Liability Parquet Floor: Warping Solved

Questioner

parquet floor warps, In October 2012 we had our parquet floor sanded and re-varnished. Costs 711 euros. Now after a few months the floor is warping. Planks are coming loose, thick seams etc. Can we hold the person who treated our floor liable for this inconvenience? Immediately after the treatment the floor was perfect, beautifully smooth and seamless. We are very upset about it..

Lawyer

You can hold the other party liable by registered letter and summon them to resolve this problem free of charge within 30 days. For more advice/help, you can contact one of the lawyers here directly, without obligation, e.g. via the 'direct contact' link that you see - if you are logged in - with this answer.

Lawyer

Dear questioner, it is in your interest to submit this complaint as soon as possible, whether or not by means of a notice of default. If you need legal assistance with writing the letter, you may ask me for advice without obligation, I will then adjust your letter to the law and regulations, (I would advise you not to base your claim on your 'inconvenience', but on the actual costs to be incurred to repair the floor, and any consequential damage) yours sincerely, mr. M. Martens- Ferwerda

Lawyer

If the substrate was damp, that could be the cause. The question is whether the floor layer warned about this. I cannot judge whether the floor layer should be blamed, but in procedures an expert is often appointed to investigate this. I would start by reporting it to the floor layer and ask them to fix it. Please put it in writing (email with confirmation of receipt and read or registered mail).

Lawyer

To be on the safe side, I advise you not to have the floor repaired yourself as indirectly suggested above ('actual costs incurred to repair the floor') by Mrs Martens. I am happy to help you with your letter. You can contact me via the 'direct contact' link that you will see with this answer - if you are logged in.

Lawyer

Dear questioner, Your claim must be based on actual costs to be incurred in connection with replacement or repair. Does the contractor use (general) terms and conditions? Sometimes a complaint period is mentioned in these. If necessary, I can draw up a composite letter for you in which, on the one hand, any unreasonable terms are suspended, on the other hand, the contractor is put in default and is granted a short period to repair the damage and replace the floor, before the default commences. This letter is a necessary condition if the contractor does not respond to your complaint or does not handle your complaint properly. kind regards, Mr. M. Martens- Ferwerda

Lawyer

You should, as Mr De Schepper and I indicated, start by holding people liable and demanding reparation.