New Wood Floor is Lifting Due to Poor Workmanship and Inferior Products

**Alyjoe** · 09-09-2012, 06:49 PM

My question involves a consumer law issue in the State of: Florida
My husband and I hired a reputable contractor to renovate our home. We had our own person to do tile, wood floors and carpet. We didn't have a written contract but was promised one by the floor contractor but he never gave us one. He did the floors with cheaper products than he promised in the oral contract. I was out of town during this renovation and my husband dropped in occasionally. The floors (wood) are now lifting and he has not finished the job. My husband had paid him by check in his name. We were told that we could probably sue him personally. He charged us significantly more than he told us and keeps asking for more money. The contractor who did not like the work the floor guy was doing, told me that he'd write a detailed letter along with pictures saying that the floor guy did NOT do anything right. He also promised us the best pad for the carpet but put the cheapest in. We are going to get estimates to fix the floor by other floor companies. We have witnesses to say that this person didn't do the job right. I feel that he ripped us off in every way. We were told that because he didn't get the floor in the house a few days early, we are going to have major problems in the future...although it's lifting in spots now this person told us that he'd drill a hole and inject glue then fill it in, it will look like a knot in the wood, I researched and found nothing like that could be done. It's also uneven and was told that he put the float in wrong. Please help us, we have no more money to put into this he's already charged us close to 10,000.00. Do we have any legal leg to stand on. We now understand that this person is someone who is just doing this to rip people off. Is there anyone in the state to contact so that this person will not do this to any other senior citizens?

**STATcom** · 09-10-2012, 12:25 AM

It definitely sounds like this is a legitimate contract dispute between you and the contractor. The bigger issue is whether you have sufficient evidence in your case. Oral contracts are certainly legal and enforceable as much as a written contract. The problem is that there terms are much harder to prove without documented evidence.

You have a case, but it sounds like it can be a pretty lengthy and potentially expensive one. Do you have anything in writing that states what kind of flooring was supposed to be put in? That would help a lot in getting the case settled quickly. Either way though, you're going to need an attorney to help.

**Mr. Knowitall** · 09-10-2012, 10:17 AM

Defective workmanship is... defective.

The big issue here is that the guy may not have any resources to cover a judgment, should you sue him and prevail. How would you collect your money?

Obviously you don't want to give him another penny unless and until the problems are fixed - I'm just not clear on how much leverage that gives you.

**Alyjoe** · 09-21-2012, 08:13 AM

Thank you for the advice. He has since come in and drilled holes and filled in the hollow spots, I guess we'll have to chalk this one up. We've always done our research but this time we didn't. Live and learn I guess. We just found out from another floor guy that the carpet he put in was garbage. But, we didn't have it in writting, another thing I usually do, but if this is all we have to worry about in these times, I guess it's not too bad! Thanks for the responses! This site is great!!