My question involves a consumer law issue in the State of Maryland.
Hello, I recently built a new home and moved in, in October of this year. Our contract states that 'The entire house construction is guaranteed for one year to be free from defects in materials and workmanship by ____ (builders name)...". In January of this year, when the house just 3 months old, we started to notice that our vinyl flooring was beginning to peel up at the seams, and was also bubbling in several areas. We immediately contacted our builder who informed us that the flooring subcontractor that we used was no longer in business, and lined up a new subcontractor to come to our home to assess the damage. The new flooring subcontractor assessed the damage in our home and before leaving told us that the flooring was installed incorrectly (the seams were not sealed, etc.) and recommended a complete flooring replacement. We heard back from our builder 2 days later, and the story changed... The builder claimed that the flooring subcontractor could simply repair the flooring, rather than replace it. We felt uncertain about this, however, we felt that we had to take the repair if they were confident that it would fix the issue. The repair was completed, and the repairman told us that there was no way that he could guarantee that the repair would hold. He stood by his original word that in order to completely fix the issue, that the floors would need to be replaced. During this repair, it was also discovered that the subfloor was faulty as well. We have tried for 2 weeks to reach the builder regarding this issue, and over the last few days, the repair is starting to come undone, and the floors are peeling up again. The builder told us that she would refund our money for the amount that she paid the original subcontractor to install the floors, but it would then void our warranty. We pushed back and said that while the $1500 was a good start, that it would not cover a full floor replacement, as the labor/materials for peeling up the original floor would have to come out of our pockets. We have now tried for 2 weeks to reach the builder without a response. We have gotten 2 written estimates from other flooring companies, who have given us a quote of more than $1,000 over what she offered to reimburse us. My question is 1.) if the floors are unable to be repaired, and a full replacement is the only way to have them fixed and 'free from defects', shouldn't the builder have to pay the full amount to make that happen? 2.) How long do we wait before threatening to take legal action?
I should also mention that the builder has not even been over to see the damage for themselves... had they been there during the original assessment, and heard that the recommendation was a full floor replacement, we would not be having such an issue.
Hello, I recently built a new home and moved in, in October of this year. Our contract states that 'The entire house construction is guaranteed for one year to be free from defects in materials and workmanship by ____ (builders name)...". In January of this year, when the house just 3 months old, we started to notice that our vinyl flooring was beginning to peel up at the seams, and was also bubbling in several areas. We immediately contacted our builder who informed us that the flooring subcontractor that we used was no longer in business, and lined up a new subcontractor to come to our home to assess the damage. The new flooring subcontractor assessed the damage in our home and before leaving told us that the flooring was installed incorrectly (the seams were not sealed, etc.) and recommended a complete flooring replacement. We heard back from our builder 2 days later, and the story changed... The builder claimed that the flooring subcontractor could simply repair the flooring, rather than replace it. We felt uncertain about this, however, we felt that we had to take the repair if they were confident that it would fix the issue. The repair was completed, and the repairman told us that there was no way that he could guarantee that the repair would hold. He stood by his original word that in order to completely fix the issue, that the floors would need to be replaced. During this repair, it was also discovered that the subfloor was faulty as well. We have tried for 2 weeks to reach the builder regarding this issue, and over the last few days, the repair is starting to come undone, and the floors are peeling up again. The builder told us that she would refund our money for the amount that she paid the original subcontractor to install the floors, but it would then void our warranty. We pushed back and said that while the $1500 was a good start, that it would not cover a full floor replacement, as the labor/materials for peeling up the original floor would have to come out of our pockets. We have now tried for 2 weeks to reach the builder without a response. We have gotten 2 written estimates from other flooring companies, who have given us a quote of more than $1,000 over what she offered to reimburse us. My question is 1.) if the floors are unable to be repaired, and a full replacement is the only way to have them fixed and 'free from defects', shouldn't the builder have to pay the full amount to make that happen? 2.) How long do we wait before threatening to take legal action?
I should also mention that the builder has not even been over to see the damage for themselves... had they been there during the original assessment, and heard that the recommendation was a full floor replacement, we would not be having such an issue.
Warranties: New Home Construction- Builder Unwilling to Fix Flooring
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