Delayed discovery avail for home improvement small claim?

J

jezrock

Guest
Jurisdiction
Texas
In early 2011 I had my tile floor and carpet removed by New Century Floors, Houston Tx and hardwood floors placed. I purchased the flooring materials (wood, adhesive, transition pieces) through Lumber Liquidators and used an installer recommended by their salesperson. That floor failed; buckled. The same salesperson and installer "worked with me" to get that product removed and a new floor installed - I paid for the new materials and paid for all of the labor associated with having the first floor removed and the second floor placed. The second floor has also failed. In September of 2015 I filed a warranty claim with Lumber Liquidators. I went round and round with them for months, and in the end, a certified independent floor inspector, on behalf of Lumber Liquidators inspected the floor in situ and had us remove three area of the floor for lab inspection. In the end, the inspection came back as failure due to improper installation. Do I still have recourse against the installer since I only learned that he was responsible for the floor failing one year ago? I have tried to make contact with the installer but he is not responding to my e-mails and is not picking up certified mail. Thanks for any help you can offer, Susan Fajkus
 
Installers are independents, and tend to "come and go".

There's no requirement for anyone to sign for certified mail, or any other signature delivery service.

You can attempt to sue the individual, if a deputy or constable can locate him to serve him.

Even if he's served and you receive a judgment, collecting on it (especially in Texas) probably wont happen.

Your repeated nightmare is why many people engage in extreme due diligence before hiring any skilled tradesperson.

Perhaps you can contact the Texas agency overseeing licensed contractors, assuming your installer was licensed for specialty trades.

Only specialty contractors, including HVAC, fire sprinkler systems, plumbing, and well drilling/pump installation specialists, need to be licensed in Texas.


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