Sorry I only read this post.
My understanding thus far
The floors were finished in summer 07
Closed sept 07
1 year warranty is up sept 08
you noticed cupping late summer 07
one full season would be late 08 (august) to see if the cupping goes away, If it doesnt go away and gets sanded the floors will crown(reverse cupping) they will look good for a few months, but that will fade (unless after august it returns to a normal state).
Basically everyone I am friends with is involved in wood flooring, a close friends older brother hired us on years ago to his company, we in turn brought our close friends on etc. many of us went to go on to own our own companies ect. some for retail work some for builder work, sub work. A few people I know work for giant companies who do floors for builders (not custom builders) but when they build the big subdivisons here, and it isnt uncommon for them to call me from time to time, and say, "youre never going to guess what I did today" Then they tell me a story how they went to install wood in a new house, wich had either no heat, AC, power, vents, wood being delivered as it is installed (no acclimation), even 3 inches of standing water in the basement.
The builders they work for would sign off to the lagre company, and the large company would tell the installer go ahead and install it.
Do you know/they know what the moisture was when it was installed (wood and subfloor) and amount of acclimation time?
Now Im NOT trying to scare you, just giving some insight, but if your builder is good you wouldnt have any worries.
for your protection I would say
1. Spend the $500(?) on a licenced flooring inspector like Ray (but hes not in IL) Get his opinion, and documentation.
2. Draw up some contract type thing to the builder, stating that you noticed the cupping upon closing, but that you are going to wait one full season, to see if the floor returns to a normal state, before attemting repairs.
3. I would even put a clause in it staing that if they are to refinish the floors, and the cuppin turns to crowning iwithin a year, they would take the floor out and replace it. This would give them the opportunity to refinish them like they want, but also would protect you if it didnt work.
I have seen plently of cupped floors in my day, sometimes is a smaller ordeal then it is made out to be, but when boards are comming loose, even if it dries out correctly, the plywood ect, isnt going to swell back around the staples, it would actually lossen up.
That loose board(s) leads me to believe therer is more to the story, that none of us know.....
_________________ Jay
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