Defective carpet installed by builder...

[g-mo]

What is the name of your state (only U.S. law)? Missouri

I purchased a home on January 24th 2008. Throughout 2008 we had several warranty and punch list issues. Unrepaired to date is a leaking foundation crack located on the southwestern corner of our home and defective frieze carpet throughout the house. I have spoken with the subcontractor who supplied and installed the carpet and he has assessed the carpet to be defective due to mismatched dye lots. The manufacturer has accepted his assessment and issued a credit of $806.00 for replacement of all the carpet in the home (984 sq ft). As per our original sales contract we paid an additional $1800.00 over the basic carpet price to have frieze installed. Due to seam visibility issues and not trusting the material we have decided to go with a different flooring to replace the defective carpet. Seeing that we have paid in upwards of $2500 total to carpet the house as it sits, we find the $800 credit amount to be insufficient. Can we sue the builder for the additional funds we paid?

[FlyingRon]

You only get restoration for what you were contracted for. If you decided you'd rather have something else, they aren't responsible for the upgrade.
You might have a cause if the negotiated compensation wasn't enough to replace the defective material. I'd get an independent assessment of the cost to replace that and see if you can get that increased and use it to your new floors.

[HomeGuru]

Originally Posted by g-mo

What is the name of your state (only U.S. law)? Missouri

I purchased a home on January 24th 2008. Throughout 2008 we had several warranty and punch list issues. Unrepaired to date is a leaking foundation crack located on the southwestern corner of our home and defective frieze carpet throughout the house. I have spoken with the subcontractor who supplied and installed the carpet and he has assessed the carpet to be defective due to mismatched dye lots. The manufacturer has accepted his assessment and issued a credit of $806.00 for replacement of all the carpet in the home (984 sq ft). As per our original sales contract we paid an additional $1800.00 over the basic carpet price to have frieze installed. Due to seam visibility issues and not trusting the material we have decided to go with a different flooring to replace the defective carpet. Seeing that we have paid in upwards of $2500 total to carpet the house as it sits, we find the $800 credit amount to be insufficient. Can we sue the builder for the additional funds we paid?

**A: yes you can sue but no one can predict the outcome.

[g-mo]

Any other suggestions?

[HomeGuru]

Originally Posted by g-mo

Any other suggestions?

**A: yes, don't sue.