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mmchave29

who’s fault is it?

8 years ago
How does an inspector determine if the store or the installer is at fault?
We purchase tile from a store and the first trip we got 13 boxes, went the following day and got the rest.
Our contractor had started on the floors and continued after we brought the last of the boxes. We then saw the tile was a slightly different shade. We went tot the store and were told it was the contractors fault for not checking the lot dye on the boxes; after the manager admitted knowing this and not saying anything g the day we purchased and the day we went to pick up the remaining boxes. Told us we could hire an Inspector to make the determination. Does anyone have experience with this? I hate to pay more money.

Comments (33)

  • 8 years ago

    Are the tile store and the installer both agreed to follow through based on the opinion of the inspector? If they both agree then I can't see the harm in asking for the inspector to act as a type of mediator.

    I think since you bought the tile, you need to assume some responsibility as well. I can't see how any one person can be held accountable here. If both the installer and the tile store are feeling generous perhaps they'd both agree to some compensation.

    What is your end game? Are you hoping/planning to rip out the entire job and start again? Can you get more tile to match in the same dye lot? Can your installer give you some certainty that the offending tiles can be removed without damaging others?

    I struggle to see how an inspector apportioning blame in this situation is going to help with the final outcome.

    Discuss the issue calmly with both parties and try to come to some agreement for how to proceed so that you are happy with your floors.


  • 8 years ago
    Whoever buys the material assumes the responsibility.
  • PRO
    8 years ago

    Unfortunately, it sounds like your tiles were off the shelf so to speak; you bought them over a period of time. Installation means acceptance; what will an inspector determine? Everyone knows that different dye lots were used. Buying from a tile store would have avoided the issue of different lots.

  • 8 years ago

    If the consumer buys the material, they are responsible.

    This is the same with all purchases if you buy a faucet that breaks a few months later, it’s on you to pay the plumber to replace it. If the plumber had bought it, it would have been their responsibility.

    PS I’m a consumer, not a pro.

  • 8 years ago
    What would an inspector add to the equation? Everyone knows and agrees on what happened, so there’s nothing to inspect. An inspector won’t tell you who is responsible (that’s what you’re presently fighting about).
  • PRO
    8 years ago

    Is on the consumer that bought the tile. It’s not on the store to check or question what the customers choose to pull off the shelf, particularly over multiple purchases/days. It’s not really on the contractor either. They did do a nice job working the tile difference.

  • PRO
    8 years ago

    In most circumstances the onus is on the purchaser to make sure they have received the right product. When you bring the tiler in he/she installs what you provide. When the tile installer supplies the product then they are the purchaser and as such the onus is on them to make sure the received product is correct. Most of the tile dealers I work with have a cautionary note on their invoices stating that it is the purchasers' responsibility to check dye lots. Not sure what an inspector is going to do other than confirm that you have two differing dye lots, you already know that. Inspectors do not arbitrate responsibility, they just attempt to determine what went wrong.

  • 8 years ago
    I may disagree depending on the facts. If this was an off-the-shelf purchase, I think it's the consumer's responsibility to make sure all boxes came from the same lot. It was purchased from a tile store in a single transaction and was just picked up over two days, I think the tile store should have fulfilled he single order from a single lot. That said, it would have been nice for the installer to give the homeowner a heads up that it was a different color, but I don't know that we can place any fault there.
  • PRO
    8 years ago
    last modified: 8 years ago

    It's on both of you. First you, as you buy enough to do the entire job the first time.. Every porcelain tile will include a RANGE of color within any style/color. It is on the tiler AND you to open and inspect. It is on the installer to mix the tiles as he installs, unless so glaringly different they can not be mixed at all.

    If these were purchased off a shelf in a big box, or warehouse surplus type venue? Don't expect hand holding from a sales person who is there to retrieve and ring a sale.

    You can cancel the "inspector" who will tell you what I just told you.

  • PRO
    8 years ago

    In this particular situation I would say the issue is between the purchaser and the supplier. The OP indicates that the store manager was aware that the second batch of tiles being picked up were a different dye lot, the store manger should have informed the OP of this fact, not blame it on the installer.

  • PRO
    8 years ago
    last modified: 8 years ago

    The manager knew what every tiler who has tiled for over six weeks knows! Virtually all porcelain tiles have a range, and that is WITHIN any given "dye lot".Everyone shares the blame, but I doubt there will be any solution other than a re do. Perhaps the store will discount........but the labor to install and fix, likely will not be.

    Answers are same with ANY tile.

    Ensure quantity is adequate the first time

    Open and inspect.

    Assuming RANGE is acceptable, no quantiy affecting sq footage damaged?

    Mix well and install !

  • PRO
    8 years ago

    What inspector would get involved at all. You should have checked the dye lots and at best the store manager should have informed you of the difference . I am trying to figure why you put tile there in the first place it would have looked much better with the wood floor all over.

  • PRO
    8 years ago

    Technically the "fault" lays with the purchaser. The installer used "poor judgement" by continuing to install the new tile after seeing the shade variance. He should have shown it to you so you could return it and request the remaining order come from the same dye lot. The process a professional uses has been described in previous responses. The installer inspects and lays out the tile in advance of setting to achieve the proper shading. If there are great variances the installer should show it to the homeowner for approval or rejection. This was not possible in your case as you didn't provide all the tile in advance. This is why we prefer to order the tile for our clients. Most of the time they never even hear about something like this as we discover the problem and handle it immediately (return and replace). See these two marble moldings? They are in our office so that we can send a picture to the supplier along with the quantities involved. The homeowner doesn't even know there's an issue. WE purchased them so WE are responsible for getting the correct product. There's always some variation, but we have determined, based on the use and design, that this is unacceptable and we will have no problem, given our relationships with suppliers, getting them replaced. As a consumer, if you purchased the product, the responsibility lies with you.

  • PRO
    8 years ago

    I always caution clients as to the potential consequences should something go wrong if they supply the product. This happens time and time again, where everyone blames everyone else. It's not always right to put all of the fault on the last person who touches the product. Yes, they do have a level of duty but that in itself does not elevate everyone else from their duties and responsibilities. I have run into this specific issue in the past, at the time of tiling due to poor lighting conditions and the fact that the tiles laid the day prior were not perfectly cleaned the slight shading variance was not obvious, it was only after the floor was fully cleaned that you could see the difference. Fortunately there were not too many tiles involved and the tile store supplied replacement tiles and the tiler absorbed the replacement side of things. This however was more of a GOOD WILL gesture on their part, pays to deal with reputable suppliers and trades that take pride in their workmanship.

  • 8 years ago
    Add me to the list of those not understanding the "inspector" theory.
    I am a bit confounded(sp?)that the installer didn't notice the color change and speak up. That said, having built a home in the last 2 years, nothing surprises me about nuttin. You digg?
    Bite the bullet and buy the correct color tiles. Good luck!!
  • 8 years ago
    last modified: 8 years ago

    You’re acting as the GC. The GC owns all the job problems. It comes with that “money saving” mentality of trying to act beyond your depth. You ordered it. You hired brainless labor. You own it.

    It’s your responsibility as GC to inspect product and to fully instruct your hired “tile guy” on the whole shebang. You didn’t hire a professional. You hired labor to do as he was told, by you, the GC of the job.

    An actual tile professional would not have allowed a homeowner to order and pick up materials from a seconds store, and then show up and work with guaranteed dreck. That knowledge of quality sources, and the experience inspecting the material would be part of why you hire a Pro.

    A pro controls the whole job, materials and labor. You didn’t want the expense of hiring the job done right. So the job wasn’t done right. And you own it.

    Dont try to hire cheap next time. Don’t take on being the GC again without understanding that job responsibility. Get out of your own way and hire real Pros.

    https://www.ceramictilefoundation.org/homeowners-guide-to-hiring-qualified-tile-installer

  • 8 years ago
    Many homeowners have a GC but supply discretionary items like tile.

    Who then would be responsible if the tile setter failed to inspect and lay out tiles appropriately.

    I realize that people should take precautions but at some point isn’t it reasonable to rely on the expertise of the GC and the tradespeople to whom work is delegated?
    Isn’t that the kind of thing one is paying for?
  • 8 years ago
    last modified: 8 years ago

    Who is this "inspector"? Where are you finding him/her? That idea makes no sense.

    What the installer should have done is notice the shade variations, and installed the tile in random patterns of shades. Instead he installed all the darker ones in one area and all the lighter ones in another area. Since tile shade variations can occur even with tiles that are in the same dye lot, it is Tiling 101 to install while eyeballing for random shade patterns in laying the tile. Even the tiler apprentices who are one month on the job know this.

    I am also not following why you bought tile in two parcels. Didn't the tiler tell you how much tile was needed for your space from the getgo? Or did he get that wrong too?

    I'm also not understanding how the tile was laid/cut where it meets the wood floor.

    Your fault for hiring a bad tiler.

  • PRO
    8 years ago
    last modified: 8 years ago

    Dragonfly is correct, the fault lies at purchase this is common industry knowledge. This is why People should indeed have their contractor BUY THE TILE. By doing so they take on liability for you.

    People today shopping deals, bargain stores, and think they are shaving costs, these are typically the same type people that go priceshopping for the craigslist install deal. Unfortunately these same folk come to houzz for a shoulder all too often...

    Here i fear we have a perfect storm...followed by the comment "I hate to pay more money"

  • 8 years ago
    last modified: 8 years ago

    IMO, everyone is at fault. The manager knew but didn't say anything?? huh? Well that says loads about his integrity.

    you as a consumer should know to check the boxes to see if the dye lots match.

    The tiler. He's prob the most idiotic of all. But as Sophie says, he's just a laborer. Any pro tile person knows you don't start a job without all the tile on hand, especially tile like this w/shade variance. every good tiler knows you open all the boxes and lay out your materials, picking one tile randomly from different boxes, as you tile. you do this w/wood flooring and natural stone.

    If the manager had any redemption, he would give you a discount. I'm only saying this because he admitted to knowing they wouldn't match and didn't say anything to you. That's just some shady crap right there.

    you tried to save money, and did, but it bit you in the butt because you didn't follow through.

    and what in gods name is going on w/the transition from wood to tile? why are there angle cuts? did this guy not know how to get a square starting point? The tile should be straight w/the wood flooring. he should have also use a Schluter trim edge piece for that transition. very very sloppy work.

  • PRO
    8 years ago

    Before we completely trash the tiler, the OP stated that they only picked up part of the tile order and then picked up the rest the next day. The tiler set the tiles they had on hand that day and then completed the job when the OP delivered the rest of the tile order. This issue should have been caught before telling the tiler that "the rest of the tiles you need are in the garage".

  • 8 years ago
    last modified: 8 years ago

    There also appears to be variation (as expected) in the first batch. There is one tile over by the cabinets that looks darker than the rest as well and I would assume that would have been done day one.

    I agree, its on the purchaser. The only time I have bought tile and not a GC. I still put in an order at the tile store, they ordered it and I went to pick it up when it was delivered. My installer (recommended by the tile store) grabbed tiles from multiple boxes as he installed them and I think it turned out great.

    OP where are you located? I am not aware of any "inspector" near me who would come out to look at this.

  • 8 years ago
    I need clarification as to why you ended up going back for more tile in the first place, please.
    Did you pay for all the tile including those you picked up the day after the initial pick up/purchase occurred?
  • 8 years ago
    I bought the tile from a tile store and all in one batch, but I could only fit part of the material in my vehicle and had to return the next day for the remaining material. I presented my receipt and the remaining tile was brought and loaded. The installer had begun the job the day before with the initial tile and moved forward once I gave him the rest. This was the first time I had heard of different dye lots, and the store admitted they should have mention it. I understand I can’t put blame on one person, but still feel not all was my fault. Am I wrong to assume that?
  • 8 years ago
    So assuming you are looking for an inspector to ‘rule’ on this we have to ask has both the store and GC said they will abide by the decision? If not, unfortunately you really don’t have a leg to stand on.
  • PRO
    8 years ago

    @Helen, yes it is reasonable to rely on your GC and yes, that is what you are paying for but who vetted the GC? YOU hired that particular GC with those particular subs. It may be a red flag if, when selecting your contractor, you are told that you can purchase the materials. Hire wisely. We are just trying to educate here on this forum. There are varying levels of expertise in every occupation. This particular tile installer I am guessing was not a sub, but a direct hire by the homeowner. I could be wrong but if so, the homeowner is the GC as stated by someone here earlier. Another hint: a real pro will have trade accounts with the quality suppliers. There are varying ways that the purchasing is handled, but in our case we split our trade discount with the customer (which saves them $ off retail). The "deal" they are getting by purchasing themselves may not be such a deal. Another hint: If someone asks us to install tile they are buying themselves, in most cases, that is a red flag for US and the homeowner may be limiting their pool of potential contractors as some real pros will not accept the job.

  • 8 years ago
    last modified: 8 years ago

    Dragonfly :. Not to hijack but my remodel is a hybrid as I am supplying stuff like tiles but they are purchased by my designer and I pay her cost plus our agreed upon markup plus sales tax. Since our sales tax is 10%, I mention that as well :-( in other words anything that has to do with style, is bought through my designer since I am relying on her design sense as well as expertise versus materials supplied by GC which are fungible construction materials and/or bought to specifications. I not supplying wires or pipes but I am supplying even the rough plumbing such as diverters since my designer and I are deciding in the trim and the rough needs to be compatible. I am supplying toilets but whatever else they need for onstallarion, they supply.

    i do appreciate the education as I asked my designer about tile variation and laying out tiles after seeing some horror shows on threads in this forum and she told me that it is laid out prior to installation. So I assume even if I am buying tiles, I can rely on expertise on the people I’ve hired and I have seen the tile they’ve done in showers.

    Of course I did make sure I got the wood I paid for in terms of actual model number but I am going to rely on the installer to make sure it is installed with a correct mix of lengths and patterns and shades. Again I paid for the wood separately through my designer and the GC is supplying labor and the under floors (cork, plywood, self leveling and glue). I also verified that doing an aesthetic layout is part of their skill set and their responsibility. I saw a herringbone floor they installed which is gorgeous and my simple 3” oak floors should be a piece of cake I hope.

  • PRO
    8 years ago
    last modified: 8 years ago

    So Helen, you are doing (in your description) what you should thus far. As a homeowner, you do have to be involved. Tell your installers to provide you with a sampling of what to expect once they have your actual selected materials. We lay a section out and ask "what do you think"? One of the biggest mistakes I have seen in 35 years in my trade, is that homeowners see a "piece" or a showroom "board" and this is what they expect. Anytime you are selecting ANY material, you want to see multiples of this product from current dye lots so you can see the variation. Even when we order samples of something like subway tile, we want multiples so we can inspect and show the client what to expect (like hand made verses man made/rectified and the differences that will occur when installing these according to industry standards). Do remember that our clients pay us to take these extra steps. It is labor time after all. But then, they are not tearing it out and re-doing it, or simply regretting their choices. Oh and Helen, you said your designer is purchasing them. That is not the same as providing them yourself. The designer is now taking responsibility. She or he will/should be monitoring the lay-out and inspection with the installers and handling any issues.

  • PRO
    8 years ago
    last modified: 8 years ago

    He/She who pays supplier for materials is responsible. Always.

    "your designer is purchasing them. That is not the same as providing them
    yourself. The designer is now taking responsibility. She or he
    will/should be monitoring the lay-out and inspection with the installers
    and handling any issues."

    Remember above. : ) Save it. True 100%

  • PRO
    8 years ago

    I’m working on a job where the homeowner and I picked out the materials, because I have access to quality trade only suppliers that many tile contractors use. The GC has his various subs on the job, including an as unknown to me tiler at the time. I requested to meet with the tiler to assess his comfort level with our choices before finalizing. The GC said he would handle it and the meeting wasn’t needed. Not my call on this job. Not how I prefer to work, unless I have a history with the Pro.

    But the design book bible had the tile specs, grout specs, layout pattern, and relevant TCNA citations and diagrams. The GC used that to talk with the tiler. He still missed things that I had to go back and talk about.

    When the order was in, I went to the supplier and had them verify that all the dye lots were the same before it was picked up. Then I had them pull a couple of tiles from a couple of random boxes of all the tiles to check against sample color. All before it was picked up. It’s easy to send it back at that point if there’s an issue.

    Then I met the tiler at the house and we went over the design bible. I listened to him, to hear his experience level. He listened to me to get the idea of the aesthetic. We talked about how he was going to manage to not have lippage with the LFT. And he was appreciative of a quality tile being chosen that helped to make it easier to set.

    I don’t hover. But I’ve been to the job site 6 times, and we are just now at starting the grout. Because it may be the GC’s job, but it’s my job too. I represent the homeowner’s interest.

    All of those things are what a homeowner needs to do when they are the ones selecting tile and hiring a tiler.

    They need to understand the individual job specifics enough to be able to actually buy quality material suited to the conditions. If you’re supplying poor quality, or a mixed dye lot, that ruins the possible result before even starting. That has to happen way before you schedule your labor to show up.

    Tiling is a job where experience and skill demand a high paycheck. If someone isn’t charging a decent market rate, or not wanting to control the supplies and specifics, then their experience and skill is lacking. They cannot be called a Tile Professional. Maybe a tile laborer, who needs to work under a Professional. Which is why I have made the 6 trips, plus the other 2.

    Tiling is not plug and play. There are dozens of variables that need to be considered.

  • 8 years ago
    Keike-we paid for all the tile, but could only fit so much, with the other material in our truck so had to go back the next day for the rest.
  • 8 years ago
    mmchave29, OK. I wasn't there obviously, but I wonder why the store didn't go ahead & pull all the tile you paid for at the time of purchase. Or did they? Finding it doesn't all fit in your vehicle is a little snag but they have your money & you promise to return the following day so why would the product be returned to the warehouse shelf? Leave it nearly stacked near the loading dock or door or whatever. Perhaps the store owner is coming for an inspection and things need to be ship shape? I can think of many little questions. Details details. Unless I'm missing something in the details, I'm changing my opinion to; Knowing you bought all the tiles at one time but hit a snag when you couldn't get everything in your vehicle, promising to return next day I'm changing my opinion to, It's mostly the stores fault. Keep us posted