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  1. #1
    Join Date
    May 2015
    Posts
    4

    Default Non-Disclosure of the Need to Reseal Epoxy Finish on a Concrete Floor

    My question involves a consumer law issue in the State of: FL

    I am not sure if I got the topic correct or not.

    I hired a company to do stained concrete floors in my home. The job was to be a 4 day job however due to "slab issues" the job lasted more than 4 weeks. As a last try the contractor offered to use metallic epoxy. They told us it would be an extra $4,000 since the original contract was for stained concrete. We said no thank you. After a few days the project manager came back to us with an extra $1,000 for materials. We agreed and signed a contract addendum. There was yet another problem with the metallic epoxy which stalled the job even longer, now we are at 5 weeks out. Finally, the epoxy was sufficient for a sealer. Now here comes another issue, the sealer was streaky and scaly so they ground it down and reapplied, our contract says two coats of urethane sealer was to be used but they used a different sealer and used about 6 coats. They never applied the urethane. This sealer is much weaker and scratches terribly, my floor look terrible! We are now at week 7, we took our home back for two weeks because we had been living without a stove, fridge or washer and dryer this entire time. We used crock pots, microwave, cheap fastfood, and laundry mat to live. The contractors are coming back to fix the sealer and put the correct sealer on.

    Here is my main issue.
    During my consultation I discussed with the rep that I needed a durable easy to maintain floor. I was looking into his companies products and services because I had read that stained concrete was super easy to maintain and very durable. We got quotes on both the stained concrete and epoxy but the epoxy was way to expensive. We ended up with it anyway because they could not get the stain to set in the concrete overlay. As of two days ago I spoke with the owner, he then informs me that due to the fact that I have such a busy home with 5 children and 3 large dogs that I will need to reseal the floors myself every 3-6 months!! That does not sound like easy to maintain to me, nor durable. I was assured by the rep at the consultation that this was much more durable than tile due to grout cleaning etc. Are contractors supposed to disclose such things during a consultation? I disclosed to him that my home was busy and took a lot of wear and tear due to the children and dogs. This was such a sleazy sales tactic. Had I known this was the case I would have went with tile, at least then I would only have to clean grout every few years perhaps. To top it off the sealer is $400 per box!

    Do I have a case? I caught them using products that were not in our contract twice! They didn't disclose the truth about these floors and I incurred lost wages due to delays, extra expenses due to laundry mat, food, etc. What can I do?
    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Epoxy Flooring Nondisclosure on Maintainence

    They never applied the urethane.
    what did they use?


    what does the installer mean by "reseal"? Are you suggesting you are supposed to actually add another layer of whatever topcoat was used?


    They didn't disclose the truth about these floors and I incurred lost wages due to delays, extra expenses due to laundry mat, food, etc. What can I do?
    I can't understand how you would have lost wages and it would be unlikely that would be recoverable. Depending on your contract and why there were so many problems, you may have a claim for some of the expenses but it cannot be determined without a lot of investigation. That is something you will have to do or possibly hire an attorney for.

    You may have a claim for the final product being misrepresented but thre isn't enough info to even guess at an answer.

    if your contract called for urethane, then failing to apply a urethane top coat is an issue and a breach of the contract.

    while I suspect you have some actions available to you, given all the issues at hand I would suggest consulting with a different flooring company to determine if there is anything that can be done to bring this installation up to the level you presumably contracted for or if you are simply left with completely stripping the floor and starting over. What possibilities there are is going to determine what you would seek as recompense through the courts.

  3. #3
    Join Date
    May 2015
    Posts
    4

    Default Re: Epoxy Flooring Nondisclosure on Maintainence

    They used a different sealer to build up shine?? although metallic epoxy is already shiny....and yes they are suggesting that i have to reapply the urethane sealer that often. I'm not so worried about lost wages honestly. I am more concerned with the fact that in order to keep my floors looking nice I will likely spend upwards of 18,000 over the next 15 years due to high traffic. This product is used in businesses/warehouses etc. The epoxy is not the issue the sealer is. I just don't understand why this owner is telling me my 7 people and 3 dogs will wear and tear this sealer so much I will have to reapply so often, when businesses and warehouses have much more traffic than my home.

    I did lose wages because every time they applied color during the concrete staining process i had to be there to approve of the color, etc. I had to take off of work several days and so did my husband because after 4 weeks I had no more days to take.

    I have been in contact with several other manufacturers of epoxy and floor coatings, I was told that it is not mandatory to apply the sealer at all. This contractor told me he was bound by law to do so and we never had a choice. The product manufacturer we used for this job will not speak to me and says he has to go through the contractor. We had a rep from the sealer company come out and look at the floors last week. I let him know that even when I used the recommended cleaner that it left a whitish film on the floor, he told me I had hard water lol....

    Thank you for the advice, I will have another contractor come out this week to look and possibly help.

    My concerns are the contractor is willing to come put the urethane on, which is great, but I am not sure I want to deal with having to reseal every 3-6 months. that is quite costly and time consuming.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Epoxy Flooring Nondisclosure on Maintainence

    and yes they are suggesting that i have to reapply the urethane sealer that often.
    yet you said this:

    our contract says two coats of urethane sealer was to be used but they used a different sealer and used about 6 coats. They never applied the urethane
    you should not have to reapply any sort of coating for years but you do need to understand that even the best urethanes or polyalphitic coatings are not as hard as tile or even the colored and sealed concrete you originally purchased. Urethane is a type of plastic and it scratches. re-coating every 3-6 months is simply ridiculous.

    and no, it is not mandatory to apply a urethane top coat. it is to increase the durability of the floor.

  5. #5
    Join Date
    May 2015
    Posts
    4

    Default Re: Epoxy Flooring Nondisclosure on Maintainence

    I know this is confusing, The sealer that was applied is an 8% urethane by proclaim. Yes they used about 6 coats and they did not apply the urethane, correct.

    I understand now that the sealers are not as hard as tile. I just wish I had proper information prior to choosing this flooring material. I will definitely seek out another company to come and inspect. My thought was like what you are telling me that recoating sealer would be years not months.

    They are using a product called legacy. It is not a two part urethane which I'm guessing is why the difference in timing to reapply. The owner told me when I asked for the two part urethane that we'd have to hire them to come back out every so often to reapply and that the Legacy is easier for homeowners to use and reapply themselves. I really need another opinion before they come back out this week!

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Epoxy Flooring Nondisclosure on Maintainence

    yes, most definitely obtain recommendations from another company that deals with this sort of floor. I suspect the guy you hired is incompetent, at least, and possibly worse but that is only a suspicion from what you have stated.

    The worst part I see is if what you have cannot be made to be usable, stripping a floor is a terrible thing but might be your only real solution. Good luck.

  7. #7
    Join Date
    May 2015
    Posts
    4

    Default Re: Epoxy Flooring Nondisclosure on Maintainence

    Thank so much!

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