Houston
Sponsored by

Legal Advice/Suggestions - Got screwed by a contractor

4,287 Views | 26 Replies | Last: 7 yr ago by ThunderCougarFalconBird
CLB2008
How long do you want to ignore this user?
AG
Ok, let me start by saying that I am fully aware that we should not have used this guy, done more research, etc. That out of the way, here is our situation...

Our realtors recommended a contractor to us that installed floors in their home. He came over to our house in February, we showed him the product we wanted to use (a bamboo floor from LL) and he said that he could get it done. They started the project in March. After ripping up the old laminate flooring, it was apartment that we had a "hot slab" meaning that there is general moisture that will always been in our slab, a common occurrence for older homes in Houston. We now know, after speaking with numerous flooring companies over the past month, that when it was clear we had a "hot slab", a moisture test should have been done. A moisture test was never done. The contractor's crew used a Mapai adhesive that is used for moisture situations, however since a test was never done, the moisture level that this specific product can handle (per its own product guide and warranty guide) was irrelevant. If a test would have been done, we could have used this in a warranty claim. Long story short, the floor failed after a week of being down. Since it was glued (his recommendation to glue it rather than do the floating floor method) and had to all be ripped up, we are out $5k in flooring that we bought. Another flaw in the process was that he brought the floor into the house to acclimate it to the environment in our house, but he never cut the plastic open, so when it was down during the first week, that's when it expanded and acclimated.


After it was all ripped up (we have been on concrete since middle of April) he was blaming our foundation. So, we had 4 different foundation companies come out. None of them said we had foundation issues that needed attention and certainly nothing that would have caused the floors to fail after a week. We also had multiple flooring companies come out and all of them had the same comments. 1. Bamboo should have never been glued in a "hot slab" situation. 2. A moisture test should have 100% been done. 3. You have to use an adhesive that is made to handle the moisture level in your slab

So, we made it clear to the contractor we are expecting a refund. A refund for the $5K in floors he ruined, the labor he charged us to lay the floor, and the cost of the float and adhesive used, all coming out to about $9300. His initial reaction is the blaming of our foundation. He also is claiming that he doesn't have that kind of money. He wants to do right and is suggesting that he can do our floors again for free (NOT happening) or give us free labor on other projects around the house (right now is not an option because we have to pay for two rounds of flooring as it stands right now, much less material to do a kitchen or bath remodel too).

So, any suggestions on what next? Small claims court has been tossed around but I don't have any experience with that or know if that would even get us anywhere. Any suggestions/advice would be greatly appreciated.
BMX Bandit
How long do you want to ignore this user?
Hire a lawyer & sue him
The D
How long do you want to ignore this user?
AG
Get a new realtor
schmellba99
How long do you want to ignore this user?
AG
Your best bet is to get a lawyer and pursue it from there. Odds are he has no general liability you can go after, so you'll probably mostly be out of luck on anything other than small claims court.

Your arguments are that he, by the nature of his expertise in his industry and his experience, should have known that a moisture test should have been done on the slab prior to installation of the floors. Additionally, he should have reviewed the product data of the adhesive and followed manufacturer's written installation instructions prior to installing your floors. He should have known that acclimating the wood to your interior environment consists of more than just bringing the boxes in side. You, as the consumer, hired him because of his knowledge in the industry and what you expected to receive with best industry practices and he failed at doing so.

You are not clean either though, especially if you did not do the proper background check or to make sure he has insurance. As a contractor, I hate paying insurance premiums, but they are there for a reason - and honestly that is mostly to protect the client, not me. Always, always, always get a second opinion - sure, it may piss your contractor off, but over the long haul, it's trivial and the best thing you can do to ensure you get what you pay for.
Bondag
How long do you want to ignore this user?
AG
If anyone ever says the floors are too wet get one of these. For under $25 you can determine if you have an issue.
03_Aggie
How long do you want to ignore this user?
Sounds like the most you'll get is a settlement against him. Can't get money from someone who doesn't have it. You may be better off trying to work it out of him if you have any level of confidence in other things he can do.

I suspect if you don't have a contract spelling out exactly what should have been done then you are facing an uphill battle and it might be best to cut your losses and figure out how to move on.
Panama Red
How long do you want to ignore this user?
AG
quote:
Sounds like the most you'll get is a settlement against him. Can't get money from someone who doesn't have it. You may be better off trying to work it out of him if you have any level of confidence in other things he can do.

I suspect if you don't have a contract spelling out exactly what should have been done then you are facing an uphill battle and it might be best to cut your losses and figure out how to move on.


No offense, but this sounds like something that gets pushed around a lot would say.

This guy screwed you over. Don't let him push you over now.
The Wonderer
How long do you want to ignore this user?
AG
Talk to lawyers knowledgeable or certified in construction law.


quote:
I suspect if you don't have a contract spelling out exactly what should have been done then you are facing an uphill battle and it might be best to cut your losses and figure out how to move on.
You can have verbal contracts. Not having a written contract doesn't mean squat. Contracts only have to be written if they are of a certain variety or definition (look up Statute of Frauds in the Texas Business and Commerce Code).
03_Aggie
How long do you want to ignore this user?
Or from someone that has looked into this enough to see that the vast majority don't end well for the consumer. If you don't protect yourself at the start (contract with a specific scope of work) then rarely do you come out on top when things go south.

But by all means spend more money on an attorney that will most likely get you what amounts to an IOU that will never be paid.*

*This is on the assumption you are dealing with a shady/shoddy contractor. If you aren't then you should be able to work something out or a small claims judgement may pay out. Although I think the $9,300 is over the small claims limit?



The Wonderer
How long do you want to ignore this user?
AG
Small claims is $10,000.
ccolley68
How long do you want to ignore this user?
AG
quote:
quote:
Sounds like the most you'll get is a settlement against him. Can't get money from someone who doesn't have it. You may be better off trying to work it out of him if you have any level of confidence in other things he can do.

I suspect if you don't have a contract spelling out exactly what should have been done then you are facing an uphill battle and it might be best to cut your losses and figure out how to move on.


No offense, but this sounds like something that gets pushed around a lot would say.

This guy screwed you over. Don't let him push you over now.


03_Aggie is correct. It may be the answer that sounds like someone who gets pushed around, but it's also the only option. This isn't a guy fighting a company, or a B2B transaction gone awry. Without knowing all the details, sounds like this guy is your basic handyman that people know does work cheap, and he does this because he doesn't have the overhead of insurance, etc. He already told you he doesn't have the money, so that gets you nowhere. Small claims court will get you the same result, or worse, he just disappears. He probably has some skills and abilities, make him work it off for free. It's not the ideal result, but it's about the best you can hope for.
Hotdog Hamblin
How long do you want to ignore this user?
AG
No, Justice Courts (small claims) in Harris County have a $10,000 jurisdictional limit. You can absolutely get a judgment against this guy even without a written contract, which should include lawyer fees, but as indicated above the issue will be collecting. Funny how getting sued makes people discover money they didn't know they had, so hopefully it wouldn't come to having to seize property and he'll agree to pay you, even if it has to be a payment plan.
03_Aggie
How long do you want to ignore this user?
Thanks. For some reason I was thinking it was only 5,000.
The Wonderer
How long do you want to ignore this user?
AG
It was bumped up a few years ago, but I don't remember exactly when.
HeightsAg
How long do you want to ignore this user?
It's unfortunate but it seems like stories like yours are more the norm than exception these days.

I am on the tail end of building out the unfinished space above my garage and it's been a nightmare dealing with contractors. There are so many guys that claim that they are professionals but when it comes down to it, they have no idea or are unwilling to do things the right way. And if you question them, they just tell you that they've been doing it their way for 20 years and haven't had a problem.

If I didn't have decent working knowledge of this stuff or access to google, I wouldn't know any better. I just wonder how many "satisfied customers" don't even have a clue that their floor joists are structurally comprised or that their studs are rotted behind their showers. Of course, there are people who actually do things correctly and with integrity but it can be tough for homeowners to know who is legit.
The Wonderer
How long do you want to ignore this user?
AG
quote:
It's unfortunate but it seems like stories like yours are more the norm than exception these days.

I am on the tail end of building out the unfinished space above my garage and it's been a nightmare dealing with contractors. There are so many guys that claim that they are professionals but when it comes down to it, they have no idea or are unwilling to do things the right way. And if you question them, they just tell you that they've been doing it their way for 20 years and haven't had a problem.

If I didn't have decent working knowledge of this stuff or access to google, I wouldn't know any better. I just wonder how many "satisfied customers" don't even have a clue that their floor joists are structurally comprised or that their studs are rotted behind their showers.Of course, there are people who actually do things correctly and with integrity but it can be tough for homeowners to know who they are.
And that is why you should only ever use someone that is bonded.
BMX Bandit
How long do you want to ignore this user?
You have no idea if this guy has money.

Have a lawyer sue him in county court or do it pro se. That's the only way to get a real negotiation going.

I wouldn't mess with JP court. The judges are terrible and the guy can appeal to a real court to start over.
NCNJ1217
How long do you want to ignore this user?
AG
I understand if you wouldn't want to go this route, but if [a moisture test could be done, the floors could be properly acclimated, the floors could be installed in the floating manner] THIS time, why you wouldn't at least consider having him redo the floors for free?
MAS444
How long do you want to ignore this user?
AG
Judgments aren't necessarily as worthless as most people claim.
The Wonderer
How long do you want to ignore this user?
AG
quote:
Judgments aren't necessarily as worthless as most people claim.
Yep, judgment liens are wonderful tools.
aggiebq03+
How long do you want to ignore this user?
You should make sure your realtor gives their kickback (sorry, "referral fee") to you, since they gave you a terrible recomendation on a contractor to use.
Post removed:
by user
AgAttorney2010
How long do you want to ignore this user?
AG
We can help.

Jacob@herbergerlaw.com
ccolley68
How long do you want to ignore this user?
AG
Lawyers suggesting lawsuits? Whoda thunk it?
Diggity
How long do you want to ignore this user?
AG
Make sure they take the case on contingency
BillYeoman
How long do you want to ignore this user?
Not that this adds anything but I get my floors (or anything else) done thru Lowe's. If something gets screwed up they'll back it. Contractors are generally very good. If not, Lowe's will make it right.
Post removed:
by user
ThunderCougarFalconBird
How long do you want to ignore this user?
AG
Refresh
Page 1 of 1
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.