Do I need to pay for this work?

[mitchm]

What is the name of your state? California

Hello,
About 4 months ago I finished a major remodel of my house. The contractor included a 12 month warranty for all work in our contract. Since the completion of the job there has been some major warping of some new hardwood floors that were installed as part of the remodel contract in an existing part of the house. The contractor had the flooring company come out and replace the problem wood planks.
The contractor discovered some minor discoloration of the wood flooring that bordered the exterior wall. He is claiming that water is leaking in from a previously existing wall so it is not his responsibility.
Now he is telling me that I must deal with the flooring company directly since none of this was his fault.

Here are my concerns/questions...
1) How can I be sure that what the contractor claims is the cause of this damage is actually true? I don't know a lot about construction but it seems odd to me that a very minor amount of discoloration in on plank of wood can cause a 4 inch rise and ballooned floor 2 feet away.
Also, we never had any water leaking into this previously carpeted room before.

2) I was never given an estimate or quote on the work performed for this repair. I was always under the assumption that it was covered under the warranty. So now that the work is done I am being asked to pay $500 for what amounted to 2 days of work. I never agreed to this, am I legally obliged to pay this amount?

3) I have no relationship with this flooring company at all. Is it right for the contractor to bail out and leave me to deal with them? Shouldn't he be dealing with me on this?

Any advice is appreciated. Thanks!

 

[Buzz123]

You really need to investigate the contractors claim of water leakage. Yes water can cause a 4 inch rise in a hardwood floor, I have seen worse. After flooding I have seen hardwood floors buckle and rise 2 or 3 feet. It is hard for me to figure out any other cause for it. I have never seen hardwood flooring warp and rise like that except as the result of water damage. If you have an ongoing leak the damage will get worse, and other water damage will occur, you need to fix the problem.

I am not sure what the contractor's responsibility is here; if the leak occured after the floor was installed probably none. If it was ongoing before and in a way that should have been obvious to him maybe he does. If he some how caused the leak (drove a nail into a pipe under the floor for example) he may well be responsible. This is all speculation, it really depends on what your contact says and the law.

I am not a lawyer but it seems to me that if your contract was with the contractor then that is who is responsible to you.

Best of luck with it.

 

[HomeGuru]

My opinion is that the GC is responsible as that is the contractor that you signed the contract with.