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dshulik

Is tile contractor liable?

10 years ago
We recently had back splash tile installed in our kitchen. The tile was not cheap, nor was the licensed contractor who installed it. The problem is that my wife and I are not tile experts but we know what looks right and what does not. The tile came in 12x12 inch sheets and for some reason, the way they are manufactured causes there to be an obvious "zipper" look in between where each sheet was installed. In other words, with the way the tile contractor laid the sheets, it is quite obvious that these are separate 12 inch sheets of tile. We found that if the sheets of tile are laid directly touching one another so that the right-most tiles of one sheet touch the left-most tile on the adjacent sheet of tile, the appearance of a "zipper" all but disappears. Not the best since this approach would leave visible seams but so much better than how the tile was actually. Laid. The contractor never called to tell us it was looking strange but he also didn't try another approach. So he simply laid it with equal spacing between sheets consistent with the spacing of the individual pieces of tile adhered to each 12 X 12 sheet. It looks terrible and he even told us he and his worker noticed a zipper look right away. We were told by the installer after we complained about the appearance of the zippers every 12 inches on our kitchen back splash that most tile like this has much more variance in the length of the tiles at the edges of the sheets and that tends to make any transition between sheets nearly impossible to see. After looking at photos of the tile product we have on the manufacturer's website and seeing that the tile we purchased shows much more variance at the sides of each tile sheet on the website pictures than what is the case with the tile we were sold,we asked the tile shop to contact his vendor and send photographs of the installation to the manufacturer (Soho Studio Corp in Brooklyn, NY). In response, Soho sent us a letter stating that there is absolutely nothing wrong with the way their tile sheets were manufactured and that they meet their design specifications. They also said they have no liability once the tile is installed. There is similar language in the fine print of tile shop's invoice, Tile Connection in Reseda, CA. We noticed that the tile shop owner can't provide a signed copy of our invoice so not sure if the fine print is legally binding or not. It's not surprising that they don't want to take responsibility. The shop owner that sold the tile also won't attest to whether it looks wrong or that the installation looks wrong because he fears that the tile contractor will write a slanderous review on a review website. We don't feel that the tile installer gave us any options here. He should have stopped to call us and ask what to do since he knew it didn't look right early on in the process and he even admitted this to us. We decided not to pay him because he threatened to file a mechanics lien. We also opened a claim with the CA state contractors licensing board. What can we do? Also attached is a photo showing the difference in appearance between having tile sheets touch versus not touching with some uninstalled tile. These are 6x12 pieces because the tile contractor cut all of the remaining sheets in half. One row of the zipper as it looks installed also shown. We have about ten of these zippers. Is this substandard installation regardless of the way the tile was manufactured?

Comments (69)

  • 10 years ago
    @ Live_wire_oak:

    I pulled my permits as the owner-builder and have been hiring licensed and insured professionals. The tile shop owner should have known there was a problem when he and my wife looked at the tiles together upon delivery. Unfortunately I wasn't there to deny delivery nor did I know what I now know about tile. Installer should have known better when he saw the tile material stopped. He admitted being aware of the problem but continued to install the tile leaving me nothing to return for a refund. Clearly the tile we got isn't the best and didn't look like the pattern they advertise on their website. Clearly tile installer and tile shop owner should have both stopped things from getting to the next step. They chose not to because they wanted my money. It's as simple as that. I don't see how I should somehow be the responsible party if I'm paying people who are licensed business owners and installers specializing in tile when they should have known better.
  • 10 years ago

    Live_wire_oak-- I was under the impression there is no GC. Homeowner hired tile sub directly, right? Otherwise I would agree it's the GC's job to catch stuff like this.

  • 10 years ago

    The HO has assumed the roll of the GC, but is not willing to accept what goes along with that responsibility.

  • 10 years ago
    Mill workman,

    How does my being an owner-builder and not having a GC make it ok for pros who should know better, to be immune from their own poor decisions? Would I be responsible for poor work by a surgeon if he is supposed to know what he is doing? I can no more guide a contractor than I can guide a surgeon on surgery not being licensed to practice myself.
  • 10 years ago

    D Shula, the problem is that each person did their jobs and nothing more. The tile salesperson sold you the tile you chose. The installer installed the tile you gave them. The result was aesthetically problematic. In my view, the only person you can possibly pursue action against is the manufacturer if the product was misrepresented. Unfortunately, they are unlikely to take responsibility for anything more than maybe providing you with replacement tile. I.e., there's no way they're going to pay for demo and reinstallation.

  • 10 years ago
    Not sure why the line is straight down-- tiler should have staggered the pieces
  • 10 years ago
    last modified: 10 years ago

    It does sound like it could be a manufacturing vs. installation issue because a tile installer would not typically volunteer that they noticed the zipper effect if they believed it was due to their own poor installation. To clarify, did the tile installation company order the tile on your behalf or did you order it independently from elsewhere and give it to the tile installation company to install? Also, have you signed off on the installation? I think that makes a difference.

  • 10 years ago
    I installed small tiles that came on 12x12in mesh sheets on my backsplash myself. They were very regular but I have no zipper look. The problem is that the installer left larger gaps between the sheets than the gaps between the tiles on each sheet. It is an installation problem, not a tile problem. Should have used spacers but was lazy.
  • 10 years ago
    Oh and they should have been staggered like bricks as well, so the ends didn't all line up.
  • 10 years ago
    last modified: 10 years ago

    That looks like one possibility to me as well:

    more spacing and therefore whiter/wider grout line (installation issue)

    variation in adhesion material on back of tile (installation issue)

    uneven surface prior to installation (prep. issue)

    variation in tile depth (manufacturer's issue)

  • 10 years ago
    last modified: 10 years ago

    Agree with Grover, there should be much greater randomness of the edges of the tiles on the sheets attached to the mesh. No matter how the tile is installed, the zippering would be obvious. Don't know who's at fault, but the problem is in the manufacturing. Tiles along the ends of the sheets should have a greater stagger.

  • 10 years ago

    Some mosaic has little variation at the edges.

  • 10 years ago
    last modified: 10 years ago

    Yes, it is the fault of the GC. You probably have a lot of other situations where you don't know what you don't know. But, that's the role you chose. You have to take the lumps in the sugar bowl, because that is your JOB. You own the screw ups that are the result of finger pointing. You don't have any leverage over one off jobs to use for anything to your advantage. You get to order more tile and pay for it to be installed, because that is what you signed up for when you signed up to be the boss. The buck stops with you. If you have a problem with the tiler, you do what any other GC would do. You don't use him again.

  • 10 years ago
    last modified: 10 years ago

    Elle- I would suggest that there is less variation at the edges in your example because the tiles are short and regularly spaced. Patterns having many longer individual tiles and a more irregular arrangement would require a greater stagger at the edge.

  • 10 years ago
    The contractor should have not aligned one tile above another on a straight line. He should have put them above another on a diagonal alignment. The end of the tile above should have been in the middle of the tile under, for example, like a staircase principle.
  • 10 years ago
    last modified: 10 years ago

    This happened to me, almost. Mine was a narrower accent strip, but the tilers were telling me that it won't work. I told them that they will, but you have to flip the next tile in the row upside down...

    I should not have had to do this. They should have known.

    It's interesting in these problems who is at fault, though. It's sad that it's you that has to go through it. I don't get how, if something is obviously off, they don't tell you before proceeding...people should know that you need a good reputation in order to stay in business...

  • 10 years ago
    For those of you who would side with the contractor and say it's not his job to stop even if he knows the outcome will be bad simply because he didn't select the tile consider this: you have a car with a bad starter motor. So you go to the local parts store and get a new one. You don't buy the cheapest one you can find. You decide you want it to be a good one. So you buy the more expensive one that looks good. You don't know the first thing about how it's engineered. The salesman knows he gets a bonus for every one of these he sells yet he is experienced and knows that actually this particular model starter motor has a problem. But his sales slip says no returns, especially after being installed. So you take it down to the shop with the best trained installers in town. Also not the cheapest, in fact one of the more expensive shops. They are experienced and know a good starter from a bad one and identify the problem with it right away. Yet they decide rather than letting me know, to just go ahead and put it in to get paid. It never works right and they knew it wouldn't but they figure maybe I won't notice the problem. This isn't the first starter motor they have ever seen and they know how to tell the good ones from the bad ones. They also know that if they tell me the starter motor is bad, they aren't going to get paid for the time they otherwise would have been spending installing the starter motor. And so you say it is my fault as the guy buying the tile and hiring someone to put it in? I think anyone who thinks in this way doesn't fully appreciate the concept of business ethics. It's about doing the right thing for the consumer. This is but one reason why it is advisable to use contractors who are licensed and insured and why there are business licenses or tile stores. It's not all about fee revenue for the government, it's supposed to be to protect the consumer. Where is the accountability here? I appreciate all of the replies but I simply don't see why I should have needed a GC to do a simple back splash job so that I have a fall guy. The GC would have had the same issues to deal with. So a GC should have been the one to get screwed? No. People who sell and install tile for a living need to be accountable for their actions. I intend to make sure that is exactly what happens. Any problem naming the tile installer here? I wonder....
  • 10 years ago
    It's not the edges, leveling, spacing, or grout that caused this, look at the placement of the smallest pieces--there are more small pieces only near the seams. These extra prices throw off the whole pattern repeat. The tile designer/ manufacturer did a bad job and I can see how you missed it until it was fully installed. Good luck!
  • PRO
    10 years ago

    D Shula, I think you are trying hard to blame the installer for what happened. He is the easiest one to blame. The way he installed it is the standard way of installing a 12x12 sheets that interlock together. The tile shop that sold it is the middle man and they deal with hundreds of designs. The bottom line is, the tile is badly designed and there is no way to install it correctly. It was going to look bad regardless of how you install it. You need to find resolution to the problem with the manufacturer.





  • 10 years ago
    The tile installer is being punished, by you not using him again. The issue in construction, is when the HO acts as GC there's not much bite in that, as you likely wouldn't use them on a regular basis. Does this suck for the HO? Yes. But that's how this system works. Know the rules before you play the game.
  • PRO
    10 years ago

    I see a few sides of this unfortunate installation. As many people have said there are a few parties at fault so pointing the blame on a single party is impossible and quite frankly may solve nothing. I think that the installation and contracting are the two things that seem to be faulty. When I contract out tile work or am doing it myself I go over every detail with the homeowner before further progress is made... one time is all it takes to realize communication is key. I have seen many "pros" with no sense of design so they will overlook something as simple as this zipper problem. That is where the GC or in your case homeowner needs to be very observant. I have seen it happen again and again homeowners being their own GC to save money and don't realize the extent of babysitting some "pros" require and that in reality it is often cheaper to have a trusted GC who will correct all these issues before they become the homeowners headache. My suggestion would be to try and come to a mutual solution to this problem that will probably require both you and the tile contractor to give a little. The tile contractor needs to provide customer service and there is a median and unfortunately we all loose some money on jobs at some point.

    Good Luck!

  • PRO
    10 years ago

    Am I missing something here ? Looks like installer installed straight seam inline instead of off setting the courses to minimize that effect

  • PRO
    10 years ago

    The contractor hired the installer. He is responsible. It looks terrible. He needs to redo!

  • PRO
    10 years ago

    The homeowner is the contractor.

  • PRO
    10 years ago
    Having installed tile like this for years, I know how frustrating it can be. I have also worked for homeowners who tell me what to do and leave for the day. The tile guy should've staggered the joints and the homeowner should've stuck around to oversee the job if they were acting as the general contractor. That's why general contractors charge a percentage of the total job cost. Next time order a box of tile to view as samples. You have to decide in the beginning of your project, do I want to save money or do I want a nice job?
  • PRO
    10 years ago

    Staggered, inline, touching or with a grout joint, no matter how you install that tilt it was going to look bad and you cannot hide the zipper effect. And actually staggering the tiles on a backsplash was going to even look worse because with an 18" high backsplash you will need one and half tile along the height of the backsplash so the zipper effect was going to look like 12" joint staggered with a 6" joint. The only way this tile would have looked DECENT NOT GREAT if the installer cut each sheet in half and staggered the 6" high pieces to get an allover effect of a brick backsplash!!!!!!! Go after the manufacturer.

  • PRO
    10 years ago
    d shula. Well after installing many back splash tiles in kitchen bathrooms etc. this was a not a good thought process on the installers. they should of stayed in contact with you throughout the entire process so if at any time you are not satisfied you can make corrections prior to a finished job that now your obviously unhappy with. you paid for materials and labor to get not what you wanted. my only advise is to give any installer more details what kind of look your going for and if the tile or whatever materials are being installed are not correct, you get a chance to fix that first issue. sorry your not happy but as part of the tile industry I have 2 ears for listening to my clients and go with what they want and pause if an issue arises immediately. good luck. any further asvise please see us here under Akerman Flooring, LLC.
  • 10 years ago

    If you don't know enough to perform quality control on a job site, then perhaps you are not actually suited to being the GC on the job. That title is earned, and not just by scheduling trades and standing back washing your hands of the outcome. The primary role of a GC is understanding the jobs being done well enough so as to perform quality control, and to perform mediation between conflicting priorities of the trades.

  • 10 years ago

    Out of curiosity- to those faulting homeowner for not hiring a GC on this job, are you or are you aware of a GC who would take a job as small as just replacing a backsplash? In my area I have had difficulty getting a GC interested in small jobs like this since more money is to be made in larger projects.

  • 10 years ago
    last modified: 10 years ago

    It's not a small job. It's a whole house. And this is just one issue that the self GC knows about. There are indubitably others that escaped attention because they aren't as sexy as a backsplash.

  • 10 years ago
    Yes, it has been a whole house and several settlements along the way after building inspectors and my engineer caught stupid mistakes and contractors had to pay dearly to correct them. I had not one, but two GCs that came highly recommended. Both were utterly incompetent and caused problems. That was when I transferred the permits back to me. In this case I haven't paid the tile contractor but he wants his money. He was referred to me by a reputable GC that didn't feel the remainder of work needed at my home was worth his time. I had the same response from one other very reputable GC. I don't hold the installer solely responsible but I do believe he failed in communicating a very important problem before continuing. As a consequence I may have to fight Tile Connection and Soho Studio to get my money back for tile they KNEW would be problematic. As for the installer who thinks he should be paid for this awful job, he should have thought about that when it first dawned on him that there was a problem with how it was coming out. He admitted this to me. I believe that the licensed installer actually wasn't there until the end and that he had a unlicensed and inexperienced guy working for him. I specially told the contractor that he was the ONLY one that was to be allowed to do the work and he agreed. I also told him things like leaving enough room for the electrician to pull forward the adjustable outlet and switch boxes including leaving a reminder note taped on the cabinet in plain view. I may need to fight to get my money back for the tile but this installer didn't earn the money to install the tile because the job result was substandard, faulty tile or not. He had the opportunity to speak up and stop. I would have paid him for the time spent up to the point of the determination that the tile was a problem, but if he was so damn good he should have known the tile was a problem the second he opened up the first box.
  • 10 years ago
    D Shula

    I'm sorry for all your troubles with this. I cannot help you, I'm afraid, but certainly agree it should be redone.

    I thank you for posting this as it brings awareness to me about something I'm not sure I would've thought through. I mean - you see a pretty tile, you figure it's ok to be installed. I will check things more thoroughly because you posted your problem.
  • 10 years ago
    I'm siding with the homeowner on this one, even acting as GC. The installer was acting as an automaton (brainless idiot) by continuing to install tile in that manner without contacting the HO when there was obviously a problem. Collect the money - move onto the next job - not my problem.
  • 10 years ago
    @ Sophie,
    You make it sound like a GC just loses money all day long until he finds people who do jobs correctly. I can see that being the case if they hire unlicensed and uninsured subs who don't have a bond. If I was a GC I might accept the risk of loss for errors by cheaper unlicensed and uninsured labor, but if I pay more for a licensed person that should have some reasonable competency in their trade and if they come with a decent referral, I as GC increase my odds of getting things done right or having some recourse. In my experience, the GCs I hired had a bunch of jobs all going on at the same time and they drive from job site to job site to see how things are being done. Many lack MY level of common sense. As my engineer once said, his mentor told him to always have every detail in his plans because "there is no standard for common sense in the construction industry." I had one GC who NEVER went to my property one single time except to write a quote for the job. I had to go every day to see what was done right or wrong and to instruct the unlicensed sub on how to fix it. I later learned that just having this guy at my home with no workers comp insurance was a huge liability for me. Sure curious why the GC never told me about that little wrinkle. Your assertion about GCs works well in a fantasy world but not in the real one where people sometimes have smaller projects and not multimillion dollar builds where the GC has his nice little trailer and is there all day long supervising everything.
  • PRO
    10 years ago

    FYI, tile setters are not a licensed trade. They have no license requirement.

    And GC's are at risk to lose a great deal of money (and sometimes we do), particularly in the remodel business vs new build. There is no way that a tile setter is going to abut pieces of tile without grout in between them. You may think it looks better, but there is no standard in the industry for that and it should not be done unless the tile manufacturer specs it for their product. The next time he sets that tile and does it the way you think looks better, some other homeowner is going to scream and whine about it not being right - it becomes a lose/lose. At least if the tile setter follows normal installation standards, there is something to fall back on.

    That is why work is to be supervised and there can be no assumption that everyone else understands what you think you want. There are issues with every mesh mounted tile that I have ever seen. It is not as easy as folks that have never tried it think. And what may be visible after grouting is not always noticeable before.


  • PRO
    10 years ago
    @ D Shula it sounds like you have been through the ringer with a few contractors. I am sorry to hear this and see it all to often. Unfortunately there is no standard for GCs or anyone in the construction industry. I take jobs big or small, I know others who like you mentioned never even go to a job site and only focus on the money maker jobs. As a GC we are to provide a great customer service experience and unfortunately greed or lack of people skills gets in the way for many! Even with fully licensed/insured subs one runs into issues. Happy 4th and I look forward to hearing about the outcome of this awful situation!
  • 10 years ago
    A tile backsplash is small potatoes here. I can't even find tile guys to do it let alone a GC to oversee the tile guys.
  • 10 years ago
    There have definitely been some really good contractors I've used along the way but equally as many bad ones. I have attempted to only use people who have good reputations but unfortunately "good" is subjective. My opinion is that anyone who expects to be paid for a job should know that it needs to be done properly. If that can't be done, then they should stop. Base upon numerous examples of common sense being absent with other contractors to this point, I might have believed the installer was too ignorant to realize the problem. Except for one thing: the contractor specifically told me he saw a problem early on. He was pointedly asked why if he realized this he didn't call me. He sidestepped the question so I asked again. The response was, "I see where this is going" and he abruptly ended the call followed by a text message threatening a mechanics lien. I immediately filed a complaint with the CA state contractors licensing board. Funny thing is, I was seeking an amicable resolution and never said I wouldn't pay him. I quickly decided not to pay when I received a threat of a lien. I don't negotiate with terrorists.
  • 10 years ago
    last modified: 10 years ago

    "I don't negotiate with terrorists."

    I understand you are upset, but I would take more care with the words you choose, especially if you post things like this with specific individuals or companies.

    They are not trying to invoke terror. If they were, they wouldn't just take steps on recovering monies from unpaid services, but actually threaten your life and family through phone calls and visits to your home and work. This isn't the case.

    You might want to be around for major installations next time, or not, if you want to keep going through this.

  • PRO
    10 years ago
    @ D Shula he sounds like a tile terrorist! The good news for you is most laws protect the homeowners... Contractors get screwed in most situations... This sounds like it is well deserved. I am always blown away how a "pro" who very well may have been doing their "job" for years is so unable to resolve such situations. A little extra communication can help avoid every possible problem. Common sense is non-existent on a construction site until you have reason to believe otherwise.
  • 10 years ago

    D Shula, even though you haven't paid, did you sign off on the installation once completed or not? And you purchased the tile on your own from somewhere other than the installer's company, correct? I agree the situation is frustrating but I see the issues and outcomes as relatively straightforward.

  • 10 years ago
    No Elle,
    I did not sign off on anything. A dialogue began and it was rather short because tile installer became obstinate and evasive.
  • 10 years ago
    last modified: 10 years ago

    Just read Soho's disclaimer which is probably standard for the industry. Guess they are off the hook for this one.

    .

    Claims: Purchasers understand that all tile is subject to variations in technical specifications. Additionally, purchasers acknowledge that they will inspect and accept shipments with the full knowledge and understanding that any claims concerning the acceptability of the product must be presented to Soho Studio Corp and resolved prior to its installation.

  • PRO
    10 years ago

    Flopsycat1, we can't even get a tile manufacturer to stand behind their products against lippage. If we place a special order for large format tile and call the manufacturer in advance, they tell us it can't be returned if we find that the tile cannot be installed for the intended use - even if we catch it before installation and try to return it. "Special order tile is not returnable" is the standard. It is a difficult business, to say the least.

  • 10 years ago
    last modified: 10 years ago

    Installation constitutes acceptance in any instance in the industry. The time to head off problems was on the front end, when you inspected the tile and did a dry lay. You are acting as the designer and GC on this project, and you own the details. If the details aren't right, then you either weren't specific enough in your design instructions as the designer, or your overseeing of your subcontractors was inadequate as the GC.

    The contractor will end up having the lien upheld. Start planning on what you are going to do when that happens.

  • 10 years ago
    Green designs,
    Are you a lawyer? Thanks but I don't need predictions. Was seeking different points of view here. If you have a logical explanation on why the contractor isn't at fault, fine. There are ways to post a bond to detach my property from any lien with proper legal counsel. I haven't bothered mine over the holiday weekend. Any competent tile installer should dry fit first and alert homeowner or GC if a potential problem presents itself. If I planned on being there to babysit I could have learned how to install the tile on my own. I certainly would have stopped almost immediately in light of what pattern would have appeared.
  • 10 years ago

    D Shula,

    I actually am a lawyer. The whole lien issue is going to depend on your jurisdiction. The contractor may not actually pursue a mechanic's lien, depending on how difficult it is to perfect where you live. If you try to resolve this matter in small claims court (and I'm not recommending that), just be sure to include all three parties (manufacturer, seller, and installer) as defendants. That way when one person tries to blame the other, you have that person there to answer. I'm not optimistic for you, but best of luck!

  • 10 years ago
    last modified: 10 years ago

    Hello D Shula, I still do not think this situation can move forward until it is finalized whether there is an objective issue with the tile manufacturing, the tile installation, both, or neither. I do not think the current combination of claiming the apparent zipper effect and that the tile installer should have called you when noticing it are enough to package together with a level of specificity and substance to strongly argue that the manufacturer, seller, or the installer is responsible. Without objective conclusions about the product and the installation, I think it will be difficult or impossible to move this situation out of its currently stalled position. While you were in the general oversight role, that is less relevant if the product or installation did not objectively meet specs. so I cannot imagine a reason why you would not nail that down first. The manufacturer, seller, and installer are not going to give you that so I think you need to get third-party expert opinions. On one end of the spectrum of outcomes, the product and installation met criteria and it is simply regrettable you were not present to see and stop the process based on your subjective preferences. On the opposite end of the spectrum, there are objective issues with the both the product and the installation. At this point, it is unclear where you are on the spectrum so I think you need more objective information to back up your position. Good luck!

  • 8 years ago
    Update: (not sure if photo will be attached as since it shows a red negative symbol as I write this) Hours of chipping grout, cutting individual pieces to size and placing them got things back in order. I did this myself and addressed three areas where the tile wasn’t on the same plain or where the zipper effect was most pronounced. Having coffee maker and assorted kitchen items definitely helps to distract the eye from the few remaining zipper areas. As for the contractor, a claim to the CSCLB got his attention and led to our settling for 50% of his contract price. I can live with that. Tile store owner and Soho Tile took no responsibility but I’m not willing to put the time in to sue them since I have more important things to spend my time with. Thanks to all who posted even if we didn’t see things the same way. Was good to hear different opinions on the matter to gain perspective.
  • 8 years ago

    This looks nice now! You did a nice job fixing it. For what it’s worth, I had to fire my structural engineer when he provided inadequate details for the permit and refused to revise his work. He was asking for my contractors to tell him what to do (they know his work was bad, but they aren’t licensed and insured to do the structural work). The county had a 3 page barf fest checklist with revisions (things like, specify tie-ins to stem wall, bolts, etc). I had to eat his costs and hire a new engineer to redo the files. I can’t imagine a GC putting up with an engineer like this either (although my architect hired him). In my situation, the best thing was to get this guy replaced with someone competent before he did anymore damage. I’ve saved so much money on this renovation by being my own GC. It’s literally 50% - I could afford to redo the kitchen again for the money I saved.