Consumer Law, Warranties Substandard Tilesetting - Who should pay?

[CWandKTM]

We are a small general contracting firm in Illinois who subcontracted the tilesetting out on a bathroom remodeling job. We have used this company in the past for tilesetting without any problems. Their work on this particular job was extremely poor. The homeowner was not happy with it and either were we. The company said there is nothing wrong with the tile work, it is more than acceptable. We are going to have to pay about $4000 to purchase new tile, demo the tile they laid, and re-prep the shower and floor. I have asked them to cover at least the cost of the tile and demo but they so far have not agreed. I've got pictures of the job as well as 2 independent (I have never met them before now) tilesetters who agree the work is substandard and unacceptable.

How should we move forward in trying to recoup some of our losses on this job?

Thanks in advance for your advice.

 

[dee_dub]

What's in your subcontractor agreement? Most of the ones I see are favourable to general contractors, such that if the work is not done to your satisfaction you don't pay.

As far as recouping the costs, I'd guess your subcontract agreement is silent. You could sue for damages in negligence. Before you do that, you might strongly intimate to them that you will be forced to pursue court action against them, detailing the reasons why you would succeed, and suggesting such unpleasantness could be avoided by them reasonably agreeing to reimburse you for the costs of the materials.

 

[presutin]

How should we move forward in trying to recoup some of our losses on this job?

Sue them in small claims court and use the evidence you have to enhance your case (pictures and independent contractors). Hope this helps!