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contractor ran out of materials

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mjpish

Junior Member
What is the name of your state (only U.S. law)? Virginia
Ordered flooring from a company, had floor measured and hired contractor to install flooring from another company but was recommended by material company.

Was measured to 730 sq ft by the installing company which matched exactly another outside measure I had done. Ordered 795 (based on amount of material per box) which = approx. 8% above for waste etc.

Installers called 2 days after they started and stated they did not have enough flooring to complete job and were short 110 sq feet even with the extra 8% I ordered. Extra 110 sq feet costs approx. $400.

Installers think material company shorted them. Material company doesn't know what happened but thinks installers lost some boxes.

Who should pay for the extra needed material to finish the job?[/U][/B] [/U][/B]I'm happy to buy one more box to get above the 10% extra for waste but above that don't think its my responsibility.

The other issue is that the installers did a horrible job installing what they could finish and I was so unhappy I basically fired them. They offered to pull up floor and see why it was so uneven but I didn't trust their work at that point. Then they offered to walk away and allow me to have another company fix what they did and finish the job. I hadn't paid them anything at that point.

So it makes it more difficult to ask them to pay the extra material.

Do I have a court case against installers or material store? If so can I sue for time lost from work for going to court? I feel attending court will cost me vacation time which in long run minimizes net amount I would recover if I win.
 


tranquility

Senior Member
By using the flooring (through your contractors), you almost assuredly accepted the tender as correct. (See UCC 2-606) There may also be a writing someone signed saying the proper amount was tendered with reservation of inspection.

I think the manufacturer is a high hill to climb at this point.

That leaves the installer. If he signed for the goods as tendered in the proper amount and cannot adequately explain the reason it would not complete the floor, you may have a case. "May".

Your time in prosecuting any case you might have against either is not going to be compensated for.
 

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