the like.
For his part, Martino sees nothing hinky about a TV reporter and
consumer advocate touting businesses that pass his quality test only if
the price is right. Indeed, he thinks the rest of the media should be
criticized for not doing things his way, because he views accepting any
advertisement as a de facto endorsement of a product or company -- a
position that's either hugely cynical or incredibly convenient. "If
you pay to advertise with Channel 9, you can't call Roger Ogden and
get someone kicked off the air," he says. "But you can call me
and get someone kicked off my website."
Not if you're Tony Marquette. Nickels says he was told he'd be removed
from Troubleshooter.com if his clash with Marquette was made public, but
Martino personally vows that won't happen because of this episode. The
host feels that Nickels has been more than reasonable, offering to go
through arbitration with the Better Business Bureau (Marquette said no at
the time, because he thought Martino's people were handling things) and
even promising that he would refund half the couple's money and pay
someone else to do the repairs. Marquette insists that he never received
this last proposal, but he says he would accept it if the work was done to
his specifications. Until then, he continues to believe that Martino is
"willfully and knowingly perpetrating fraud over the airwaves."
Martino scoffs at this accusation. "Here's what I have," he
says. "I have 25 years in Denver without ever having a problem with
my credibility, ever. I've had plenty of articles written about me, pro
and con, and there's never been anything of substance -- but people keep
trying. When I retire, I wonder what they'll say."