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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am leasing an office space. The building owner is a

Customer Question

I am leasing an office space. The building owner is a contractor and insisted his crew put in my flooring, which is bamboo. I paid for the flooring and installation. His crew put in the floor incorrectly and didn't account for expansion in the warmer weather. also, they did not put any spacing in the doorways. we have had several occasions where the floor has been buckling with expansion due to temperature changes. I have an extremely difficult time getting the owner to get his crew to come fix the floor. This is a liability issue. I have told him that we have mom's with babies and that people are tripping over the floor. The longer he waits to fix it, the bigger the problem becomes. We called him two days ago to let him know we had a pregnant woman trip and fall. He has not responded to our call. He was supposed to have someone in here 2 weeks ago to fix the problem. I am tired of feeling like I have to scream to get anything done. this is a severe liability issue. I paid them to install the floor, they didn't do me any favors. I have had other flooring people come in and tell me how they put it in wrong. I don't want anyone to get hurt or to get sued. Please help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the owner negligently installed the flooring, then if they won't make any necessary repairs, then your recourse here is to have the work done by a professional flooring company to correct the problem and then seek reimbursement for the costs from the owner.

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If they won't voluntarily pay for any repairs, you will have to sue them in small claims court under a negligence and breach of contract claim since it was their job when they installed the floor to do so correctly and in a workmanlike manner. The small claims court limit is $5,000 and the clerk will have the summons and complaint forms you need to file to pursue this if the owner won't reimburse you.

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But this is something that rises to emergency status because you are liable and can be sued if someone trips and is injured due to the defective flooring that you had installed. You can then sue the owner for the defective install, but that won't prevent you from being sued and having to defend.

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thanks

Barrister

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