Bathtub Installed Backwards in New Construction

[eggman2001]

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

I purchased a condo unit a few months ago in a building that is new construction. After closing, I noticed that the bathtub was installed backwards making it very uncomfortable to take a bath because the bathtub is designed so that you lie in a certain direction, and the faucet is right where your head is supposed to be.

I called the developer (who is still the managing agent), and he is blaming it on a beam underneath the tub and that the plumbers had to install it this way because of this beam. When I press him about the architectural plans, he admits that the tub wasn't installed according to the architectural plans, but that it cannot be fixed, and he refuses to share the plans with me. I think that it's more of a matter of him not wanting to fix it for whatever reason, than it not being possible to fix.

He has offered me a sum of money as a settlement but I feel that the amount is too small. I'm wondering if I'm legally entitled to a tub that's installed properly, and if I take legal action against him, if I have a strong case.

Thank you for any help.

 

[swalsh411]

He's offering a settlement to make you go away not because he is required to.

 

[Zigner]

I'm wondering if I'm legally entitled to a tub that's installed properly...

Yes, you are.

But that's not the REAL question. Your REAL question is who will end up paying for this.

 

[dmcc10880]

Is there something special about this bathtub that it couldn't be replaced by a different model and not have the beam interfering?

Surely with new construction, there should be a warranty. As swalsh said, he's offering money to go away.

The developer is legally required to make it right.

Another thought- you could always consider taking out the bathtub and making it a large shower. Tally up the costs and negotiate a deal.

Yet another thought- would you consider moving to another "like" unit?

 

[Zigner]

The developer is legally required to make it right.

We have no evidence that the tub is not "right." It's just not comfortable.

 

[eggman2001]

Is there something special about this bathtub that it couldn't be replaced by a different model and not have the beam interfering?

Surely with new construction, there should be a warranty. As swalsh said, he's offering money to go away.

The developer is legally required to make it right.

Another thought- you could always consider taking out the bathtub and making it a large shower. Tally up the costs and negotiate a deal.

Yet another thought- would you consider moving to another "like" unit?

It's a fairly standard shaped bathtub, and most other bathtubs would have the same problem "if" there is in fact a beam interfering (I don't think there is). Assuming that there is no beam, putting a different bathtub or a shower in would be most costly I would think.

Moving to another "like" unit wouldn't be an option because there aren't any left. Plus, there would be all the closing costs that both parties would have to pay.

 

[ecmst12]

Is the amount of money he is offering you sufficient to pay someone to come in and flip the tub around? If so, take it and use it for that.

 

[justalayman]

ok, I think everybody is missing something here; based on the developers statement, the tub cannot simply be flipped around. There is a beam under the tub that apparently prevents them from being able to install the drain under the faucet (which is where the drain typically is placed).



the question I have is; was the unit built for the OP or was it a spec unit? If it was a spec unit, OP is SOL and will have to pay to have whatever done out of their own pocket.

. If it was built for the OP, OP has a valid complaint if the drawings show the drain at the opposite end.

The problem is; they may not even be able to install it with the drain at the proper end at all.

 

[dmcc10880]

Possible solution. Raise the tub over the beam. Rip the tile out and re-do the plumbing for the faucet and shower head. All at the expense of the developer.

Also, think about it. There may be at least one more unit on the OP's floor that experiences this and at least two on each floor of the building.

There is strength in numbers when seeking a settlement.

 

[justalayman]

I'm sure that I could find multiple solutions if I had the prints. I do not see enough info here to be able to put the cost on the developer though. It may be his but just not enough info for me to make a call.

 

[John_DFW]

If you doubt the beam is really there, have a plumber or contractor use a boresnake camera to look and see what is below the tub. This will only require about a half inch hole in the wall or cieling below, and will be far cheaper and easier than ripping out the tub only to realize nothing can be done about it.

 

[eggman2001]

The developer has been backtracking, now saying that there's no beam in the plans but that plans get changed all the time during construction. The amount of money he's offering is nowhere near what it would cost to fix and even farther from the amount of money I'd accept to just live with it. He seems to be giving me every excuse in the book as to why it can't be fixed, I assume because he doesn't want to pay to have it fixed.

 

[justalayman]

The developer has been backtracking, now saying that there's no beam in the plans but that plans get changed all the time during construction. The amount of money he's offering is nowhere near what it would cost to fix and even farther from the amount of money I'd accept to just live with it. He seems to be giving me every excuse in the book as to why it can't be fixed, I assume because he doesn't want to pay to have it fixed.

so, was this unit built for you or did you buy a spec unit? What rights you have will vary.

If this was built to your specifications, including you had seen the drawing of the bathroom to approve that, you have every right to demand it be corrected to the plans requirements.

If this was a spec unit and you had the option to view the unit before closing and did not bring this up, you are fighting a battle that you may not win. While you might get some help in correcting it, you really don't have much right to demand anything. It was that way when you viewed it (or should have) and that is what you bought. What the plans show would be irrelevant, to you anyway unless you can find a code that does not permit the installation as it is.