Consumer Law, Warranties Floored in Ohio

[lizelayman]

Jurisdiction

Ohio

I had a new floor installed. Prior to the new floor, I had a glued down engineered hardwood.
I asked the project manager if I could have a floating floor. I was told yes and a floating floor
was installed. Ever since it was installed in 2013, it comes apart in one specific area. The contractor
has tried fixing but the problem continues. I am now being told that I shouldn't have had a floating floor, but it should have been glued down. The contractor has come up with a plan for a partial glue down, but I will lose the manufacturer's warranty and the contractor will not guarantee their fix.
Is this a viable case?
Floored in Ohio......

 

[army judge]

I had a new floor installed. Prior to the new floor, I had a glued down engineered hardwood.
I asked the project manager if I could have a floating floor. I was told yes and a floating floor
was installed. Ever since it was installed in 2013, it comes apart in one specific area. The contractor
has tried fixing but the problem continues. I am now being told that I shouldn't have had a floating floor, but it should have been glued down. The contractor has come up with a plan for a partial glue down, but I will lose the manufacturer's warranty and the contractor will not guarantee their fix.
Is this a viable case?
Floored in Ohio......

In Ohio Product liability claims have a 2 year SOL [Oh. Rev. Code § 2305.10(A)]
Contract claims could have a four or six year SOL, if there was a written contract.

Even if you had an actionable claim, the SOL may prevent you from suing.

You need to see a licensed lawyer (or two) in your state to discuss this in more detail.

The initial consultation is normally offered free of charge.

Good luck.