ᐅ Damage to hardwood flooring / financial compensation for damages
Created on: 15 Mar 2015 20:51
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binsoweit
Hello,
we have the following problem. We purchased a newly built apartment. During the installation of the oak parquet flooring, the drying times apparently were not observed. The floor is completely glued down and then varnished. After some time, filler material started to push up like swellings in more and more areas. These are noticeable throughout the apartment and sometimes appear as narrow, sausage-like bulges along the joints.
The floor installer casually said that the floor would just need to be sanded down again and resealed. We have approximately 64 sqm (690 sqft) of parquet installed in the apartment. Three rooms are connected continuously with this parquet. For us, this would mean moving out, storing the furniture, and being accommodated in a hotel for about three days.
According to the builder, we are obliged to cooperate, meaning to empty and pack the furniture ourselves.
The whole situation is overwhelming for us, and we would prefer to receive a compensation payment instead, in other words a price reduction. However, according to the builder, this would be limited to the net price of sanding and resealing, about €14 (about $15) per sqm (about 0.1 sqft). This price does not correspond to the actual damage for us. Additionally, we would have to waive all warranty claims and assume the risk of having to fix it ourselves later on. In that case, the proposed payment would certainly not be sufficient.
Therefore, our question is: Is the builder correct? Or should the compensation be higher?
Thank you very much for any help!
we have the following problem. We purchased a newly built apartment. During the installation of the oak parquet flooring, the drying times apparently were not observed. The floor is completely glued down and then varnished. After some time, filler material started to push up like swellings in more and more areas. These are noticeable throughout the apartment and sometimes appear as narrow, sausage-like bulges along the joints.
The floor installer casually said that the floor would just need to be sanded down again and resealed. We have approximately 64 sqm (690 sqft) of parquet installed in the apartment. Three rooms are connected continuously with this parquet. For us, this would mean moving out, storing the furniture, and being accommodated in a hotel for about three days.
According to the builder, we are obliged to cooperate, meaning to empty and pack the furniture ourselves.
The whole situation is overwhelming for us, and we would prefer to receive a compensation payment instead, in other words a price reduction. However, according to the builder, this would be limited to the net price of sanding and resealing, about €14 (about $15) per sqm (about 0.1 sqft). This price does not correspond to the actual damage for us. Additionally, we would have to waive all warranty claims and assume the risk of having to fix it ourselves later on. In that case, the proposed payment would certainly not be sufficient.
Therefore, our question is: Is the builder correct? Or should the compensation be higher?
Thank you very much for any help!
B
Bauexperte16 Mar 2015 11:08Hello,
What concerns me is that I cannot find any comments from you regarding the durability of the parquet’s renewed treatment. Is it guaranteed now that the screed is really ready to be covered in the meantime? Can it be ruled out that any remaining residual moisture might not find its way out again after the parquet is treated again? If you cannot answer these questions conclusively and to your satisfaction, you should consider having an expert specialized in wood and parquet work inspect the flooring. This is always money well spent; moreover, such an expert can also act as a mediator or buffer, as people are not robots and do make mistakes.
I still notice some spots in our house where something was “botched” or forgotten during our private work; of course, we always say: we’ll fix that quickly later. But the fact is, if it’s not tackled right away, it stays there, and I keep looking at those spots. I’m sure you will experience the same; just think about it 😉
In the end, there is no “jack of all trades”: either you agree to compensation and constantly keep an eye on the apparently defective parquet, or you let the flooring specialist do the job properly.
Best regards,
Bauexperte
binsoweit schrieb:He is probably referring to a clause in the contract you signed upon purchase. Check your purchase agreement. And to be honest, I don’t find it such a big deal if you pack your own household; personally, I wouldn’t mind that and I have moved quite a few times 😉
According to the client, we are obliged to cooperate. This means emptying and packing furniture, etc.
What concerns me is that I cannot find any comments from you regarding the durability of the parquet’s renewed treatment. Is it guaranteed now that the screed is really ready to be covered in the meantime? Can it be ruled out that any remaining residual moisture might not find its way out again after the parquet is treated again? If you cannot answer these questions conclusively and to your satisfaction, you should consider having an expert specialized in wood and parquet work inspect the flooring. This is always money well spent; moreover, such an expert can also act as a mediator or buffer, as people are not robots and do make mistakes.
binsoweit schrieb:Regardless of whether your contractor is right or not—maybe Voki will comment on this—I wouldn’t want to live with a compromise that has an uncertain outcome. While I fully understand that every client wants to finally settle into their new home, there is a contract that regulates these procedures; this includes the fact that the apartment must correspond to the agreed-upon condition.
Now the situation is just too much for us and we would rather lean towards compensation. Meaning a price reduction. According to the client, this would only be based on the net price for sanding and resealing — about €14 per square meter (approximately $15 per square foot). This amount is totally out of proportion with the damage for us. Especially since we would then waive all warranty claims and bear the risk of having to fix it later anyway. In that case, we certainly would not agree with the proposed compensation.
Therefore my question: Is the client right? Or should the compensation be higher?
I still notice some spots in our house where something was “botched” or forgotten during our private work; of course, we always say: we’ll fix that quickly later. But the fact is, if it’s not tackled right away, it stays there, and I keep looking at those spots. I’m sure you will experience the same; just think about it 😉
In the end, there is no “jack of all trades”: either you agree to compensation and constantly keep an eye on the apparently defective parquet, or you let the flooring specialist do the job properly.
Best regards,
Bauexperte
B
binsoweit16 Mar 2015 13:55Bauexperte schrieb:
Hello,
He is probably referring to a clause in the contract you signed when purchasing. Take a look at your purchase agreement. And honestly? I don’t think it’s such a big deal if you pack your own household; I’d actually prefer that myself, and I have moved many times 😉There is no such clause. The parquet flooring is only listed as part of the scope of work in the project description. It’s not about packing yourself. The issue is that you basically have to move everything out and back in again. As far as I know, furniture or anything else does not improve by doing this. On the contrary. During the move-in, the moving company damaged quite a few things, for which you (if at all) only receive the item’s current market value. Not to mention the worn corners and shabby condition of some items.
D
Doc.Schnaggls16 Mar 2015 14:14Hello,
as mentioned above, I would ask the developer to provide you with a written statement explaining the legal basis for your obligation to cooperate.
For a new apartment, I would not agree to any unofficial deals but insist on proper workmanship; otherwise, you might be dealing with the consequences of the mistake for years.
However, I would also like to add the following:
Parquet flooring cannot be sanded down indefinitely – depending on the thickness of the top layer, it can only be done a limited number of times.
This initial sanding already reduces the value of the floor – I would not accept this without appropriate financial compensation.
Regards,
Dirk
as mentioned above, I would ask the developer to provide you with a written statement explaining the legal basis for your obligation to cooperate.
For a new apartment, I would not agree to any unofficial deals but insist on proper workmanship; otherwise, you might be dealing with the consequences of the mistake for years.
However, I would also like to add the following:
Parquet flooring cannot be sanded down indefinitely – depending on the thickness of the top layer, it can only be done a limited number of times.
This initial sanding already reduces the value of the floor – I would not accept this without appropriate financial compensation.
Regards,
Dirk
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binsoweit16 Mar 2015 14:21Supposedly, it is only sanded down. The idea is that only the paint layer is removed.
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Doc.Schnaggls16 Mar 2015 14:39In that case, I would ask for a written guarantee that the parquet floor can be sanded x more times.
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