Bruce Kennedale Strip Cracking Issue
Q: We had over 2300 square feet of hardwood installed by our builder in December of 2003. We have been fighting with our builder since then due to cracking issues, and water damage issues, due to building. We had some boards replaced and 3 inspections by builder funded inspectors. Each inspection came back in the builders favor because they didn't meet the 5% minimum replacement clause. At the time since two rooms were already slated to be replaced and they weren't added in the total square footage. This very well could have pushed us well over the 5% minimum. One of the inspectors even went so far as to say no one should live this way, with flooring like this for as long as we had to. Then his report came back exactly the same as the second report, even the same wording. He never indicated that there wasn't a problem with the flooring. The biggest problem is each came in with the expectation that the job was small. We have approximately 2400 square feet of hardwood flooring, mostly on the main level and the upper hallway. The kitchen is tile. One inspector even went so far as to say he wasn't qualified to approve a job of this size.
We are in the process of hiring a civil engineer for their expertise and the ability of their sitings to hold up in court. Our plan is to take it as far as we can go. We have had 3 inspections on our own from flooring companies that agree with our opinion that there is something wrong with the wood. Our largest problem is getting them to write a report with the particulars. Each one deals with Bruce / Armstrong flooring as a flooring provider and are hesitant to create a supplier issue with a company so large. This is why we are hiring a certified inspector. Our builder is pressuring us to sign a paper agreeing to the work they specify which does not match up to the complaints we have. They send each letter by certified mail with a response date on it. We are frustrated and concerned since we spent so much money having the hardwoods upgraded in the first place. Each time they send a letter they leave out additional work left to be done. Our hardwoods are cracking, not just a little at the edges, but huge cracks down the center. This is not normal! We have had Bruce hardwoods for over 10 years in our prior home and never had these problems. With our first inspection the inspector was marking boards to be replaced with a sharpie in red, I asked him to tape the boards instead because I wasn't sure when they would be out to do the work. The Bruce hardwood inspector was marking boards that have cracks that are minimal compared to the ones I am complaining about. I have been diligent in marking only board that exceed the cracking from the initial report. Now those initial cracks they say are within the tolerance level. This was not the case during the first inspection. Our builder thinks we are trying to extend our warranty, this is not the case. The floors are under their own warranty and far exceed the minimum for replacement. I know we are heading for arbitration with our builder as well as the installers and Bruce themselves. The company where the wood came from even went so far as to install two different lots in the same room at the same time, the builders had me take pictures for them so they could assign the blame to them, the color differentiation was that great. Now all is stalled, and no one will respond to us. They blame us for stalling and all they are doing is creating a time reference that would indicate just this. They are angry we have copies of work orders where it's stated that defective boards were installed and need to be removed. Now the builders refuse to acknowledge these at all. Since this has been going on for 2-3 years we are at a loss as to what to do after the civil engineer examines our home.
I do know that a neighbor had the same issues with her flooring, they just had an independent install and were able to have their floors replaced. It was the same floor and we are having similar issue. Please advise what should be our next step. This was a huge investment for us and we can't settle for anything less than full replacement costs plus installation. Obviously we won't let their existing installation company and installers do the work again. I am just looking for the proper way to go about getting the results we deserve since we invested so much money to begin with.
Thank you for your time and look forward to any suggestions.
Kathy
A: Kathy, I'd first like to say that I personally can not offer advice in the realm of what to do legally at this point. What I can do is offer some advice as to a few actions I would take.
Based on the issue you describe with cracking boards, This leads me to question two very important things. As a preface, cracking boards is most commonly cause by a moisture related issue. Since Bruce's Kennedale Strip is a solid hardwood, I'm lead to wonder if proper acclimation time was allowed. Solid hardwood floors should be acclimated longer than any other floor and I would personally suggest letting them sit in the room to be installed in for a week or longer just to ensure the wood gets plenty of time to acclimate. If the floor was not given proper time to acclimate, its own natural moisture content compared to the moisture content of your subfloor could cause this. Secondly, without knowing the environment for your home (what temperature and humidity it stays at, climate control used, etc.), I question how much of an expansion gap was left for the floors.
In regards to the water damage issues, I question how this water got to the floor. Also, where your floor has been installed is a key concern along with how it was installed. (like if this home is split level, has a concrete subfloor, etc.)
What duties beyond the floor was your builder responsible for? Was there anything that was needed to be done to the subfloor or is the subfloor new? (I know, I've got a lot of questions, but without seeing the floor its all I can do)
You also mention some flooring companies inspecting the floor. I will warn you, if these people are from local flooring retailers, their observations or opinions can not be taken as expert opinion. Although I have faith in the immense knowledge the folks who work in the stores here at iFLOOR.com have, they can not speak for issues in a floor to a legal level like a certified inspector.
Here is what I would suggest doing. Get a certified third party inspector to come out and look over the floor. Make sure you verify the inspector's qualifications. Make sure to have plenty of photos taken of the floor and present any documentation you have for the floor to the inspector to ensure they have plenty of information.
From this point, I would then get any other area of the home inspected by an appropriate inspector to ensure any other work done is up to code and satisfactory. Should this go to a legal standpoint, at that time you would want to consult an appropriate legal professional (sadly, I'm not one) to further your case.
The issue you may run into is that from a product claim perspective, this claim will most likely be denied. The reason being that a moisture issue is not a product defect and by that reason, the product can be determined to be working to its expectations.
Follow-up: I've spoken back and forth with Kathy over a few emails and even our very own Steve Simonson has pitched in a few bits of advice.
Steve suggested that it is good practice to file a product claim with Bruce, regardless of how the damage was caused. In the mean time, the civil engineer that will be inspecting will be key. Ensuring the c.e. takes plenty of time to inspect the home and documents all of the damages. Also, asking the c.e. questions as to what actions should be taken is a good idea. I suggested asking if any other inspectors should be brought out and what advice the c.e. has to proceed. Also, the c.e. should know the local laws a bit better and should be able to give some insight on that subject.
In the end, we hope the best for Kathy as this is one of the few stories where a beautiful floor goes bad, and hopefully Kathy can get everything back to being great looking. Below are several pictures sent to me by Kathy to show the various damages that have occurred.
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In the above photos you can see a couple different cracks from the moisture damage to Kathy's floor.
In the below photo you can see how beautiful this floor would be without damage to it. (and then you can see the tape marked areas with how spread the damage is)









