Legal Question in Consumer Law in California

Separation of new hardwood floor

The hardwood floor planks in our dining room began to separate about 10 months after installed directly on the cement slab in newly constructed home in '04. Immediately contacted floor company (who's not builder�s sub). They lifted carpet in adjoining area and found long crack. Called builder who did geo-tech engineers report who said cracks are cosmetic and won't undermine structural integrity. Both builder and floor company said they would work together to ''take care'' of us. We agreed to wait for house to settle more to determine if there were other affected areas. Floor company kept in touch with us over time to determine any changes. Now, 2008 + economic downturn and floor company says it was their understanding that builder would cover all cost. Builder says no; agreement was to only pay for removing floor. Unfortunately, we have nothing in writing from floor company. Have certified letters we sent them summarizing all meeting at our home. Have letter from builder saying they came to agreement with floor company rep to pay for tearing out floor only. Floor company says they aren't responsible for any of the cost at all. Do we have a case against floor company? If so, under what laws?


Asked on 5/18/08, 10:18 pm

2 Answers from Attorneys
Aaron Davis Law Office of Aaron M. Davis

Re: Separation of new hardwood floor

If an agreement was made between you and either the builder or floor company regarding handling the problem, that agreement should govern, so that it can be argued you are not bound by the construction defect limitations period. From your brief description, it sounds like the companies agreed to handle your problem when the full extent of the damage was known. It is certainly arguable that this created a contract which is still be in force.

However, if the flooring company is now disclaiming their bargain, it sounds like NOW is the time to act, in case you are up against a Statute of Limitations. Both companies should be included in any lawsuit. That way, they can sort out between themselves which is responsible for repairing what part of the damage.

Call me if you would like a free consultation.

Read more
Answered on 5/19/08, 12:37 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Separation of new hardwood floor

Sounds like the builder snookered you into waiting until the statute of limitations ran out. If you haven't filed a construction defects lawsuit yet, and it's been four years or more after you bought the home, well, the initials of Statute of Limitations spell SOL which is what you might be. Have you even spoken to a lawyer who handles construction defect cases? Run!

Read more
Answered on 5/18/08, 10:38 pm


Related Questions & Answers

More Consumer Law questions and answers in California