Denver, CO. USA
I'm about to file a lien on a Home, I completed several phases of Sanding and Finishing this floor with a dark stain. The job was contracted out to me. I walked the floor over with the customer to address any of his concerns before I put the first of three coat of Poly Urethane Oil Modified Finish. I kept the contractor posted via Cell. The Next day he walked the floor he didn't address any concern. after the 2nd coat he again inspected the floor and so did the home owner. My 3rd and final coat had issues mostly cause I did it at night with lights. After I went back and did a fourth coat to make it right the floor was so cold that it created problems with the 3 coat but instead of allowing me to make it right the Contractor told me that the home owner was not happy and wanted the floor completely re sanded. I have Cell phone records where I was in touch with both contractor and home owner. They decided to hire a Professional inspector to right a favorable report for him. I got there approval then they did a 360. The final coat could have been taken care of and did properly if temperatures that were below freezing hadn't effected the out come which could have been corrected, but they decided to get the inspector to pick apart the stain under 4 layers of finish. There are national standards set fourth via National Wood Flooring Manufactures Association(NWFA.org) Which set a criteria for inspecting floors but this inspector and the contractor took photos of things that they where under the finish and had already been approved I have 2 witnesses that saw the customer approve my work. Also the contractor walked the floor twice prior to the final coat and made Zero comments about the stain.Now I know the Judge will make the ultimate discussion but I need help with some legal "Jargon" that will go over best when I submit my " Intent to Lean " real soon. Do you think the Cell records would help. Do I get an affidavit or do I bring the witness's into court?
The real problem came from taking a job on that was already behind schedule, I took this job on with the understanding that I would work over the weekend cause it was my parenting time with my 3 yr old well the contractor pushed me to work over the weekend once I was in the door both customer and contractor where aware of this agreement but they breached that. So I took on the job which became a rush job and sure they may have pictures of legitimate concerns but I went through the proper chain of command and got the approval before proceeding to the next step. Then the contractor decides make me look like the bad or poor flooring mechanic. Input is important to me if your familiar with a god way to word this story more appropriately for court. I will provided all my certifications with my paper work. For what that's worth. I've been in Business 13 yrs I try to get someone out of a pickle but in stead be come part of the Sandwich of an inexperienced flooring contractor making unrealistic commitments and tries to make me look bad to save himself. Now he has opened a Can of Worms to go with his sandwich.
The contractor pushed me by using such words as it is Imperative that the floor be coated and the final coat told me it must be done so I was for sure rushed.
I actually had to get the proper stain from the store.
The flooring Contractor threatens to Counter Sue, for his private independent inspector after the fact. Plus his fee's for showing up to court as a professional witness. I attended the same school as this inspector 3 yrs prior. He's doesn't do hand on work .
I was thinking of itemizing the job up to the final coat and ask only for that amount, since the other parties approved my work up to that point. I'm not even sure they re-sanded the entire floor? Guess we will find out in court.
After the coats were applied the Customer dropped his snow board on the floor and damaged the floor pretty badly.
Also at one point when I was installing the base boards which is the only thing I was paid for a neighbor threw rocks at me cause I was to noisy it was only 7 pm.
Question that might help ?
Advice?
Remarks?
Thanks In Advance Gypsyman the Flooring Tech
I'm about to file a lien on a Home, I completed several phases of Sanding and Finishing this floor with a dark stain. The job was contracted out to me. I walked the floor over with the customer to address any of his concerns before I put the first of three coat of Poly Urethane Oil Modified Finish. I kept the contractor posted via Cell. The Next day he walked the floor he didn't address any concern. after the 2nd coat he again inspected the floor and so did the home owner. My 3rd and final coat had issues mostly cause I did it at night with lights. After I went back and did a fourth coat to make it right the floor was so cold that it created problems with the 3 coat but instead of allowing me to make it right the Contractor told me that the home owner was not happy and wanted the floor completely re sanded. I have Cell phone records where I was in touch with both contractor and home owner. They decided to hire a Professional inspector to right a favorable report for him. I got there approval then they did a 360. The final coat could have been taken care of and did properly if temperatures that were below freezing hadn't effected the out come which could have been corrected, but they decided to get the inspector to pick apart the stain under 4 layers of finish. There are national standards set fourth via National Wood Flooring Manufactures Association(NWFA.org) Which set a criteria for inspecting floors but this inspector and the contractor took photos of things that they where under the finish and had already been approved I have 2 witnesses that saw the customer approve my work. Also the contractor walked the floor twice prior to the final coat and made Zero comments about the stain.Now I know the Judge will make the ultimate discussion but I need help with some legal "Jargon" that will go over best when I submit my " Intent to Lean " real soon. Do you think the Cell records would help. Do I get an affidavit or do I bring the witness's into court?
The real problem came from taking a job on that was already behind schedule, I took this job on with the understanding that I would work over the weekend cause it was my parenting time with my 3 yr old well the contractor pushed me to work over the weekend once I was in the door both customer and contractor where aware of this agreement but they breached that. So I took on the job which became a rush job and sure they may have pictures of legitimate concerns but I went through the proper chain of command and got the approval before proceeding to the next step. Then the contractor decides make me look like the bad or poor flooring mechanic. Input is important to me if your familiar with a god way to word this story more appropriately for court. I will provided all my certifications with my paper work. For what that's worth. I've been in Business 13 yrs I try to get someone out of a pickle but in stead be come part of the Sandwich of an inexperienced flooring contractor making unrealistic commitments and tries to make me look bad to save himself. Now he has opened a Can of Worms to go with his sandwich.
The contractor pushed me by using such words as it is Imperative that the floor be coated and the final coat told me it must be done so I was for sure rushed.
I actually had to get the proper stain from the store.
The flooring Contractor threatens to Counter Sue, for his private independent inspector after the fact. Plus his fee's for showing up to court as a professional witness. I attended the same school as this inspector 3 yrs prior. He's doesn't do hand on work .
I was thinking of itemizing the job up to the final coat and ask only for that amount, since the other parties approved my work up to that point. I'm not even sure they re-sanded the entire floor? Guess we will find out in court.
After the coats were applied the Customer dropped his snow board on the floor and damaged the floor pretty badly.
Also at one point when I was installing the base boards which is the only thing I was paid for a neighbor threw rocks at me cause I was to noisy it was only 7 pm.
Question that might help ?
Advice?
Remarks?
Thanks In Advance Gypsyman the Flooring Tech
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