JIMMIEM wrote:
That doesn't make sense. The inspector told you how it can be made to not squeak.....but that doesn't change the fact that is was not done correctly in the first place.
By telling you how the existing flooring can be fixed he is in effect implying that it was done incorrectly to begin with.
Tough to make those puttied face nail holes invisible. I don't get the lawyer's logic. Almost any product can be fixed but can't be sold as new. Does the flooring manufacturer have installation instructions? Were they followed? If not then installer didn't install properly.
I'd talk to another lawyer. Have you paid the installer? If so, did you use a credit card? If so, file a complaint with the credit card company.
You could also contact the Consumer Protection Division of your State's Attorney General's office. Is the installer a member of BBB? If so, file a complaint. There also be a Contractor Dispute Arbitration organization in your area....check it out.
Myself, our finisher and others said the same thing about the subfloors, that was the contractors job to ensure this was correct. Still confused by the inspectors position. I am guessing he is just trying to find a middle ground, which could be wise in some cases, not this one though. I have not yet been able to find the installers instructions but they are not even close to NWFA specs for 3 1/4" t&g hardwood.
The installer has 85% of the money for the installation, yes I could retain the 15%. The 85% was paid by check (now cashed in his bank account). I will go the Consumer Protection Division, I will go to the BBB (he is a member and he is licensed NWFA hardwood installer) and I will check into the Contractor Dispute Arbitration, thanks for the tips. I have sent pictures and the data to both my installer and inspector and have again asked for a full refund from my installer. The inspector says give the installer a chance to make it right and he said he would amend his report if the installer does not do what is right. This whole thing has been a nightmare, my wife was in tears when I showed her the number of boards and nails needed and that the hardwood was installed over a faulty subfloor. This was to be our retirement home and, at this point, the floor is coming out at someone's expense. I am still holding out hope and will fight to the end but until I see the cash flow out of someone's pocket (show me the money) I am the only one out on this job so far.
Thank you for the comment, perspective and advice. I will let you know if I ever get any money or some other complete resolution from the installer.