Small Claims Court

14 years ago

I have a problem. My 3/4" solid hardwood floor installed TWO years ago has cupped. The floor was installed below grade.

The installer claimed I would not have problems with installing solid below grade-he did not do moisture readings prior to installation.

He came out to see the floor and said it was not his fault for the cupped floor and that I have a moisture issue.

I can pay a Wood Inspector $500.00, then fees to file a small claims report but would I get anything out of it after all that expense and still have a damaged floor??

The installer did not put a plastic barrier on the concrete floor - only glue for the pylwood underlayment, then roofing material under the unfinished solid wood.

I understand you all are not lawyers, but if anyone has had a similar experience - what was your outcome??

Thanks for any advice. Calling me a fool won't help I already know that!

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Comments (5)

glennsfc
14 years ago
How badly cupped? It is always risky business installing a solid below grade...you can think you've covered all the bases...only to have the floor do some peculiar things anyhow.

I once installed an engineered floor in a restaurant over an on-grade concrete slab. The slab tested dry and I figured I was good to go. Well, several months later the floor buckled in the middle and I visited the jobsite to find out what the cause of the problem was (it had to be moisture, but from where?)...I discovered the sources of moisture and it had nothing to do with my installation. Seems there was a leak in an icemaker in another room and a newly-installed graded concrete patio that was not properly pitched to direct water away from the foundation.

Perhaps your flooring issue may be due to similar easily corrected circumstances.

Was the glue used to fix the plywood underlayment also a moisture 'barrier' type? If so, then plastic would have been unnecessary.

The fact that the slab wasn't tested prior to the wood install to reveal moisture vapor levels is not prudent for the installer/contractor, but testing for the presence of rising moisture is a relatively new protocol and not all installer/contractors bother to do that.

I've never had to visit small claims court with a customer; there are better ways to work things out. I know this doesn't answer your question, but I hope it is of some help. Best of luck to you.
jeanz5il
Original Author
14 years ago
The floor is slightly cupped but it is noticeable and you can feel it walking on it. If the installer had any doubt I could have problems I would not have had it installed. The installer used a glue, but I don't know the name of it and said it would seal the concrete floor. I have not had any back up issues or flooding. The concrete is 5 steps below ground level. I wish I new the term Hydrostatic Pressure two years ago!
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boxers
14 years ago
as a rep I've been to court a few times. There are several websites such as NOFMA or Armstrong where you can print out installation recommendations. Below grade and solid is not recommended normally. In court the installer is assumed to have the superior knowledge and once he starts installation he has 'accepted' the job site conditions as satisfactory. That would be the normal thinking. Was this the first installer you asked to install. Was using solid your idea or the installers? If it were yours he could very easily say he made you aware of the dangers but you insisted and you are the customer..........
jeanz5il
Original Author
14 years ago
The installer did not inform me of any "dangers". Of course I decided to do the solid; however if I need to tear it out, I don't feel I should carry the entire weight of this mistake.
I don't know if writing a letter to inform him of my research into the improper installation would get me anywhere but I guess I can try. I would like to have the cost of a dumpster and one work hand to get rid of it for recompense. I don't know-this is my first house and big install mistake!
woodfloorpro
14 years ago
A lot of finger pointing here. Wrong choice of product, wrong choice to install it. Reads like all the education came after the fact.

Small Claims Court

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glennsfc

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