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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Recently had floors replaced. Ceramic tile removed, engineered

Customer Question

Recently had floors replaced. Ceramic tile removed, engineered hardwood installed. Poor installation - floors higher in spots, unlevel, ends of boards placed too close to next board end- not spaced 8 or more inches as instructions specify- 2-3 inches often. Boards butt up against drywall in many areas not leaving room for exspasion and gaps between boards not closely fit as in samples. Carpet One is saying installer has the right to reinstall- I dont want him to do any further work for me- what aremy rights?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
The contractor does have a right to make repairs, but if they fail to properly install the floor (either the first time or in a subsequent repair) you can sue them for breach of contract.(Fortunately, California does have a $10,000.00 cap on small claims cases, so this covers most home improvement disputes, you can find information on filing a small claims case here together with the necessary forms: http://www.courts.ca.gov/1007.htm).As with any other contract matter, start by carefully reviewing your contract document itself, this is going to be the key document for resolving your dispute, and your rights are going to be primarily based on the terms stated in the document. Look in particular for any "dispute resolution" requirements (a lot of contracts require mediation or arbitration prior to filing litigation).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.(You can also try filing a BBB complaint - the BBB is fast, and free to consumers, they do not have any enforcement authority, but filing a complaint can often help you resolve a dispute quickly, and if it doesn't work, you will not have compromised your ability to go to more formal mediation or litigation, you can file a BBB complaint here: https://www.bbb.org/consumer-complaints/file-a-complaint/get-started).