Kohler is essentially blaming the plumber, since he's the one that installed the tub.

Your GC hired the plumber.

Therefore, your GC is responsible for the tub being improperly installed.

It's up to your GC and the plumber to defend themselves by going after Kohler. If they fail to do that, then the GC and Plumber need to work out how you get a new tub since they bought you a defective one.

All that is assuming that you didn't buy the tub yourself. If you bought the tub yourself, then you're back to battling Kohler yourself.

If you have to go this alone, after you run the course of letters and phone calls to Kohler, take them to small claims court. Winning is easy. Getting compensated may be a little more difficult.

Any local omnbudsman you can access? One of those local TV "consumer investigative reporter" types you can write?

Keep your correspondence, including having the second contractor's diagnosis in writing. I'd even try to get the first guy to diagnose it in writing. Either that it was delaminated (his first story) or that it was improperly installed (second version). Have him address HOW it was improperly installed. Either one helps you with your cause.

You can find the proper installation instructions in your printed materials that came with the tub, or you can find them online through Kohler.

What a pain. Good luck.

Yeah unfortunately I did purchase the tub. Many mistakes were made this being our first reno. I have learned so much on this site. Oh well.

Mongoct, thank you! But has anyone ever had that acrylic gel injection fix? Did it last?

Or do I try to get new tub somehow? I've never been to court.

Curious as to which Kohler model tub you purchased. Did you look this up online to see if there were others who wrote of similar issues?

Since it's on you, I'd go after Kohler again. Simply start anew.

Get a written diagnosis from the second evaluator. Send it to Kohler and start a warranty claim. Pretend it's the first time you've called them.

1) Tub was purchased from _____ on ____.
2) Tub was installed on ____ by a licensed plumber in accordance with the manufacturers instructions.
3) Within days of the installation a squeaking noise was heard.
4) You had two people come out and diagnose it as a delamination. Include the written report from the second person.
5) State what you want: A new tub.

I'd also contact the point-of-purchase. They sold you a bad tub. As a follow up to the initial phone call claim with them, include the written delamination assessment made by the second evaluator. Send them the same info noted above.

Written letters and emails start the paper trail. Phone calls are great to "shake the tree", any time you talk to anyone note the day, time, person you spoke with, case/claim number if they assign you one, and take brief notes of the conversation.

Kohler is usually pretty good about claims. Best thing I can offer is to be calm but firm in your conversations, be businesslike. And keep good notes.

When I've dealt with things like this, I've kept my notes in a document file on my computer. If I talk to someone new, I'll email them the file while I'm on the phone with them. Depending on the situation I might password protect it or convert it into a pdf file before sending it so it can't be muddled with by the recipient.

No, I've never done or had done a gel injection. I've never heard of it being done. Not saying it won't work. But I've never had a tub delaminate!

As a bit of a last resort, talk to your GC. If Kohler is claiming the tub was installed incorrectly, that falls back on him and on his plumber. You might be able to get separate letters from the plumber and the GC saying that the tub was installed IAW the manufacturers instructions and that they agree with the evaluation that delamination as a result of a manufacturing defect are the cause of the squeak.

Again, all that is based on the tub having been installed correctly. ie, it's not a drop-in tub that is being supported by the rim instead of by the base/feet for example.

Again, good luck.

If you politely persist with the Kohler Customer Service Department, they will replace the tub, whether or not the fault lies with whom. However, the repair that is being proposed will work. At least short term, in the location where the current issue is. It won't prevent it from delaminating further if the tub wasn't supported correctly during install. And that is the bigger issue, IMHO, as it IS an install issue that would most likely be causing the problem.

If the contractor had enough room to spray foam under the tub after the fact, then the tub wasn't supported properly from the beginning. So, the tub replacement should really be on the installer, not the manufacturer. When the tub is purchased by a third party, that greatly complicates things though, as cntractors generally won't do free warranty work on third party purchases, only his own purchases. And now there is a dispute as to whether the install or the materials are at fault. Frankly, even were Kohler to give you a new tub, I wouldn't want this contractor doing the replacement.

I would not accept a tub that has been filled with foam. It should be replaced. You bought a new tub and you should receive a new tub.

I'd have the Kohler rep, the plumber, and the GC, all on site when it's disassembled and removed along with the manufacturer's installation instructions. It will probably be obvious as to who/what is to blame.

I had a Corian distributor watch me disassemble a cracked top installation that was installed exactly per the manual that was sitting on the counter. It was obvious customer abuse, but they ate it anyway.

Hi,

Had to take time off and reflect upon everything learned here. Thank you all so much!

Thank you all so much!

This post was edited by Sofling on Wed, Jan 21, 15 at 9:08

So sorry to hear you are having this issue. Did Kohler happen to say if they needed the defective tub back? If not and you have space to keep it, tell them to send the replacement tub. You could go ahead and see if the less invasive/less expensive injection method fixes the issue. If it does you great, then you could sell the tub on Craigslist or ebay. If it doesn't then you could go ahead and have the replacement tub installed.
I realize that either way it will cost you money so I hope you can recover at least some of that from the GC or installer.
You probably don't want to hear this but my daughter had the Archer tub installed last year and has had no issues with it. She loves the tub.
Good luck on getting your tub issue resolved

Badgergal, believe me, I'm happy to hear your daughter had no issues, and I'm fine being proved wrong about quality. I think Kohler is fine company; I have their products that I love. This was just one of those luck of the draw, that happens...