Legal Question in Civil Litigation in California
I paid nine thousand dollars to a local flooring company to install laminate flooring in my two story house including the staircase seven years ago. I was told that the laminate and labor are warranted for 15 years.
All the 15 stair noses for the staircase have cracked and need to be replaced. The owner of the company is refusing to replace the stair noses and says that it is part of wear and tear He is asking me to pay him $800 to take care of this problem.
Do I have a case against the owner of the flooring company? What are my options to deal with this issue?
Your guidance is much appreciated.
3 Answers from Attorneys
It depends on what the warranty says. Was it warranted not to wear out or only against defects in materials or installation? If only for defects, is the problem dir to a defect or just wear?
Unless you have a written agreement that spells out what's covered and what's not, it is your word against his.
What does your warranty say? Many warranties cover the materials and not labor. Other warranties cover both. Did the warranty have a full replacement or pro rated. .... Your best option is to figure out what the warranty was really for. Then start negotiating from there....
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