Well, I called the Installer today. They told me to stop calling. The company is SimplySuperbFlorring simplysuperbflooring.com I would never do business with this bunch ever again, IF ANYONE FROM ILLINOIS READS THIS..**** WARNING**** THEY ONLY ARE INTERESTED IN PRESALES!!

It will be time for that legal letter of intent, sent signature required, certified mail.


The majority are ONLY ARE INTERESTED IN PRESALES!!


You have to look deep and in unexpected places to find one that isn't.
They are a rare breed these days,

Time to play hardball!

I can't find a URL by the name of "simplysuperbflooring.com"

Any ideas?
Thanks.
Charlie

Floorguy, I assume the legal letter of intent would need to come from an Attorney?

Gary,

It appears Mullican wants to see the report, but the Distributor Representative from The Bahr Company and Simply Superb Flooring Downers Grove, Illinois are close friends (I guess one takes care of the other)... Mullican seems like they want to help, and are not tied up into this deceitfullness, but Mullican can do little without the report, something isn't right with that either, because a Mullican Rep from Cincinatti, Ohio was in the Chicaho area recently and stopped by to have a look and take moisture tests and pictures.. Something is crooked about all of this!

I guess Simply Superb Flooring is upset that I call them once a week for a update, (that's thier Problem), in fact, legally it's not an option for them!

Charles,

http://www.simplysuperbfloors.com/

I am a Technical Engineer/Project Manager by Profession, working with many people around the US and Globally, I have never worked with such unethical people in my life!

No, your legal letter of intent does not have to come from an attorney.



Get your inspector first to see if you really do have a legit claim, with the retailer. The rep has not replaced this hardwood, because his findings saw it was not a manufacturing claim, and threw it back in the retailers lap as installation claim and his problem. Manufacturers are excellent about replacing defective products.


In a letter, write the retailer, starting with who you are and your address.

State exactly what you paid for, word for word from your contract include his name business and location of his business. (you may have to send this letter to the business and the owners personal home, which can be found at your courthouse)

State exactly what you got. State your claim and the inspectors findings word for word even standards and specifications not followed.

State exactly what the inspector suggests what needs to happen to fix this concern, (even full replacement, including moving all furnishings and any paint touch up that is needed.)

State that he has 30 days to rectify this concern, or further legal action will be pursued, and he will also then be liable for all legal and court fees involved with satisfying your concerns.

Sign it and repeat your address below the signature.

Of coarse type this up and print it. Don't hand write it.
Do not provide him with a copy of the report, until he pays or replaces your floor, or until it is asked for when you go to court, because that is next. I repeat. do not give him the report your paying for. Just tell him he is more then welcome to hire his own independent inspector. Don't budge on this. If you sue him sue for the amount of the contract, the inspectors fees, and all court fees.


Oh ya. don't use adjectives to describe things. Use exact measurements or dimensions, (eg. don't use huge massive, outragous, ect.)

And don't get huffy snooty and demanding, be very polite and professional. and just tell what you asked for and what you got, and what you wish to happen or further legal action will be taken



Can you tell I have done this before???




YOU NEED TO HIRE YOUR OWN INDEPENDENT FAILURE ANALYST / INSPECTOR

Charles,

While I can't add anything to this thread, I thought I would drop in and say that I'm originally from Downers Grove!

The reality is this. The store/ installation company and the distributor are in bed together and aren't going to hurt their relationship because of you. The store/ installation company IS NOT going to do crap for you UNLESS you force them to by court order. Calling them, nagging, threatening, etc. will not work in this case. If it would, they would have taken care of it by now. The court will only look at facts by impartial professional observers. Perry is absolutely correct that you need your own expert. I say cough up the $500.00 for the inspection or just drop it. If you can find a reputable inspector for less, great. At this point complaining is getting you nowhere. While you may feel better blowing off steam here, it isn't going to get your floor fixed. We pros have told you what you need to do. Unfortunately, Mullican's hands are tied UNLESS it is flawed material. Then they should replace the material BUT they won't pay for the removal and re-installation. Also unfortunately, you live in Illinois, a state that does not require licensing so any idiot with a hammer can call themselves a contractor. You won't get any help from the state unless you can get these folks to help.
http://www.consumeraffairs.com/links/il.htm

At this point, I believe your only recourse is to sue in small claims.
http://www.consumeraffairs.com/consumer ... ll_il.html

Too bad Illinois is behind the times with that low $5,000.00 limit. To summerize, Perry is correct. You need your own expert. The installer isn't going to do S**t for you. Neither is the distributor or Mullican. If you want that floor replaced, you will either need to go to court or pay for it to be replaced yourself. I do wish you all the best and good luck in your battle.

The letter of intent, is the last resort, before filing a law suit.

It is a demand they take care of there problem, or your going to court.

A letter of intent is not, a you have been warned, now we are going.


Lots of times the letter will force the issue and the guilty party will come clean, as it will cost him way more to actually go to court, unless he knows your not prepared, with documented, fact. and it is a sure win for him.

Hey Guys,

Thanks.. I have learned alot from all of ya's! I will speak to an independent flooring inspector, and see what he thinks.

If he agree's it's a installation problem, then is his word any better then the installers knowledge, at least in court? I assume the tests will eliminate any doubts.

From Simply Superbs Web site:
All Simply Superb Hardwood Floors installation is backed by a lifetime warrantee (original homeowner only)

All I really need to do is prove it's a installation problem.

I'll keep you guys informed of this soap opera..


I plan on having the upstairs done, I am seriously considering doing it myself, only 300 Sq. Ft in the loft and hallway, if I screw up, I am responsible.. I have built a deck, storage shed, I suppose if I take my time, I can do this too!

Detailed photos, along with your independant inspection report, should win the day. If the inspector will agree to testify on your behalf in court, that also would carry a lot of weight. The fact that the company offers a lifetime guarantee also helps you. The photos should CLEARLY show the flaws. Once a judge can see that the floor is flawed, they should rule in your favor. Getting the company to pay up is another story and another battle. One step at a time.

Gary, Floorguy,


Am I correct in believing that a humidity measurement is part of the installation? I ask this because at no point prior to the installation did anyone from Simply Superb Flooring Downer Grove, Illinois perform a humidity check. I will ask trhis same question to the indepenent inspector, but I wanted to hear for you.

Thanks

I always do!!!! What good is a moisture meter if you don't knoe the temperature and rH??? Temperature & rH are what determines a board of woods, moisture content should be, after it is acclimated. It gives us a number to shoot for... That is why I always say. Acclimation is not a time thing(How long does it take to acclimate??? Is the most asked question I get)

Acclimation is a moisture content thing, as it compares to the temperature and rH of the place it is to be installed.



Would you install this floor at this MC???

















Or would you wait till it was closer to this level, before installing it???
















Had you not waited, you just might get this.

While a RH measurement is a good idea, many installers don't bother. Besides, it's really irrelevent to the task at hand. What they did or did not do doesn't matter. The fact is you have a crappy floor and they are responsible for it. Most judges don't have the time or inclination to get into minute details. This is what the judge will look at. Is the floor flawed/damaged? How bad? What will it cost to make it right? How did it get that way? Who's responsible for the damage? Since you hired a "professional", that professional is responsible for delivering a good product. Now here is where it can get tricky. The definition of good. And this is where you need an expert's report, to verify that the floor is in fact, not good (damaged) and unacceptable. Some consumers attempt to hang contractors out to dry by demanding perfection and judges know this. You will need to show that the floor is indeed flawed beyond just being picky and that the flaws were caused by the installation crew. Remember, innocent till proven guilty so the burden of proof is on you. In CA., judges most often side with the consumer. Their position is: the contractor is the professional. He is supposed to know his business. He is supposed to take any measure needed to deliver quality worksmanship. He is allowed to bill for extra work if extra work is required. Ultimately, the contractor is responsible for the performance of the product EXCEPT where there is a manufacterer's warranty, then they work together.

Don't burden yourself with the technical details at this point. Send the letter of legal intent. I doubt much will come of it. They already know you will have to sue them and that you won't be able to get more than 5 grand so why should they give in at this point? They are hoping you will give up and just live with it. The ball is in your court. What are you going to do?

So when the Mullican rep came out did he tell you he was going to file a complaint? If he did and the manufacture claims it is an installation problem then you need a copy of that as well. Dont give in, The hacks are giving people in the flooring buisness a bad rap we are not all like these guys trust me.