Contractor about to be sued without fault

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hutch6

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My jurisdiction is: Georgia, USA

I am a remodeling contractor in Georgia. I recently installed tile in a kitchen and dining room for a customer. I was sub-contracted by a designer. I spent a week on the job with progress being made daily. There were some places in the floor where the floor was not exactly flat. I pointed these places out to the homeowner (husband) and warned him that I was going to have some problems getting the large tile to lay flat there. He did not seem very concerned. As I guessed, I had some minor problems. Some of the corners of the tile are not perfectly even. I did everything I could to get them as even as possible. Again, I told the homeowner. He did not seem very concerned. The last day on the job I had a note from the homeowner (wife) that 2 of the tiles were unacceptable and must be replaced. I replaced the 2 tiles and showed them to the homeowner (husband). He approved them and I grouted the floor. As I left the homeowner (husband) thanked me for doing the job and said I did a good job. That was on Friday.

On Monday I received a forwarded E-mail from the designer from the homeowner (wife). She said the floor looked terrible, I was slow as *&$@ and she was horrified. I spoke with the designer and was willing to meet with them to discuss what I could do to make them happy. I was excluded from the meeting. The homeowner told the designer that I could not come to try to make repairs. She said I had my chance and screwed it up. She was going to get someone else to fix it and if there was any money left that was owed to me after that, then I could have that.
Now she says she has had 2 contractors come to look at the floor and both say the entire floor must be replaced. That is ridiculous. I do not have insurance so she is demanding that I pay for the floor to be replaced. I am sorry the letter is so long, but I feel that the details are important. I want to know if I have a chance to beat the law suit that I am sure is on the way or am I going to have to pay. I am still trying to work things out with them, but I am 99 percent sure where this is going. Thanks for your help.
 
Yes, you have a chance. Document your conversations with the husband. It's not much but it will help.

Also demand an opinion from another tiling contractor of your choice.

And you shouldn't be stuck paying to replace the floor. At worst, you simply won't get paid, and might have to pay to tear up the floor you installed. They were going to get a floor installed anyways, and pay for that. Even if you messed up, it would be a windfall to them if they wound up getting a free floor.

I do not have insurance so she is demanding that I pay for the floor to be replaced.

Your lack of insurance is not why she's demanding it to be replaced.
 
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