A right horlicks!!

Discussion in 'Vinyl / Impervious floor coverings' started by Snugfit, Nov 22, 2011.

  1. Snugfit

    Snugfit Well-Known Member

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    Was sent to a job to latex a kitchen was told one bag should do the trick so arrives with yellow bag ardex and raps door.
    Gentleman answers and says here you go.
    Turns out to be a job that was an extension where the builder had married a plywood floor with a concrete floor ( total width 30ft). A fitter (who really knows his onions ) came in and screeded the floor and fitted karndene tiles.
    Because the builder did not brace the floor at the joint it worked itself into a lump and blew the tiles and the screed off.
    The customer addressed this the builder who immediately blamed the old fitter ( now retired after 45 years) on putting 8 mm of glue down that did not dry.
    So the shop sent the old boy back to pull up the bad section of the £3.5k job and rescreed and fix the tiles with what was waste.
    1 year later the tiles started to split and the customer called the shop thinking it was faulty again.
    Because the old fitter had gone to pasture they asked me over the phone my advice so I said it must be a problem in the sub floor in which case it's the builders problem.
    The sales man and the builder met at the house and the sales man peeled of the replaced section and chipped the screed back to reveal a bounce in the joint between the ply and concrete floor.
    Resulting in the builder fixing the spring and the shop agreeing to sort out the floor.
    (Sorry if you are lost!)
    So this is where I arrive not knowing the history if the job.
    I was tasked with trying to screed the area that the builder had fixed in the middle if the floor between two rows of 5 tiles. 6mm into 2mm so that the tiles can be relaid.
    Seeing an almost impossible task I also notice a 3mm crack in the concrete floor running away from the now braced joint and a similar problem further along the the wood/ concrete joint.
    Explained to customer that I could not do the job as I would then be liable for the floor should it be unacceptable and he accepted this also explained that I wad well impressed with the shops customer care in offering to fix the floor even after the builder was found to be at fault.
    He ask what advice I would give and I said get builder to lift the lot fix the floor and then pay fir the floor to be relaid on a sound sub floor.
    Watch this space!!
     
  2. tarkett85

    tarkett85 Well-Known Member

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    had a few jobs similar to that, especially when i do a rh test on concrete screed tell them they need dpm they phone builder who promptly tell them they don't, i get them to sign disclaimer fit the flooring and low and behold flooring or screed blows. customer asks what to do now my answer get your builder to pay (i make sure their advice is in writing), builders really don't like me ha ha :lol:
     
  3. Trimmer

    Trimmer Well-Known Member

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    Problem is that getting them to sign a disclaimer proves that you knew there was a problem and installed flooring regardless. If it goes to court you're liable because you knew and still fitted.
    Crazy but that's how it works, its worse having a signed disclaimer than not having one.
     
  4. Snugfit

    Snugfit Well-Known Member

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    That's what I said when the customer asked me to do it anyway. Disclaimers aren't worth anything. If a job is worth doing then it's worth going right!
     
  5. Matt

    Matt Well-Known Member Staff Member

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    the disclaimer could always read that you are supplying and installing a temporary floorcovering for the consumer while they commission work to rectify the subfloor issues etc ;)
     
  6. tarkett85

    tarkett85 Well-Known Member

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    Exactly what is put in any of our disclaimers that the flooring should only be temporary until any discrepancies are rectified
     
  7. Jay

    Jay Well-Known Member

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    That really depends on how the disclaimer is written up which is why I had a solicitor write one up for me, which just concentrates on the facts and that I have explained the facts in all their glory an highlighted the potential failing and pre-empted the failing an cause.
    In any case the judge is only interested in the facts yes the fact you are the installer an the person with the experience to make the judgement on site means you are responsible for explaining these facts to the customer in detail an if written into said document in the same detail they were explained and understood then signed by all parties it will stand as a legally binding document that shows you expained the facts fully and all involved were aware of the facts.
    What ever you do get it written up by a solicitor may cost you a few quid but will save you a lot more in the long run.
    Remeber we are just humble floor layers an have very little if any at all understanding of legal terms where as a solicitor knows and has spent many years studying law so best to get it written up by one.
    And I've lost count of how many times I have flashed mine under the nose of a customer an then watched them skirm an back peddle an change their mind set to mine. Thus culminating in the job being done correctly.
     

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