[Jwood77]

While showering tonight my husband's heel of his foot went right our three year old Kohler Devonshire bathtub. We had our bathroom renovated at the time by a contractor that is also a neighbor of ours. Of course... the tub is subway tiled on three sides and has 1 inch hex on the floor in front of it... not an easy job to remove.

From day one the tub had kind of a soft spot that creaked. I brought it up and my contractor said it was nothing.

What do I do? I left a message on the customer service line for Kohler, but I'm thinking they're just going to say it was installed wrong.

Should I get my homeowner's insurance involved?

I don't know how to prove whether it was a faulty tub or my contractor rushed the job. Any info greatly appreciated.

[massplumber2008]

Hi Jwood77:

Kohler allows for this tub to be set in mortar or cement, OR it can have the leveling blocks adhered to the floor.

I am a fan of the mortar/cement application, but it not required so I am thinking that the tub itself may be the problem... not the installation... AS LONG AS THE LEVELING BLOCKS WERE ADHERED TO THE FLOOR... ;)

Your best bet at this time will be to contact a kohler representative in your area and have him drop by to talk with you AND your contractor neighbor and see what they have to say about the tub and the tub installation. I'm pretty sure that the limited warranty has expired here, but insist that they drop by and most likely they will.

Let us know what you think...

MARK

[Jwood77]

Thanks for the info! I never would have thought to have them both over at the same time to look at it.

I don't know, but I'm betting it's installation. When you stand in our tub there are a couple of places where you can feel something like wood framing with a bouncy area between. I wasn't happy with the whole renovation experience, although I unfortunately kept my mouth shut since they are neighbors. Ugh.

[massplumber2008]

Hi again:

Those places where you can feel something like wood blocks are probably the leveling blocks. Anything "spongy" in between should really be a manufacturer issue... ;) It is the manufacturer that only "recommends" bedding substrate... should be REQUIRED!! I am and will always be a firm believer in a setting substrate like cement, mortar or structolite being used under all fiberglass/acrylic tubs (except american standard americast tubs as these void warranty)... avoids issues exactly like this!

In terms of contractor responsibility, if the leveling blocks are shimmed/adhered to the floor there should be no issue on his part. However, if nothing between the blocks and the floor then this should end up being his issue and hopefully he can help you in some way. Best way to determine this is to look through an access panel at rear of the tub/shower valve wall and see if you can see anything under the blocks. You may also need to open a wall from the back side if possible.. see if you can see in under tub. This could be done by removing wooden baseboard on rear wall and cutting hole smaller than baseboard to see if blocks are secured to floor. You would reinstall baseboard afterward and would never know you made hole in wall... ;)

Here is a link to the installation instructions for your tub.. perhaps this will help in talking with everyone:

http://www.us.kohler.com/onlinecatal.../1084213_2.pdf

Page #9 addresses the two methods of tub installation.

Just some ideas for you.

Let us know if we can help...

MARK

[ballengerb1]

I agree with setting in mortar, I use modified thinset and have had no issues. Sqeeking and creeking and the installer saying it was nothing makes me lean a bit back at the installer.

[Jwood77]

Gosh - thanks for all of the great advice. Kohler and my contractor are both coming tomorrow afternoon and I want to have as much info ready as possible, although I'm going to step back and let them "duke it out."

I was also looking at the warranty. At the bottom it states,

"Some states/provinces do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of special, incidental or consequential damages, so these limitations and exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights which vary from state/province to state/province."

I've been googling all day but I can find out whether Oregon is one of those states.

My contractor came over last night and says it's definitely a tub problem, given the way the hole is round and the shape of a heel. He says that incorrect installation would've resulted in a vertical crack.

If it is Kohler's fault am I S.O.L. I can't imagine a large company paying for anything more than the tub itself. The tub was only $400 - which is nothing compared to removal, installation, re-tiling and labor.

Thanks again!

[ballengerb1]

They usually only cover the cost of their product and not the tiled wall or labor. IF they accept responsibility they may offer a depreciated price.

[Jwood77]

I just talked to my Homeowners Insurance rep. I may be lucky that I live in Oregon. According to Oregon's Statute of Repose, I can go after a manufacturer for 8 years and a builder for 10 years.

Oregon also does not recognize limitations on implied warranties, which may mean that I can get them to cover more than just the tub? Hopefully?

[ballengerb1]

You go for it girl.

[Jwood77]

Uh oh. That doesn't sound too hopeful :)

I guess I have nothing to lose!