Expert: Stephen Hayes - 8/30/2008

Question
We recently had a porcelain tile floor installed in our home. The tiles are 20" x 20" and the area covered was just under 1000 square feet. There was no written contract, but we agreed upon the price.
Unfortunately, the installer did a terrible job.

1) There is too much of a gap between the wall and the tiles
2) In areas where he thought that the floor would be covered by cupboards he did not frame pipes and stayed away from the wall by a minimum (not maximum) of 4 inches.
3) He was told that we were laying hardwood floor in two adjacent rooms but when we checked the level of the tiles against the wood, the tiles were laid too low for the wood.
4) In the entrance and a small bathroom he removed some existing tiles but decided not to remove the mortar underneath. We beleive now that this led to problems later.
5) Two of the tiles were chipped somehow when he laid them down but he did not bother to remove and replace them.
6) Through out the entire area tiled, many tiles are not level with the rest of them so that if you slide a chair or other furniture over the tiles it will jam against the edge of the badly laid tile.
7) On 2 occasions, the tiler complained about the floor being crooked. In hindsight, I beleive that if more mortar had been laid between the tiles and the mesh mortar layer, this would not have been an issue. Do not all floors present similar problems?
8) The most poorly laid area is the entrance which was done last. Too many tiles in this area are not laid level. It lookes like a mess especially when broad daylight is shining on it.
9) The area in 8 and immediate areas nearby were laid down and almost immediately (within minutes to a couple of hours) the grout was laid over them. Plywood planks were laid over the tiles and moved about while the grouter kneeled on them to do the grouting.
9) If the tiles had been laid with more mortar beneath them, would the job have been easier to do and more successfull?
10) a) We have not paid for the installation work yet, but we have paid for the tiles. Does a job like this deserve to be paid for?
   b) Even though he did not lay enough mortar between the mesh and the tiles, is it possible to fix the mislaid tiles or does the whole thing need to be redone?
   c) If so, should we sue for the cost of the tiles?

Answer
Hi Laura;Sorry to hear about your mess.  By not having a written contract and not fully checking out the ability of the installer, obtaining and thoroughly reading the installation specifications written by the manufacturer of the tiles your purchased, and making sure the installer has the financial resources to correct errors before the installation was ever done, may be some major problems for you to recoup your losses.  I am NOT an attorney, so I can't give you any legal advice.  We do not sell, install, or maintain any floor covering.  We are floor covering inspectors.  We are called upon to inspect and issue certified reports when residential and commercial consumers enter complaints on any type of floor covering, before, during, and after an installation.  We have over 800 inspectors scattered throughout our vast geographic coverage area, which is every city and town in all 50 States and in all the Provinces of Canada.  We get a great overview of all types of consumer complaints and get involved in legal actions all the time.

I will attempt to give you answers to your questions.  In item #7, the installer's responsibility is to either properly level and/or accept the condition of an underlayment as being acceptable for he or she to properly install tiles.  Many subfloors and underlayments are not level, and must be properly leveled before any type of floor covering is installed.  I have no idea if more mortar adhesive would have corrected the unlevelness, since I cannot see the installation.  The unlevelness could be do to no proper leveling being done, an improper underlayment, an improper spread of mortar adhesive, the wrong trowel size being used to spread the mortar adhesive, that adhesive not being allowed to properly set up, and many other things.

You list two #9s and ask a question in the second 9. Again, since I can't see the installation, I cannot determine the exact causes of the unlevelness, which could be due to issues I indicated above.

If I were you I would NOT pay any more money, and, most importantly, you must NOT have any more verbal conversations with anyone about your problems.  From now on, everything MUST be in writing, sent certified mail with a return receipt, and keep a copy for yourself.
I would send a letter to the installer indicating that the entire installation is unacceptable and demand a complete replacement at his or her expense.  Also I would indicate that you will not pay for the original installation until that complete replacement is done, including the installer's responsibility to purchase and provide new tiles equivalent to the tiles you purchased, also at his or her expense.  The entire job needs to be replaced.  I also suggest that you obtain the advice of an attorney and BEFORE the attorney starts any actions, find out if the installer has the financial resources to correct the errors.  You will also have to document those errors with clear photos of the entire installation and of all the problem areas, and have a certified inspection done that indicates installation errors caused your problems.  Find your own certified floor covering inspector, however get advice from your attorney.  You may find that the installer, who now has to sue you for monies due, has to have the same inspection done and pay for it, or the installer may just chalk it up to a bad debt and walk away, leaving you to correct installation errors, which, as you know, will be quite costly.  If there are installation errors that you list, you may end up with tiles and/or grout cracking.

If a replacement is done, BEFORE you purchase anything or contract with anyone, obtain and thoroughly read the installation specifications published by the manufacturer of the tiles you choose.   They will list acceptable underlayments that can be used, how the subfloor and underlayment must be prepared for the installation, how the tiles must be handled and installed before, during, and after the installation, and numerous other items.  You may find that a cement type backerboard is needed as an underlayment.  If so, visit the website of <hardibacker.com>, and look through their excellent backerboards.  You should also obtain and thoroughly read the installation specifications of the grout manufacturer.  This way you will know how the tiles are to be properly installed so you can watch the installer to make sure your investment is being handled properly.  Also, BEFORE you purchase anything, obtain the tile and grout manufacturers' maintenance manuals which will list proper cleaning agents and techniques, proper sealers, the need for proper furniture leg protectors including cleaning them when gritty soils imbed in them and change them when they begin to show signs of wear, the need for proper, ABSORBENT walk-off mats that should be used, and constantly maintained at all entries to your home, and many other important items, all to protect your investment.  You mention the tiles meet hardwood, so you need a transition strip.  You can get transition strips to match the hardwood, or rubber or vinyl transition strips.  'Google' transition strips and look through offerings.  Also 'Google' wood transition strips to see what is available.  I also suggest that if you replace you do NOT shop for tiles, grout, or labor at one of those large home supply stores or over the internet.  Shop at a local, reputable floor covering dealer who can show you proper product, supply proper installation, and warranty those things.  That local dealer can also supply you with an estimate for total replacement and installation including transition strips.

When you indicate you have hard surfaced flooring, tiles and hardwood, remember that hard surfaced flooring is non-absorbent, so harmful soils, air polutants, allergents, etc., remain on their surfaces and become airborne with normal foot traffic.  The human lung then becomes the trap and filter for those soils.  Depending upon the traffic in your home, hard surfaced flooring may have to be properly maintained on a daily basis.  The true cost of any floor covering is product, installation, and maintenance over its useful life.  Carpet is one of the healthiest floor covering one can have.  It has a pile that traps, filters, and holds those harmful soils until they are properly vacuumed away, and, on occassion, properly professionally cleaned away.  Carpet costs less as a product, less to install, and less to maintain over its useful life.  In today's world, ALL floor covering manufacturers and sundry (adhesive, underlayment, levelers, cleaning agents, etc.), are in the throes of producing 'green' products.  The carpet industry is far and above the leader in this field.  Visit the website of The Carpet & Rug Institute, <carpet-rug.org>, to obtain true health information, a list of vacuums, spot cleaning agents, and professional cleaning systems they have tested and certified as being truly 'green', and read about their CARE program that indicates total recycling of carpet.  Area rugs, OVER PROPER RUG PADS, can be used on hard surfaced flooring to aid in a design look, add health benefits, and aid in keeping fuel costs down.  Visit the website of the No-Muv Company who makes all types of rug pads.

There is a whole lot more I could tell you how to protect your floor covering investments, however if I were you I would start on solving the tile installation issues now.  We do not solicit any business through this website.  If your attorney suggests that the installation be inspected and you can't find any floor covering inspector (don't get a dealer, installer, or anyone who 'knows all about installation', to do the inspection-you need a certified inspection done), our website is, <mbdinspectfloors.com>.  If you have any other questions, please feel free to get back to me.

Cordially,

John Michaels