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kavanaghs

Trouble with flooring contractor...

9 years ago
Hi Houzz! I am installing site finished hardwood floors throughout my living space, tile in bathrooms, and carpet in bedrooms and am using a local flooring contractor to do the work to the tune of 25K. First strike was that he laid 2/3s of the hardwood using a red rosin paper as underlayment over my crawlspace, which is specifically not recommended by the flooring manufacturer. I had him switch to a recommended underlayment, and sign an agreement stating that he was responsible for issues. Now, though, his installers have left dents 10" apart all the way down my walls, cabinets, built-ins, door and my refrigerator from their nail gun thing, and they just pulled out of my job for a week without even telling me to address another job. I am furious! I have already paid for all of the materials (tile, carpet, wood), but only the wood for the floor is on site. I am nervous about continuing with this contractor, and unsure of how to fire him since he has my materials. Any advice?

Comments (19)

  • 9 years ago
    last modified: 9 years ago

    Are you saying you left the red rosin paper in place and just had him sign that he would be responsible if any issues arrive? Does he sound like a guy who will stand behind that?? I would address that issue NOW. If the flooring company specifically does not recommend that underlayment then your flooring warranty will be voided. Where will he be then ?

  • 9 years ago
    last modified: 9 years ago

    Why do some of the walls have baseboard and others don't? I would remove all baseboard and replace when finished with flooring to avoid any shoe moulding or quarter round. It will give a cleaner look.

  • 9 years ago
    I agree, Margo. I wanted to remove the base, too, but I was overruled by my husband and my loan, unfortunately. There is a lot of patching to be done on the base throughout the house and I am not thrilled with the workmanship on the original trim, but it is what it is and at this point the base cannot be removed and replaced without having to do shoe anyway.

    My flooring doesn't come with a warranty outside of the flooring company, as far as I know, but I will investigate further.
  • 9 years ago

    OK- I just reread your dilemma. They left dents in your refrig from the nail gun and the built ins?? Have you discussed what their plan is to repair these issues?

  • 9 years ago

    How much of this job have you paid for?

  • 9 years ago

    I can only imagine how furious you must be.

  • 9 years ago
    I have only paid for the materials, but the tile and carpet are not on site and the price I paid for the carpet includes installation (so I have paid that). I have told him about the repairs needed, sent photos and my expectations via email, but the contractor hasn't responded yet (just sent this AM) other than to sub out a different crew to complete the installation, which I appreciate.

    What should I expect regarding the damage to my refrigerator and built-ins? Should I just repair them and bill him accordingly? I don't think the refrigerator can be repaired, really. Can I expect him to replace it? I wouldn't stress too much about it since it's the side of the fridge, but the door is dented and there are a couple that are still visible once the fridge is in place.
  • 9 years ago

    A person who does damage needs to make that person whole again. If you took your car in for an oil change and came out with a dented bumper, you would expect the auto repair shop to fix it right?

    I think any work you have done by these people needs supervision on site. I would either be home or find someone to oversee this job, sad it is, but, if someone was there this could have been addressed immediately. So many horror stories. I have my own horror stories and I am always home for my home remodels. It is amazing how fast these things can happen.

    I hope you let us know what the contractor tells you when he does get back to you. These dents are truly unacceptable.

  • 9 years ago
    How could your refrigerator get dented? In my mind I am seeing them installing flooring around it without moving it? Did they not place the new flooring under the fridge?
  • PRO
    9 years ago

    It sounds like you need a "sit down" with all parties involved. You have bought materials and service through a contractor? Or a store that has an installer attached to it? If this is an independent flooring contractor, you may have to figure out some things before you continue. If this is an independent flooring contractor who has your money AND your materials, you are in a very, very, very tight spot. This gets sticky and right quick!

    If this is a store, you have a fighting chance to get this resolved quickly and without much pain.

    I would try to have a face to face with this person. I would have your contract ON HAND (prior to this you would have read it end to end and back again) ready for the meeting. You need to bring to his attention that the "crew" has done damage as well as has use "inappropriate installation techniques" (red rosin paper) when installing and that this is unacceptable to you.

    You will want to draw up an AMENDMENT that includes responsibility for damages AND inappropriate install and what it MEANS to the "installer". It means anything that is damage = his responsibility to remedy (financially as well as materially). Any "improper installation" is remedied by him - both financially and materially. All of this is to be done in a TIMELY MANNER. And put a DATE to 'TIMELY MANNER'. To some people 'timely' = this year...or next.

    Deadlines also help define a legal document. It doesn't have to be written by a lawyer to be legal. It needs words that define the work to be done and damages to be remedied AND a time line. Signatures and dates at the bottom "seal the deal"...that's "legal". And binding.

    Building law is all about what is on the page. Define it and sign it. Now you have something that will go a long way in leveraging this person into getting the job done right.

    Because of shoddy workmanship, I would find an NWFA certifed Inspector and have them ready to inspect the work done on your home...once everything is finished. I would pay the $750 for the inspection...and make their decision the 'final' word on "appropriate install". Write that into the contract that the installer will receive final payment ONCE THE INSPECTION is complete and considered "in good order". Once the install "passes inspection" you pay out the final amount owing.

    Once the installer realizes that a 3rd party will be inspecting the job and his/her payment relies on a "passing inspection" then you might find the work is done to a much higher quality. But you have to spend the money yourself for the inspection.

    Good luck...keep us posted.

  • 9 years ago
    Thank you all! I never received a written reply from him regarding the damage to my house and he did avoid my calls for a couple days, BUT I eventually got a hold of him. He got a new install crew in to finish the work, and they are very kind and professional and quick. I ordered this floor through a flooring store, it was their in house install crew who did the damage, the owner of the store is the one who was avoiding me. He pushed back when I asked him to pay for the repair to my walls because he had to hire an outside company to complete the hardwood install and finish, so he was already in the hole on the job (which I know is not my problem, but I also didn't want him to bail on the job with my materials). Since we were a little over a week behind schedule, I told him my priority was getting my furniture into the house (all of our stuff can fit in the master bedroom, but it needs to be carpeted first and is supposed to be done last) so if he can make it happen that my things can be delivered on time and the tile is installed with my contractor's approval, then I will not bust his balls about the walls.

    I also said that I would not pay him the other half of the flooring costs without a signed warranty from him AND the new install/finish company, and he said he understood, and still came the following day to deliver more materials so I don't think he's planning to bail. I reiterated the warranty requirement in an email after the fact.

    I think it is going to go okay. I really just want the floors to be completed. I have been sleeping on the floor for four months and my children are going crazy.
  • 9 years ago
    Two more no call/no shows so I fired him. I picked up my tile but need to rent a truck to get my carpet since obviously he won't deliver it. The outside install crew and finisher he brought in have been great to work with, I want to make sure they get paid. Can I pay them directly so that they aren't held up in any dispute I have with original contractor?
  • PRO
    9 years ago

    If you fired the contractor then the payment of labour is on you. You paid for (and received) materials only. You have "hired" the "outside crew" on your own. You now need to pay them. I hope you have an agreed upon price with them. If you do NOT...then I suggest you sit down and negotiate a price per square foot.

    The argument is now between you and the original contractor. If you paid him/her for labour (of any sort) and that labour was NOT provided, then he owes you. If you paid for labour and SOME labor was supplied, then you a bit more of a struggle.

    If you paid materials only (and would pay labor at the end of the job) then you have nothing more to worry about. You have materials you paid for. End of story. The guys who put it in are now your subcontractors....not his.

  • 9 years ago
    Thank you for your help! I am going to pay the subs directly. I was supposed to pay labor at the end of the job and the original contractor did provide a good amount of labor, but I think that he messed up when he quoted the job because it took them a lot longer than he thought it would. After the subs are paid I think we are quibbling over about 2000$ which doesn't even address the damage to my house.

    He also sold me a different product than promised and put red oak in my house when he was supposed to be matching my original white oak floors (everyone thought they were red oak and I can't tell the difference so I had no idea until the finisher showed up and pointed it out). So I am furious, but also feeling quite dumb.
  • 9 years ago

    I thought I read above that you paid for the carpet and that included the install? so, if that is the case you will have to fight him for the install portion. Did you put this on a credit card? If so, you could put the payment in dispute til solved.

  • 9 years ago
    Thanks for pointing that out! When I added up the material amount I paid it turned out that he had separated the labor for the carpet out, so I am in the clear there. Just need to somehow pick up and unload my 900 sqft roll of carpet myself (?!?) haha.
  • PRO
    9 years ago

    Chat with the carpet installers. These guys often have all the tools (including cargo vans) to pick-up and deliver carpet. Ask them what they would charge you if they went to pick up your carpet and brought it to the job site. I would bet it would be easier than wrangling a rental van and getting another set of hands to help you.

    These guys move this type of stuff all the time. If anyone has a handle on how to move carpet, it would be a carpet layer. They will charge for time and gas...but for them it is another way of adding a few dollars onto their job...which most will do without much trouble.

  • 9 years ago
    They actually won't go pick it up. We live in a smaller town and he doesn't want to risk his business relationship by picking it up. The other installer I called would not either although everyone has offered their ideas.