Bill V. I need help again please.

17 years ago

Finally heard from lawyer - he said talk to installer and/or go to small claims even though limit is less than what we've got into the floors. Full lawsuit he said would cost about $7500 - that on top of the $10-12K you said to pull everything up and replace, just can't do it.

So, easy enough to pull up loose tile in kitchen since I can start at top of basement steps. We'll just screw down the Hardibacker some more, reset the tile and hope it holds (patch he did last summer is holding).

The problem is the foyer - I've got a few "crackly" tiles, grout failing in various spots - one isolated tile with lippage at edge of area he reset last year, a few by front door (but with door raised up 1" off subfloor can't really egt a putty knife in b/t threshold and floor, or wall and floor). Then about 6 tiles incl. the decos b/t coat closet and bathroom. I don't have enough of the decos to do the diamond again - short 2 corner pieces. Think I can sacrifice the cut tiles at the walls near the bathroom and start pulling from there, hope 2 of the corner decos come up w/o breaking, or 1 stays down and 1 comes up w/o breaking? I have to figure this out b4 installer comes back (if he even will), b/c he'll just tear into things and not care that I can't replace the pattern.

Blue tape on loose-sounding tile

Or should we just do the kitchen now and wait til the foyer is coming up with my bare hands like spots were last year? Though some grout is cracking (and it's not in the kitchen), the foyer doesn't sound as bad as the kitchen.

Only other thing I can do if I don't want the installer to reset these (or if he refuses) is just start the Small Claims process. But I'd rather know how to approach this as a repair first in case he decides to repair it again - I don't think I can sue in Small Claims without trying to give him another chance. Thanks.

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Comments (5)

2ajsmama
Original Author
17 years ago
bump
bill_vincent
17 years ago
You can do it however you can afford to. Quite frankly I don't think there's any saving this floor. Pulling a tile up here and there, you're just going to make it more difficult later when the time comes that you have no choice but to replace it. Being that you've let the guy in a couple of times already, I'd be surprised if you were required to give him another shot at it, but your lawyer would know better than me, which is why I recommended so strongly that you see one before. Do what you need to, but I'd be satisfied with nothing less than a complete tear out and redo.
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2ajsmama
Original Author
17 years ago
I let him in to reset tiles once last year. I don't know why my lawyer said to try to work it out with him before going to Small Claims - maybe b/c of the $5000 limit. Lawyer didn't actually recommend "fixing" it - maybe he thought I should suggest the guy tear it out and start over - but I know he won't do that.

Since the lawyer doesn't seem to want to bother with this (even for $7500 that he mentioned!?), I'm on my own. Do you recommend calling the installer and telling him it's coming up in other places, and that I want a complete tear-out and redo on his dime, and when he refuses, tell him I'll see him in court? That's my only option besides letting him fix it (and THEN taking him to court when it fails a third time).

Oh, and how will resetting loose tiles now make it harder to pull up later? I thought they took a big vibrating scraper thing and went under the backer to cut the screws/nails?

Thanks
bill_vincent
17 years ago
You're saying that the places he's patched are staying tight. I'm assuming that when he pulls the old tiles that the cement board gets destroyed and also needs to be replaced, and I'd imagine he's doing it right when he redoes it. That's why I said it'd be tougher when the whole floor gets replaced, and it WILL get replaced, one way or the other within the next couple of years.

If it were me, I'd be demanding he replace the floor. Even try and compromise (although you'd be entirely within your rights NOT to). It's going to cost you, even if you go to court, so it wouldn't hurt to make it look like you're trying to be a nice customer. (it'll also look better in court if you have to go that route) If he refuses, then it's time to go to court.
2ajsmama
Original Author
17 years ago
I thought when the floor gets pulled up, it'll be from under the CBU (all you have to do is cut the screws - OK, that's a big "all" but there's no thinset under it) so the tile stays stuck to the CBU (or not) and it comes up all as one piece? I figure the CBU will have to be replaced, since it's not stuck to the subfloor but most of the tile (at this point about 95%) is stuck to it. A dozen sf in the 150sf foyer/bath/closet and another dozen in the (app 350 sf) kitchen and mudroom isn't going to matter.

I'll tell him I've researched this and it looks like the floor has to come up due to lack of thinset, but when he says the majority (incl the 60sf he did last year) is still down, what's a reasonable compromise?

He didn't replace any CBU last year, just put more screws in those areas after he pulled up the tiles (most tiles had about 20% coverage) and scraped the thinset off. We only broke 1 tile in a corner of a doorway - the rest came up intact. So no thinset under any of the Hardibacker, just screws/ringnails (in some places lots of them).