Who do I go after?

[Floored in Wisc]

In 1997, the vinyl flooring was installed in our new home.
In 1999, orange spots started to appear on the flooring.

We worked with the retailer/installer to try to get this resolved. In February, 2001, they indicated that the vinyl flooring manufacturer says the spots are caused by the underlayment.

We then contacted our builder, who initially told us the "floor would get replaced, at no cost, one way or another." However, the underlayment manufacturer, says the vinyl manufacturer knew that there was a problem with using that type of underlayment in 1995 but did not communicate that to installers. Now everyone says it is someone else's fault.

The floor cost around $1900. Does it make sense to go to small claims court? If so, who should the claim go against, my builder, the floor retailer, the vinyl floor manufacturer, the underlayment manufacturer?

This is in Wisconsin.

 

[I AM ALWAYS LIABLE]

My response:

First, before you do anything, you have to understand that you can't go around suing everyone without evidence. Sure, I understand you have a flooring problem, but as the Plaintiff, and a layperson, you first need to demonstrate and prove to a judge your initial burden of what has caused the problem, and therefore, being able to know whom to sue. Remember, a judge is not in the flooring business.

So, you'll need to obtain all written information about the flooring itself, and the underlayment. Then, you'll need to hire a disinterested flooring expert to give you a written opinion of the problem and a professional opinion of the problem's cause.

Then, once you know that information, you'll know whom to sue, and be in a better position to prove your case and win.

Good luck to you.

IAAL