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Legal Action vs Builder in New Build

2,079 Views | 12 Replies | Last: 2 yr ago by fka ftc
aggiecody06
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X post from Houston Forum also:


Long story short we are having issues getting a warranty claim resolved between the builder and flooring company. We closed Aug of 2020 of a brand new build, the LVP started getting wavy after 6 months. We submitted a warranty claim in month 9 in order to make sure things got addressed prior to 1 year expiring. This is still an ongoing process. Looking for an attorney to speak with that could give us some insight as to any possible legal action that can be taken if something doesn't get resolved soon. I'm Magnolia area, TIA
fka ftc
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Why is builder refusing to honor warranty? They should immediately be able to recoup from vendor. Vendors only defense would be an improper install by vendor or something the homeowner did or did not do. If the builder has an ongoing business, they would be absolutely dumb to not try and resolve vs you blasting them on social media.

They likely are trying to get the flooring contractor to pay for it who may in turn be waiting on supplier to agree to reimburse them. So you may just be waiting on that bureaucracy and they dont give two fs how long it takes, they have all been paid up.

A construction defect attorney is going to cost some. An ambulance chaser likely won't take it as not that big of claim. You may just want an attorney that has even basic knowledge of construction defect law (in area you are located) to right a mean letter to builder, subcontractor and supplier.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
The Kraken
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AG
What are the details?

What should have happened by now is the builder had the flooring contractor perform an inspection. If the sub determined a manufacturing defect was in play, they would have a rep from the manufacturer do an inspection. Within one year of install, if the manufacturer determines it's a defect, they should cover it 100%. Where it may get tricky is if the manufacturer says it's all or partly an installation issue and the flooring installer disagrees.
plus ça change, plus c'est la même chose
aggiecody06
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The flooring company and the concrete company that poured slab pointed fingers back and forth for 2 months with no one willing to accept responsibility till I finally got fed up with it and sent message to area construction manager of builder and said something needs to happen ASAP or legal action will be taken bc at end of the day it falls on builder since that was their vendor for whoever's fault it is. Low and behold the next day the flooring company called us. We had a meeting to go over "options." If they install exact same stuff we will have to be out of house for a week or and they aren't showing any signs of wanting to pay for the inconvenience costs or pay very minimal amount, (ie hotel stay, dog boarding, meals, etc.). They also can't guarantee that same issue won't happen again. If we go to an upgraded true floating floor that they install directly over existing LVP they are trying to charge us a minimum of $4k for that flooring.
fka ftc
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In full disclosure, I have a foundation business in addition to a residential construction business.

That nugget out of the way... why were the after foundation company? Its up to engineers to determine specs for the slab and we just follow orders. Now if they failed to put in plastic barrier (I have heard stories), then foundation company would be on the hook. If concrete was not delivered to spec, than foundation company can go after the ready mix supplier. Bad design, then engineer. Other than that, then concrete would not be involved.

Did they glue down the LVP? Most glues also serve as a moisture barrier. If not glued, then "probably" should have had a moisture barrier - I caveat "probably" as different suppliers have different specs.

This is on the builder. They should make right then they can settle up with their flooring subcontractor later who can then go after the supplier.

The only time I have seen LVP bubble up is when homeowner allows their wolfhound to piss at the door on a flooring system of wood 12 feet in the air. LVP is not water proof, so if you have a wood subfloor then top-down moisture may be the issue. Even so, likely bad install in which case the builder owns it.

Lookup who the division president is (depending on how big builder is) or send a certified letter from you or an attorney and address it to the owners / president / general counsel.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
aggiecody06
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The bubbling is in about 10 different spots throughout the house. Flooring company was saying that it bubbled due to hairline cracks in slab which the one spot they did a spot inspection on has a hairline crack, however that's to be expected in a slab. According to builder, which I agree with and makes sense, is flooring company didn't prep the slab properly with moisture barrier therefore glue down LVP has rippling in it. The builder is trying to wash their hands of it and just saying we don't owe for anything you need to take it up with flooring company, which I'm not allowing to happen. I'm not looking to necessarily sue because not worth an attorneys time, I'm just looking to have a quality flooring that'll last more than 6 months being that we spent $300k on house. I was hoping to basically have a scare letter prepped and if they keep dragging feet and refusing to take on some of the liability then would proceed to the letter being sent if need be.
OlArmyWalton92
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AG
Is it a floating floor? Did they caulk the base boards to the flooring? Did they install shoe mold? If so, is the shoe mold caulked to the flooring?
aggiecody06
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It's a glue down LVP, and yes the baseboard is caulked onto flooring. But no shoe molding or 1/4 round or anything like that just the baseboard with flooring butting up against it and caulked.
Agilaw
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AG
All the speculation about why this has happened to the floor is really a side issue. The main issue is that the homeowner didn't do anything to cause the flooring to fail. So, the homeowner should be able to go to the builder to have them assist in resolving the issue. It's not real smart for the builder to point fingers and not assist in helping the homeowner get a fair resolution. A couple of additional details of interest: have you reviewed the warranty and original building contract in detail (default; remedies; substandard work; etc.); is there an arbitration provision in any of the documents; have you reviewed your potential cause(s) of action/remedies with the builder - DTPA, etc.

It would be quite unwise for the builder not to resolve this issue with you in a fair and timely manner. The person who posted that a certified letter to the builder is on the right track to get things moving for the homeowner.
one MEEN Ag
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AG
For the first floor, in general there is supposed to be a thin cement flattening layer called whisperstep.

Glue down LVP is going to telegraph the concrete beneath as well as move with temperature. Is there any area that is in direct sunlight? That can cause localized warping/bubbling.

I would recommend not accepting a cover up of their issues with another flooring. I would also not recommend a glue down vinyl. It just requires too perfect of an install.

As a side note, the best flooring I found was The Republic SPC MAX. Its a stone+vinyl composite product that is rigid. Creates a click down floating floor. Normally $6 a square foot, I found a warehouse in houston who will sell it for $2.89. Put it in my whole first floor and haven't had any issues with wearing, telegraphing, and it doesn't bubble. Happy to share my knowledge if you want to just tell everyone off and start over on the flooring.

Sorry you're dealing with this.

texan12
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Consider stained concrete. It may seem like your floor is naked and incomplete at first, but you'll get used to it. It also stays cooler in the summer and you'll never worry about what is spilled on it. Foundation issues will also be spotted easily.
fka ftc
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Absolutely agree with Agilaw that whatever the cause, the builder must stand behind the work.

A written warranty for the builder will overall benefit the builder as it lays out certain specs for failures of materials, etc as well as specify arbitration for disputes.

I would recommend escalating the problem with the builder. Absolutely no reason they should not be coordinating making this right for you.

Pics would be awesome in helping to see what the issue is if are comfortable posting.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
aggiecody06
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The builder has agreed and flooring company have already agreed that it will be replaced but they pointed fingers for 2 months as to who is responsible till I sent a nice message threatening legal action and that got ball rolling for a week. We are supposed to have a meeting with flooring company and builder in a week so we can all get on same page and they know are concerns in regards to details of who is paying for our hotel, dogs being boarding, meals, etc and the inconvenience that comes with having to be out of our house for an extended period of time, not to mention lost wages that either my wife or I will incur due to having to be at house while they rip out old flooring, as I refuse to let strangers roam freely with no supervision, and work won't pay for us to be off work for this and we shouldn't have to use PTO for a faulty install. I'm basically getting my ducks in a row so that if the builder/flooring company say we can only do such and such and it's a ridiculous offer. I'd be good with them offering to pay a hefty % of an upgraded vinyl with us also paying a portion but I refuse to pay a minimum of $4k while builder and flooring company only eat labor cost and wholesale supplies cost while charging us full retail price of an upgraded floating vinyl. If that makes sense?
fka ftc
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aggiecody06 said:

The builder has agreed and flooring company have already agreed that it will be replaced but they pointed fingers for 2 months as to who is responsible till I sent a nice message threatening legal action and that got ball rolling for a week. We are supposed to have a meeting with flooring company and builder in a week so we can all get on same page and they know are concerns in regards to details of who is paying for our hotel, dogs being boarding, meals, etc and the inconvenience that comes with having to be out of our house for an extended period of time, not to mention lost wages that either my wife or I will incur due to having to be at house while they rip out old flooring, as I refuse to let strangers roam freely with no supervision, and work won't pay for us to be off work for this and we shouldn't have to use PTO for a faulty install. I'm basically getting my ducks in a row so that if the builder/flooring company say we can only do such and such and it's a ridiculous offer. I'd be good with them offering to pay a hefty % of an upgraded vinyl with us also paying a portion but I refuse to pay a minimum of $4k while builder and flooring company only eat labor cost and wholesale supplies cost while charging us full retail price of an upgraded floating vinyl. If that makes sense?
These are the sort of costs the builder's GL policy (and in turn the subs GL policy) - the costs of resulting damage, injury, loss of use, etc. Builder's deductible is likely at least $5,000 and more likely $10,000 and higher. So think about that in what they will offer as a reasonable settlement.

The builder and flooring company owes you a new floor, regardless their costs to fix. This is a good summary below. They need to make it right if they are at fault.

https://www.avvo.com/legal-guides/ugc/consumer-warranties-under-texas-law

Your rights when a business won't honor its warranty

You have rights under a number of statutes and common law when a business fails to honor its warranty. An express warranty may give you limited rights of recovery. The most powerful remedy available in most cases is the Deceptive Trade Practices Act (DTPA). The DTPA is a powerful consumer law that creates statutory claims for breach of warranty and other consumer claims. DTPA is powerful because it gives consumers the right to recover attorney's fees and court costs. If the DTPA violation was knowing or intentional then the consumer can recover up to three times the consumer's loss. (Plus attorney's fees and costs.)

There are a variety of other statutes and common law claims available to a consumer. Often they are not as effective or valuable to the consumer. The risk of paying triple damages (treble damages) under DTPA and racking up attorney's fees often encourages early settlement. A Bedford business that digs its feet in on a $20 claim can see that claim turn into thousands of dollars due to attorney's fees. Paying $20 to make good on the warranty is a much better deal.

"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
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