Construction dispute

[Jason Frazee]

What is the name of your state? Tennessee I work for a commercial flooring contractor in Nashville Tennessee. We installed a wood floor improperly. The contractor allowed us an opportunity to fix it. We botched our attempt to fix the problem. The contractor is refusing to allow us another opportunity correct our problem. Their solution is to have another subcontractor remove and replace the entire floor system. Of course we would receive a bill for their work. Are there any laws or standards that apply to my situation? Thanks for your help.

 

[lwpat]

Everything will depend on your subcontract with the general contractor. I would consult with a local attorney familar with construction disputes and let him review all of the paperwork and advise you accordingly.

You should have fixed the problem the first time.

 

[HomeGuru]

What is the name of your state? Tennessee I work for a commercial flooring contractor in Nashville Tennessee. We installed a wood floor improperly. The contractor allowed us an opportunity to fix it. We botched our attempt to fix the problem. The contractor is refusing to allow us another opportunity correct our problem. Their solution is to have another subcontractor remove and replace the entire floor system. Of course we would receive a bill for their work. Are there any laws or standards that apply to my situation? Thanks for your help.

**A: In general, most construction contracts have a clause requring the property owner to allow access to the property to correct defective work. The contract language that I have seen does not allow continuous access and/or on multiple occasions in the event the correct work was still deemed to be defective. Common and case law also require the owner and GC to mitigate damages and they have done that by giving you an opportunity to correct the problem. As the problem still exists after correction, the owner/GC is not required to give you "another shot". It has already proven that they cannot trust you to do the work property, as you have demonstrated that you are not qualified and experienced enough to follow flooring manufacturer's installation specifications and generally acceptable flooring industry standards. I suggest you get a copy of the invoice for the corrective work by a third party sub and sign an agreement with the GC agreeing to pay to resolve the problem.

 

[lwpat]

Better answer. I agree.

 

[HomeGuru]

Everything will depend on your subcontract with the general contractor. I would consult with a local attorney familar with construction disputes and let him review all of the paperwork and advise you accordingly.

You should have fixed the problem the first time.

**A: this was a good response, especially the last sentence.