ᐅ Different floor tiles than originally selected were installed.

Created on: 2 Oct 2008 11:35
U
Unregistriert
U
Unregistriert
2 Oct 2008 11:35
Hello,

We have a big problem. We built with a general contractor (GC). Before construction started, we selected the tiles and decided on a square slate tile with texture.
We took this tile as a sample and chose the kitchen, bathroom, and sanitary facilities based on it.
Now, at the handover of the house, we realize that a different tile was installed (light gray without texture). The kitchen no longer fits, and so on...

I informed the GC, and afterwards the tiler came by. He had a document from the selection process that listed both tiles, but the one we wanted was crossed out as an alternative. The signature on it was only his.

We never discussed "alternatives" but clearly decided on the textured tile.
He tried to fool us and said that the tile was installed exactly as selected.

However, at that time, we only took one sample tile (with texture), which the floor installer gave us to help select the other areas.

The GC doesn’t really believe us either...

What can be done in this case, or where can one turn for help with an issue like this...

Thank you for the assistance...
B
BauLine
3 Oct 2008 00:06
If you built with the general contractor (GC), then they are your sole contractual partner! Regardless of what the tiler visiting the construction site thinks or says.

The selection results were received by the GC, who then calculated the corresponding additional or reduced costs and presented them to you for signature. Therefore, only what is stated and signed here has become part of the GC’s contractual scope of work. This should be your primary focus when reviewing the situation, and if the facts are as you described, then it may be a shortcoming of the GC in relation to their subcontractors, in this case, the tiler.

If the GC failed to provide or order the correct tiles from the tiler, then it is also the GC’s responsibility to correct this. This would mean removing the unwanted tiles and replacing them with the selected ones.

Were you never at the construction site during the building or installation phase, when you could have noticed this immediately?
U
Unregistriert
3 Oct 2008 10:22
BauLine schrieb:
If you built with the general contractor (GC), then they are your sole contractual partner! It doesn’t matter what the tile installer arriving at the construction site says or thinks.

The GC should have received the sample selection results and calculated any additional or reduced costs accordingly, then presented these to you for signature. Only what is written and signed here becomes part of the contractual scope of the GC’s services. This should be your primary point of review, and if what you described is accurate, then it might be a failure on the GC’s part toward their subcontractors, in this case, the tile installer.

If they failed to pass on the correct tiles or to order them from the installer, then it is the GC’s responsibility to fix this now. This would mean removing the unwanted tiles and replacing them with the selected ones.

Were you ever present at the construction site during the building or installation phases so you could have noticed this immediately?

Hello BauLine,
unfortunately, the floors were completely covered with a fleece.
We were never informed about the sample approval for the floors (for the kitchen, bathroom, electrical, etc., we were given forms to sign).

Regards,
bep
B
BauLine
3 Oct 2008 12:08
Hello bep,

If that is the case, you should refuse to accept this and insist on a contract-compliant execution according to the tiles you ordered, selected, and therefore specified.

Since you did not approve these now installed tiles, the responsibility lies with the general contractor if they simply ordered and installed them without consulting you beforehand. Insist on reinstalling the floor with the desired tiles.

You should communicate this to the general contractor in writing, by registered mail with a return receipt. At the same time, you need to set a deadline for completing the work. Then it is up to them to respond accordingly.