What to do to get a manufacturer to fully reimburse a flooring contractor for a re-installation regarding incorrectly milled hardwood?

UPDATED: Sep 20, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 20, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do to get a manufacturer to fully reimburse a flooring contractor for a re-installation regarding incorrectly milled hardwood?

I have a business installing hardwood floors and recently installed a floor that was milled incorrectly. After sorting it out with my distributor and the manufacturer, the manufacturer accepted liability for the claim. The manufacturer is now trying to tell me what they are going to pay me now that I have re-installed the job and it is not acceptable to me. What I am claiming they owe me which is supported by local market rate and my original proposal to the client is a little over $7000. They want to pay about $4400. I anticipate them refusing my invoice and intimidating me with big business talk. What can I do? Is a lawsuit a slam dunk for me? Is the threat of suing them enough to make it not worth their while and just pay me?

Asked on September 20, 2012 under Business Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The manufacturer would be responsible for paying you 1) any additional material costs you incurred; and 2) any additional labor costs. They do not need to pay you based on your proposal to the client, unless their error caused you to lose the client and the profit from the job--then they would reimburse you your profit plus any costs you did in fact expend based on their error, but could offset against that any savings (if any) you had due to the job not being completed.

Assuming though that you did not lose the job or client, then again, their liability is for your additional costs. If those costs are less than the amounts you quoted your client, that's all you'r going to get. For example: say you quoted the client $7k for the floors. In terms of additional materials you had to buy and additional labor costs to you, say you spent an extra $4.4k over and above what you anticipated; in that case, they would owe you $4.4k, not $7k.

In terms of whether or not the threat of a lawsuit would make them back down--there is no way to be sure, since that depends on corporate "temperment" and culture. Some companies fight everything; others will happily pay a few thousand dollars to avoid court. There is no way to know in advance what this company is like.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption