Here is where I stand. The HSS install service of Lumber Liquidators mediated this for me with my installer. The installer has made the offer to rip up the hardwood that needs to be redone, some of it has plywood (ie kitchen), and replace at no cost to me the wood he rips up. He said he wants to replace all of what he rips up and to not keep it for reuse. That he would refund me my entire install fee and we would part ways. I am asked to sign a binding agreement if I go with this resolution freeing them from obligation and liability.

Obviously I will have to rehire someone to finish the job. I was asked by my wife to offer to pay for the work which he does not rip up and that sounds fair enough so I will offer that. So I will not have to pay for someone to rip it up and the hardwood gets replaced entirely at no cost to me. I keep what is ripped up for my 5-10% waste because some of it will be reuseable, good idea? He wants to come out and measure what needs replacing as soon as I sign off on the agreement with Lumber Liquidators.

He said we have both learned a lesson here.

I did offer a $100 a day repair but he said too many problems could arise -doesn't want to do it.

Does thier resolution proposal sound good for the homeowner?

I sincerly feel bad for the installer. His son was working the job with him and he's still in school living at home... Noone should have the option to choose to wreck thier home though. Noone agrees to that option either. He will have to run his business the way he wants though, I guess.

I am contacting some numbers for contractors to bid on this right now. I called a local store called "Hancock Lumber" and they gave their list of thier own prefered contactors.
Is there a much easier way to find a reliable hardwood floor installer? The local store like this Hancock Lumber are community orieted so ..not aware of a better option yet.

........

My attorney, who I called about this resolution offer, said if they want to be paid for what is done then make sure they charge a correct % of the job. He advised me to tell them I will not pay for any of it, period. The thing is, and I haven't brought this up to HSS of LL yet, is we also bought underlayment that costs a total of $250.00 at the sale price and that needs to be replaced also. A member on another forum suggested that I demand a warranty for and finished work I pay for. They probably will not warranty that work so I will likely ask for the full amount back PLUS this Quiet Walk underlayment 5x$60.00 a roll or whatever amount of it we can't reuse.

Man this window for "reply to post" is a booger. It will not stay on the line I am typing and keeps bouncing up midscreen or mid post. Anyone else experienced this?

Thanks guys, thanks for all the support and solid advice. This has really helped me keep my cool in dealing with them and it has sure helped.

IMO they're really coming to the plate and being responsible.

I'm glad your offering to pay for the section that is o.k, it's only fair to offer. He probably didn't ask for that figuring he would just wash his hands of the whole deal, chalk it up ,not warranty it, and just part ways. If he accepts payment for that section , he would need to stand behind it. It really muddy's the deal up, if he accepts payment you shouldn't waiver the entire job. If there's a problem down the road with this "section", and you waiver the entire job,it's your problem. That's probably why the attorney is saying "dont pay for any of it". But most likely your going to be o.k over the plywood section.
So as much as I hate to see the installer eat anything, especially the section that is staying, and dont get me going on attorneys. Take the attorneys advice and move on.

LL needs to replace your Quiet Walk.

Sounds like your going about finding an installer the right way. Get 3 references, and call them.

I missed out on a large hardwood job not two houses from me up the street that had PB subfloor, thats it just PB. The builder used PB in a custom house upstairs. Needless to say I lost the bid and some unlicensed guy did it. Do I feel bad...not at all.

OKAY,

Proper etiquette while the contractor is removing his work, paying for the work, and replacing all materials? If he isn't angry with me he certainly will not be in a good mood about it all. LL is having him pay for everything including the Quiet Walk and they will not let me pay anything because they do not want to warranty it. They agree they should warranty and they do not want to so I get some small area for ..free. Free plus some sleepless nights anyway.

Do I just not speak or keep it minimal? Hang way back? I'll just give him as much space as I can.
I will not offer a couple benjamins' because I know that would be rude.

I still have to make an appointment to have him measure for what will be replaced. Hopefully he's going to know exactly where the plywood is under what he laid down. The kitchen is plywood and around the refrig and some portion of a hallway. G.d. I hope he doesn't just take it all up. They said he wasn't going to but he's got some right to do that though since I'm not buying it.

He told me on the phone he has learned a lesson but he did not say what it was.
We both did.

Seems I may have gotten very lucky.

Absolutely got lucky. Of coarse the Installer is eating it, not LL or HSS, they put the squeez on him.

When he shows up, I would just be nice like nothing happened and disappear till he's done. Tell him ,help yourself to cold soda, holler if ya need me,( I have mixed feelings about the Benjamins, I would play that by ear).

I"ll bet he measures before he leaves.

I am a do it your selfer, only work on my own home, and if it was me, I would rip out the entire sub floor down to the floor joists and start from scratch and even sister in a few joists to beef up the floor if needed, then lay a new sub floor I would use 13 layer european baltic birch plywood with flooring nails to eliminate squeaks and provide a very solid surface, but that's just me, I am very picky to the point of being compulsive my wife complains, but even still, she never complains about my work and long time in doing it when the job is done LOL.

IMHO if you are going to spend this much money on installing hard wood and finishing you may as well spend a small percentage more to beef up the floor if needed and have a nice smooth and sturdy squeak free surface to install the hard wood on. Just takes a couple extra days anyway.

Also to add, if i was helping a friend or neighbor or doing flooring for money, I would not do any job unless I had total control of how it's done from start to finish, would not do any job cheaply and if the friend or neighbor did not want to spend the extra money to do the job right I would not do the job, because it would be a reflection on my work if something went wrong.

Rip up the particle board and nail the floor to the plywood sub-floor if it is 3/4" plywood.
If the sub-floor is not 3/4", then install 1/4" plywood underlayment on top of the existing sub-floor, then nail the floor down.

No matter what, removing the particle board is the wise thing to do. Should you place a cushion on top of the particle board, you may trap moisture originating from below the floor and cause the particle board to fail.

Sub-floor moisture tests need to be performed and most certainly performed due to the sensitive nature of particle board to vapor movement originating from the crawl space.

There is much not known, such as moisture test results, to offer a conclusive resolution.

I've been involved with floating floors placed over particle board and witnessed failures due to trapped vapor emissions.