Public Mediation

Lawrence J. Polewchak-Dispute-#4762689

S. D. vs. Lars Construction
dba LARS Construction 7535 Bainbridge Road, Chagrin Falls, Ohio, 44023, United States
Amount Involved: $11,900.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 4762689
    • Amount Involved: 11,900.00
    • Filed On: Mar 31, 2012
    • Posted On: May 01, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"Mrs. Dennis, for whom you did work at their home in December of 2008 has requested that this letter be sent to you regarding the problems which have occurred as a result of such work.
 
​It is my understanding that you installed wood floors in much of the first floor of their residence.  As you may recall, they contacted you a few months after the work was completed and complained about the wood “mounding” in various areas.  You responded and made an attempt to correct the problem.  
 
​A few months thereafter, the problem surfaced again and this time you did not respond until legal action was threatened.  At that time, you did work similar to the first time.
 
​These steps taken by you failed to correct the problems which were occurring to the floor including mounding, buckling etc. of the floor boards throughout the areas in which you had done the installation.  
 
​Thereafter, the problems have continued to occur and you have been contacted by my clients but have failed to respond.  In the meantime, they have had other professionals come to the house and inspect the flooring. The have advised my clients the floor was not correctly installed by you. These failures include the use of the wrong type of nails and not following the manufacturer specifications in making proper accounting for expansion of the wood.
 
​Mrs. Dennis had Mr Peter Fahey, a NWFA Certified Hardwood Flooring Inspector, complete an inspection of the floor and prepare a written report. In his report he concluded that “There is no defect in the flooring material, but a natural and predictable seasonable expansion. The installer did not follow Sheoga or industry installation requirements for required expansion space at all vertical surfaces. The installed did not use the correct length, number, or type of fastener. The installer did not use a stairnosing at the basement stairs…..The only complete correction for the defective installation is a complete removal and replacement”. The flooring has been damaged to such an extent that it all has to be replaced.
 
​My clients have received an estimate for the replacement of the entire flooring at an estimated cost of $11,900.00.
 
​The expenditure required by my clients for the above is solely as a result of the incorrect installation work done by you and thus they are demanding payment from you of the same.
 
​It is to the benefit of all for you to respond to this letter and resolve this amicably this matter at this point.

As of October 31, 2011 in regards to the above, Mrs. Dennis was contacted by your insurance representative.  It is my understanding that they have done an investigation and recently concluded that your policy does not cover this type of claim.
 
​Your insurance representative indicated that she was forwarding to you a copy of the report which we had provided to her. The report was prepared at my client’s request and details the problems they experienced to their floor as a result of the work performed by you.
 
​This will be the last attempt at resolution outside of the court. You need to contact Mrs. Dennis to discuss the manner in which you intend to resolve this matter to avoid legal action being filed on behalf of my client for their damages including court costs and legal fees."
...
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Additional Communication Between Claimant and Lars Construction Hide
  • Sep 11, 2012, Claiming party added:

  • On 9/11/2012 in the Municipal court of Bedford, Ohio, I was awarded a favorable judgement of $3000 plus costs against Lars Construction. Although this amount will not allow me to replace the damaged floors, I am hoping that I will be able to have a flooring specialist repair the floors and release the pressure that has caused the floors to tent.

What Claimant Wants Hide
1. Recovery of Losses: Funds needed to repurchase hardwood flooring May 15, 2012 $5,900.00
2. Funds needed to hire a new hardwood flooring installer to remove all damaged flooring and install new flooring May 15, 2012 $6,000.00
3. Other – Physical delivery charges May 15, 2012 $29.84
4. Other – Copy claim to regulators May 15, 2012 $14.95
5. Other – Pay for claim posting cost May 15, 2012 $7.95
Cash total : $11,952.74
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Lars Construction. This claim will remain posted until resolved
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