Flooring Issues

13 years ago

I wanted to get some opinions on what I should do with our flooring situation.

We moved into our new construction home in September of last year and noticed some dimpling on the hardwood floor. This flooring is installed throughout most of the main level. We had the builder come over with the sub that did the work, and it was admitted that the wrong staples were used during installation. This caused dimples on at least 50% of the floor with a few staples showing through on the seams. The home comes with a 12-month craftsmanship warranty from the builder and this damage should be covered under that policy. Also, the flooring installer damaged the kitchen island while installing the floor (this was admitted to as well).

After back and forth conversations with the builder during the past 6 months, they presented us with two options.

Option 1 Ã¯Â¿Â½" Accept the floor and island as is and collect $3,500 cash

Option 2 Ã¯Â¿Â½" The builder will replace only the damaged boards and have their painter fix the island.

Here are my issues with these two options. We originally filed a claim with the installers insurance and came up with a total repair estimate of about $11k (with the island damage). This includes up to date bids to get the work done and replace 100% of the hardwood floor. The insurance company only agreed to pay out for the island damage ($1k total).

The builder is not willing to commit to replacing 100% of the hardwood floor because not all of it is showing symptoms. I believe that because the entire floor was installed with incorrect fasteners, all of it should be replaced. ItÃ¢ÂÂs an engineered hardwood floor that we selected because the ware layer can be sanded and refinished. But now with the staples so close to the surface, this is just not possible. Also, when the painter was at our house during construction, he admitted the best thing to do for the island is having the cabinetmaker fix it.

I suggested the builder give me at least $5k and I accept the damages or agree to replace all of the hardwood. The builder is not going for it.

What should I do now? I was going to talk with an attorney later today about a lawsuit. Do you think I have a case? I was going to sue for the full $11k plus attorney fees.

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Comments (7)

Spottythecat
13 years ago
If he admitted to using the incorrect staples, then the whole wood floor should come out and be replaced. The dimpling will happen down the road if it is not all fixed. You may have to take this guy to court...

I say, go for the entire new floor...done the CORRECT WAY!

Pam
wu343
Original Author
13 years ago
This is the statement from our home builder.

"repair of the flooring where the staples didn't properly set"
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Spottythecat
13 years ago
Have you checked with the specifications from the floor manufacturer? I know that warranties can be voided when the installed doesn't use the right glue, underlayment, staples etc..Maybe they have a local rep that could come out and look at the floor and make a recommendation?

Does this builder realize that your happiness makes or breaks his future business???
wu343
Original Author
13 years ago
We have gone through a lot of scenarios with the builder and they gave me just the two options. This is a larger builder that has a local construction manager (GC) that I work with. This local guy is on my side and does not want to see one of his largest clients file a lawsuit against his company. Its the corporate office that is not willing to work with me. I thought that my offer of $5k was a fair deal for them, but they will not budge. For shear principle, I would like to sue them for the entire $11k repair cost plus attorney/court fees. My wife and I are very upset about this situation.
Spottythecat
13 years ago
This would be crazy...but is you are mad enough...report them to a local tv station...in our area they do assignments on rip-offs etc...maybe the companies name on tv would really get them to fix it...

or...

forget about you!
User
13 years ago
Take him up on his offer to replace only the damaged appearing boards. When he goes to remove "just" those boards, it's unlikely that he will be able to do so without removing all of the wood. There won't be a lot that comes out that can actually be re-installed. So, he'll end up replacing 95% of the floor anyway. You'll get what you want anyway.

It will cost you more than 11K to take him to court. And if you win, you can't get blood from a turnip. Too many builders in that situation have folded their companies and just opened another one, leaving you unable to collect a dime.
wu343
Original Author
13 years ago
This builder is large and builds hundreds of home per year. I doubt my lawsuit would make them fold.