Sorry for the long post -- Really appreciate any comments/advice

Current pics:
http://home.earthlink.net/~prettypig/178_78852.JPG
http://home.earthlink.net/~prettypig/178_7887.JPG
We purchased an existing home (with a crawl space and plywood subfloor--built in 1963) in January and we hired an installer to install 3/8" Brazilian Mesquite flooring (from a popular & well advertised company) that we were planning to purchase. We had obtained a copy of the installer's card from a list made available at the store. The list of installers also had a disclaimer stating that they “assume no liability for the performance of these referred companies or individuals.”

The installer came to our house, saw the sample of flooring to be used, took his thumbnail and scratched across the surface to show that the finish was thin. He quoted a price of $2800 to lay new flooring (approximately 1100sf), and $1350 to sand and refinish existing three bedroom floors). We purchased the wood flooring for a total cost of $4,800.

We had not moved into the home and were doing other renovations when the installer arrived to install the flooring. I questioned him regarding the length of time that the wood had been acclimating and explained that the windows and doors had been open during this time because of cool weather and that the wood had only been in the house for four days. He assured me that the acclimation time was not that important and that the flooring was ready to be installed. No moisture reading was performed.

During the week that the flooring was installed, French doors and windows were left open. The installer said nothing regarding maintaining temperature. Also during this time, the installer suggested coating the flooring with an additional clear finish to protect the flooring and make it last longer. He quoted a price of $1100 to "screen" and coat the wood. We agreed and this additional coating was applied within two days of the wood being installed. The installer informed us that it would take three days to dry and that during this time we could not be in the house or run the air conditioner and no windows or doors could be open because it would cause particles in the air to settle on the finish.

After waiting the recommended number of days, we moved into the home and from this point forward the temperature of the house was maintained at 74 degrees.

Within a few days of moving in we noticed floors lifting and starting to cup. We called the installer and he agreed to come look at areas of concern. He came to the house and face nailed one spot and said that he felt the floor was settling in and would improve.

Over the next week we started marking (with blue tape) any area we felt was loose or coming up. We marked approximately 30 spots. The entire flooring was beginning to show signs of cupping.

We consulted other installers for their opinions. One performed a moisture reading on an area of the house where the plywood was still exposed (we were waiting for a carpet installation) and got a reading of 18 (%?).

During this time the condition of the floors worsened considerably to the point that in at least two areas in EVERY room the floor buckled (like a teepee) and we were tripping over those spots and the floor is consistently cupped in every room.

We continued to contact the installer with our concerns and he eventually filed a claim with his business insurance. An adjuster came to the house and filed a report but the claim was denied because the installer does not have the coverage for damage to the "work product". In other words, if he had damaged a wall it would be covered but because he damaged the wood he was using it was not covered (?). The installer thought that becasue the claim was denied he was not at fault. We are currently faced with filing a lawsuit.

In your expert opinions:

Who's at fault?

Do you think coating the floor caused the floor to cup/buckle?

or is moisture the problem? Any other ideas/suggestions????

Thanks for your help!

An 18% moisture content reading in the subfloor is WAY out of guidelines and clearly indicates major crawlspace moisture problems. The flooring should not have been installed over a subfloor with that high of reading. The installer is clearly at fault for failing to use "due diligence" in the performance of his craft. BYW, your crawl space is clearly a swamp. You need to remedy that PRONTO before more moisture related problems occur. Also, what state are you in? Does your state require contractors to be licensed?

You should also go ahead and hire an independent certified wood flooring inspector to write up a report since this is probably going to court. Most can be used as an expert witness.

An installer's liability insurance does not cover his own work, only if he sets something on fire on tears up something else in the process of doing his trade. There are apparently alot of guys who don't know this.

That is true about liability insurance. However, in CA., contractors are required to be bonded, which does cover work performance. A customer can file a claim against a contractor's bonding company for performance failure.

The insurance adjuster told me the same thing--any ideas how I go about finding out what company the installer is bonded through?

Can not belive people install floors without testing the subfloor, that floor is toast rip out and replace when you get that crawl space dried out.

An installation related issue. The installer accepted the conditions, which were not within manufacturers or industry standards. He chose to go ahead an install your investment, now it is his responsibility to make it ALL right. That means he is responsible for the crawl space conditions and the cost to make it up to manufacturers and industry standards. Tear out the flooring, get dehumidifiers in the crawl space with fans going to circulate the air. Buy you new flooring and acclimate it to moisture content equillibrium, also buying himself a moisture meter and learning how to use it and then install the new flooring to spec.

He didn't weigh the cost of a moisture meter and learning what to look for, against what it is going to cost him to replace your flooring and correcting the crawl space!!!!!!!!!!!! Typical, run & gun, with a tail light warranty.

I agree with all of that--but how do I get him to take responsibility? Lawsuit???

It is his job as a professional, getting paid, to know what he is doing, not just there to get your money and run. Hold him accountable for accepting the conditions in which your failed investment was installed, which were not up to manufacturers requirements before the job was started. It is his job ro know these things, and call himself a professional.

ANSWER:

This is assuming you live in a state that requires bonding. If not, your only recourse is small claims.

Depending on the limit in small claims. If it exceeds small claims, don't settle for less.

Did you ask the wood supplier that recommended him why they did? You would assume this is not the first problem.

If I were to take a guess, that has Lumber Liquidators, and their list of hacks written all over it!!!

Waiting on a call from my attorney - but I am also looking into an inspection through NWFA -- I have been quoted a price of $650 for the inspection-- is that the going rate??

Wow, $650. How long does that type of inspection take?