Legal Question in Business Law in Maryland

Should I have to pay

After 3 months in my newly constructed home the ceramic tile surrounding my bathtub seperated. The builder took 3 months to view the damage and insisted it was due to 'excessive splashing' on my part. I disagreed and sent a certified letter informing the builder I expected it to be covered by the home warranty. He then sent someone to repair it. I then received a bill for the work. According to him, he told me there would be a cost. I say he never disputed my letter stating I was not responsible and since he came and repaired it I shouldn't have to pay anything. Am I wrong?


Asked on 12/18/04, 10:52 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Should I have to pay

I wouldn't think that properly installed ceramic tile in a bathroom would separate in such a short period of time. You ought to speak to someone in a store that sells this product and get their views on the subject. If they tell you that it's an installation problem, I'd write to the contractor, quote the tile retailer, and respectfully decline to pay the cost.

On the other hand, if you expressly agreed to pay the contractor to get him to come out and fix the problem, I think your now legally obligated to do so, since he relied on your promise to come and do the repair.

Have you checked your HOW to see if this sort of thing is covered?--if so, deal with them.

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Answered on 12/20/04, 11:04 am


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