You have an action against the contractor. Unfortunately, insurance companies and repair contractors have developed an unhealthy relationship and the norm is to have substandard construction.
Here is an important distinction that you should be aware of: there is a big difference between poor workmanship problem vs. defective workmanship problem. If the contractor’s work is sloppy but meets the minimum standard of care for the industry and the state (and or local) codes, then it is not considered defective.
For this reason, it is important that you consult with legal counsel, and counsel’s recommended flooring expert, to ensure that your floor and your claims are fully understood before you agree to, or pursue, a resolution with your flooring contractor and/or general contractor.
If you have a problem with your new hardwood floor or engineered wood flooring at your property in Washington or Oregon, please feel free to call us at 206.626.5444, or email attorney Dave von Beck at [email protected] to see whether and how we can help you.
This can be caused by inadequate fastening or, in the case of a “floating floor” (such as when an engineered wood product is placed without fasteners on the subfloor), because the installer left inadequate room between the border of the floor and the surrounding wall.
This is typically caused by excessive moisture in the subfloor at installation, whether from a wet crawlspace or wet subflooring (such as from a leveling compound that has not been allowed adequate time to dry, or wet concrete or subfloor sheathing). This moisture is then absorbed through the back of the hardwood flooring. The wetter bottom of the flooring expands while the drier top of the flooring does not. The edges of the flooring boards curl upward so that the edges are higher than the center of the boards, creating a “cupped” appearance. If the cupping is severe even after elimination of the moisture (such as by heat or other method of eliminating the moisture below), severe damage can occur to the floor and even the baseboard, so that both the floor and the baseboard trim require replacement.
Firing your contractor may seem obvious, but it's not an easy step when things go seriously wrong. Your contractor could challenge the firing in court as a breach of contract: You must show that he breached the contractor agreement first.
The catch: A contractor could sue you for libel over a bad review. State laws vary, but truth is a strong defense, says Atlanta attorney Alan Begner, a board member of the First Amendment Lawyers Association. Still, a big contractor with deep pockets could force you to spend tens of thousands in your own defense.
We all know that remodeling can be a hassle. But occasionally a construction project turns into a total disaster and you end up at odds with your contractor -- even though you thoroughly vetted the contractor and the remodeling contract before signing. Shoddy workmanship, unexplained delays, and amenities that never get installed can lead ...