Liability question

[LeeCory]

I have never had a situation where there was question about liability for damage.

I did a commercial tile cleaning job on Sunday at a hair salon. Got a call on Monday saying they have some Pergo at one of the corners that is warping up and asking if I had anything on it that would leak water. When I went to see it and it appears the tile in the area in question slopes a bit to the area of Pergo that has the problem. The only way any moisture could get into the area would have come from when I pre-sprayed the floor ahead of scrubbing with oscillator. That is the only moisture used.

I had a contractor go and take a look at it and he felt that while some moisture may have sloped to the area it also appeared that there could have been some previous issue. He felt there was some damage prior.

I assume some moisture may have run into the area and added to the problem warping a couple pieces of the floor. But my question is about how much liability is mine. I worked with reasonable care and was not aware of any sloping before doing the work. There was no caulking to prevent water from getting to the area, and the area is the hair washing station. The Pergo is an inch thick and probably 4 boards are affected. It could run into replacing the entire area and would not be inexpensive.

The job total was about $650 and they have not paid me yet.

Am I liable?

 

[hogjowl]

I can tell you this, Pergo specifically states that for it to be warrantied against water damage, the floor must be sealed with silicone around its entire perimeter. This means the expansion space must be filled with silicone.

If it isn't, then should you be held liable for an installation related failure?

 

[Desk Jockey]

Despite what pig breath (Hehee) says, you know the rule, last guy to touch it buys it.

No, it's not fair, but I doubt you'd have a chance in small claims court.

You may have only contributed to a pre-existing problem, but if you didn't point it out ahead of time, you're going to shoulder the blame.

What does she want? Is she will to negotiate for service rendered or does she want a new floor and expects the services for free?

That sucks, sorry man!

 

[Dolly Llama]

"The Pergo is an inch thick"

an inch thick????

you sure??

The Pergo I've seen isn't near that thick.
Maybe 3/16 to a 1/4"
and I thought it was pretty much indestructible.


Could it be the sub floor under the laminate that's buckled?

Is it genuine Pergo, or another laminate or maybe veneered flooring?

Reason I ask, lots of folks call any generic laminate flooring "Pergo" and there can be a tremendous difference in quality from "real" Pergo and the .88 cent a sf Home depot generic stuff


..L.T.A.

 

[LeeCory]

Exact brand I can't say, but I can say that it is "thick" and in a commercial high end hair salon.

Also something my wife just told me. She said that when she was in there this afternoon with the contractor and a girl at the sink said "oh ya, there was alot of water over there last week". And my wife questioned her about when, and did she mean Monday. My wife said the lady then sorta back peddled and wasn't sure exactly when.

I can assure you that there wasn't "alot" of water when I was done. When done with the area it was hand wiped down. My other question or doubt was to whether inch thick pergo could warp in a days time with minimal moisture.

Thanks for the replies.

 

[Johnnyone]

I seen wood warp, swell when wet

I seen wood go back to normal when dry

Pergo is not wood mostly compressed cardboard that is treated.

Hope it work out for you

 

[Gary T]

Being a Pergo trained installer, I seriously doubt what you did caused the damage. It needs to be exposed to heavy moisture for a while to cause what you described. Because it is installed in a wet area, the ends should have been siliconed. Unfortunately the burden of proof may well be on you. The damaged planks can be replaced without a full tear out.

 

[TimP]

I have sold and have installed the mess not pergo exactly but shaw, columbia, and alloc brands. All I can say is that it takes a lot of moisture for a long time to damage these brands. I don't know about pergo but from what I understand it's junk. Sams club stuff is the worst in my opinion. People don't understand that you pay for what you get. I can tell you from previous experience that it takes about 3 days for shaw laminate to start warping, and if you get it up right away and dry it you can put it back down I don't know about the rest but a bit of prespray for a few hours isn't going to do it.

Also keep in mind that pretty much all laminate has wax or equivalent on the seams to keep moisture from flowing through the joints and the surface is sealed for moisture. Not to say let it sit there for a long time because it will discolor and damage it over time. However a good carpet cleaner in my opinion should always towel dry laminate and wood floors when they are done cleaning to insure it's not your fault. In fact it's what I do even with tile transitions to help prevent slip and fall.

 

[bubba]

Are you insured? If so get your insurance company involved. They will do the work for you and if your liable you can then take care of it or they'll do it for you depending on your deductible.
You pay for insurance. don't be afraid to use it.

 

[B&BGaryC]

Are you insured? If so get your insurance company involved. They will do the work for you and if your liable you can then take care of it or they'll do it for you depending on your deductible.
You pay for insurance. don't be afraid to use it.

GENIUS!!!

Of course. The insurance company knows how to get out of that stuff when people try to pin crap on you. My ins. adjuster nailed some lady who was trying to get us because I "bleached" her 100% solution dyed olefin carpet with coffee stain remover. I knew it was impossible when she told me over the phone. He vacuumed up the powder residue and asked her where the damage was. Sweet victory.

 

[bubba]

Come on, don't give me that much credit.