My question involves a consumer law issue in the State of: Virginia
We had a home remodel done 1 1/2 years ago. Almost the entire downstairs was tiled, about 1200 sq ft. Before the first year was up, tiles were popping up. Tile installer initially blamed a bag bag of thin set. Thin set company agreed to pay 1600, but said he installed incorrectly. This dry thin set was not to be used for Hardie backer board without a latex additive. They showed us Hardie instructions that pointed that out. They also showed us their instructions in very small print on the back of the bag that if laying porcelain tile, a latex additive needed to be used in place of water. The $1600 was paid to the installer. As he pulled up the loose tile, which the thin set was not adhered to at all, the tiles next to them would become loose. It became apparent that the whole floor was really going to be replaced. We contacted the the thin set company and for the above reasons said they were responsible, it was not tiled correctly. Tile installer also didn't use thinnest under the backer board which is in the instructions. When we contacted tile installer with the companies reply, he became defensive and is putting the blame on us for purchasing the thin set. We did ask him what to purchase, and he just told us to go to Lowes. If he had told us that we need a latex additive for this product we would have gladly purchased that or anything he suggested. He had no problem telling us to get different material on the upstairs bathroom that he also installed. He says we didn't consult him. From prior messages with him, I know that he was unaware that porcelain tile needed to have a latex additive to adhere. When the thin set company gave us that info, I did research, and sure enough that is common knowledge for the industry. We hired him because he said he had 30 years experience and said he was a perfectionist. Unsure of what to do at this point, small claims court is only $5000, and he has the $1600 funds from the thin set company. The tile job will be at least $10,000. To make matters worse, the tile manufactured now under the same name and codes is longer and wider, and has a different finish. The tile probably needed to all come up anyway because the thin set isn't holding. We have been living with half pulled up tiles for over 6 months. I think as the tile professional of 30 years he should have known the installation necessary and told us to buy the latex additive or whatever he needed to get the job done correctly.
We had a home remodel done 1 1/2 years ago. Almost the entire downstairs was tiled, about 1200 sq ft. Before the first year was up, tiles were popping up. Tile installer initially blamed a bag bag of thin set. Thin set company agreed to pay 1600, but said he installed incorrectly. This dry thin set was not to be used for Hardie backer board without a latex additive. They showed us Hardie instructions that pointed that out. They also showed us their instructions in very small print on the back of the bag that if laying porcelain tile, a latex additive needed to be used in place of water. The $1600 was paid to the installer. As he pulled up the loose tile, which the thin set was not adhered to at all, the tiles next to them would become loose. It became apparent that the whole floor was really going to be replaced. We contacted the the thin set company and for the above reasons said they were responsible, it was not tiled correctly. Tile installer also didn't use thinnest under the backer board which is in the instructions. When we contacted tile installer with the companies reply, he became defensive and is putting the blame on us for purchasing the thin set. We did ask him what to purchase, and he just told us to go to Lowes. If he had told us that we need a latex additive for this product we would have gladly purchased that or anything he suggested. He had no problem telling us to get different material on the upstairs bathroom that he also installed. He says we didn't consult him. From prior messages with him, I know that he was unaware that porcelain tile needed to have a latex additive to adhere. When the thin set company gave us that info, I did research, and sure enough that is common knowledge for the industry. We hired him because he said he had 30 years experience and said he was a perfectionist. Unsure of what to do at this point, small claims court is only $5000, and he has the $1600 funds from the thin set company. The tile job will be at least $10,000. To make matters worse, the tile manufactured now under the same name and codes is longer and wider, and has a different finish. The tile probably needed to all come up anyway because the thin set isn't holding. We have been living with half pulled up tiles for over 6 months. I think as the tile professional of 30 years he should have known the installation necessary and told us to buy the latex additive or whatever he needed to get the job done correctly.
Contractors and Subcontractors: Tile Contractor Not Correcting Bad Tile Job
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