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    omatisse's Avatar
    omatisse Posts: 1, Reputation: 1
    New Member
     
    #1

    May 3, 2007, 08:20 AM
    Sub-contractor / CONTRACTOR liability
    We Had Flooring Installed In Our Home. The Company Who We Bought The Flooring Promised The Flooring To Be Glued Down. Instead Their Sub-contracted Foreign Installers Drilled Through The Concrete. Water Is Now Shooting Up Through The Holes Like A Fountain.

    The Company Told Us That The Damage Would Be Repaired And The Flooring Would Be Replaced. The Sent Someone Out To Assess The Damage, Remeasure Since They Lost My Paperwork, And Show Me New Flooring Since The Original One Was Discontinued.

    When The Company Received The Contractor Quotes For The Damage, I Was Informed It Was My Problem And I Was To Deal With The Third Party Contractor.

    After About A Week With No Answer From The Company Regarding The Sub-contractor Name, Insurance Co. Or Any Contact Information The Company Informed Me They Were Going To Deal With It Again. They Informed Me I Needed To Call My Insurance Company And Have Them Determine Who Was At Fault. So I Did. The Insurance Co. Determined The Strips Were Nailed/ Screwed Through The Floor.


    I Informed The Company Of The Determination. At Which Point They Informed Me They Did Not Believe Their Salesman, My Insurance, Or The Contractors. They Needed Visual Proof.

    So I Sent Them Photos Confirming The Tack Strips Were Drilled / Nailed, Not Glued. A New Representative Took Over My Claim . I Was Told I Was At A Stalemate With The Other Representatives.

    He Informed Me He Would Send This Claim Again To His Legal Department And Again To The Sub-contractors Insurance Company. No One From Either Of The Insurance Company's Have Contacted Us.

    So Where Do I Go From Here?

    When Hiring Foreign Laborers As Sub-contractor Where Does The Liability Fall?
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
    Ultra Member
     
    #2

    May 3, 2007, 08:30 AM
    The liability falls with the company that you contracted with. I am assuming that you received a certificate of insurance prior to the job? If not, do you now have the name of their insurance company? If I were you, I would ask my insurance company if they would intervene for you and speak with their insurance company directly. If your insurance company refuses to get involved, then I would speak with an attorney. Show him all the paperwork, all accompanying photos and write up a log of all the conversations. Ask him to send a legal letter to the original company demanding either full restitution, so you can hire someone else, or to correct the problem. If you don't want to hire an attorney, send the letter yourself, threatening them with legal action if they do not resolve the problem. Send the letter certified, return receipt requested. If it doesn't make them sit up and take notice, you may not have any recourse but to hire an attorney.

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