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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117358
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Last December a flooring company installed over a 1000 sq ft

Customer Question

Last December a flooring company installed over a 1000 sq ft of Mannington Laminate flooring. Immediately we began to have problems with the installation and the product. Poor workmanship and the laminate flooring began to have a 'washboard' look to it. An independent inspector was sent (Mannington sent him) to our home in May to test our flooring. The manufacturer claimed that at the time of the test there was more than 15% humidity in our home which they said caused the problem. April/May were two of the wet's months on record in central TX but the problem began long before April/May. We have a terrible looking floor we believed was cause by moisture in the product from the factory. Moisture in the laminate backing is a real problem for the manufacturers of laminate flooring but Mannington is unwilling to address our problem. The cost of replacing our flooring (labor+material) 5 to 6 thousand dollars. What can we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The issue here is you are claiming it is moisture in the product, which would be the manufacturer's liability, but they are claiming moisture in the home, which would be your liability. So, in order to hold the manufacturer liable, you are going to have to find a flooring expert who is willing to write a report that it is the material that is defective and it is not from moisture in your home. In order to have any legal support for your claim, the expert will be essential. If you cannot get an expert to attest that the moisture was not caused by your home and it was a defect in material, then you could not pursue a claim against the manufacturer.

You could still potentially have a negligent installation claim against the installer, since it is their job to test for humidity and moisture in the home before applying the flooring and if they failed to do so, their installation would be negligent and as such you could sue them for that negligent installation and the cost of the flooring, which you would have to bring in the district court based on the value of your claim and you would likely need a local consumer protection attorney to do so.

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