Floor installed without HOA permission

[runnerdoc]

I moved from out of state to South Carolina in June 2013. When I purchased my condominium, I had our real estate agent act as POA on the closing, and her husband, a contractor, was contracted to oversee installation of new flooring. I signed a basic contract that he had which essentially stated that he would take care of all of the details of the installation etc. Ultimately the flooring that was installed does not meet the sound transmission specification standards of the HOA, and it turns out that the contractor never submitted a request for flooring modification which is required prior to installation. This is specified in the master deed which I had never seen at the time as the realtor had been acting as the POA and had all of the paperwork pertaining to the sale. Of course I feel very naive and stupid for not thinking about this issue myself, but the contractor had made assurances that he would take care of everything. Being out of state and having a busy job I did not concern myself with the details much. If I am forced to remove and replace the floor to meet specifications, would I have any recourse against the contractor for what seems to me to be negligence?

 

[ElleMD]

It depends upon the wording of your contract with him. You will need to take whatever you signed to an attorney for review.

 

[runnerdoc]

Thanks! This is the contract:

RECITALS
A. Owner intends to perform some renovation work at the property located at _____________________
SC (the "Project")
NOW, THEREFORE it is agreed by and between Owner and Consultant as follows:
1. THE WORK
Consultant agrees, for the consideration under the terms and conditions hereafter set forth, to provide
services from before the project begins through its completion. This includes bid analysis and cost estimating,
contractor reviews, keeping projects on track, scheduling, document management, change order negotiations,
and design issues.

2. DESCRIPTION OF THE WORK
The term "Work" of Consultant when mentioned in this Agreement includes an Independent Consultant to the
developer or owner of the property. The consultant works between the owner of the property and the general
contractor performing the project work. The Owner/Developer will indemnify, defend and hold harmless the
Consultant, General Partner, and their officers, employees, and authorized representatives from and against
any and all claims, liabilities, suits, demands, losses, costs and expenses, including reasonable attorneys' fees
and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all
persons, firms or any other legal entities on account of any damages or losses to property or persons,
including death, to the extent caused and arising out of the negligent performance or nonperformance of the
Work performed at the property location, and the negligent acts, errors and omissions of the Consultant or
Consultant's agents or affiliates. The Consultant will not carry General Liability Insurance, Workers
Compensation Insurance or any other type of insurance. The General Contractor will carry his own General
Liability and Workers Compensation. The Consultant recommends the Owner/Developer to sign a written
agreement with the General Contractor regarding the scope of work to be done at the property location.
The Work shall consist of:
SEE ATTACHMENT A: Scope of Service, May 28, 2013 by __________________. (This estimate includes labor
And materials however Owner/Developer is purchasing the majority of the materials thru Lumber Liquidators. The total
amount due to _________________ will be less)

3. COMPENSATION
Owner agrees, in consideration of the performance of this Agreement, to pay the Consultant 15% of all
invoices issued by the General Contractor, other sub-contractors and supplier companies such as Lowes,
Home Depot or Lumber Liquidators. This percentage shall constitute payment in full for all costs incurred by
Consultant under this Agreement, including but not limited to the cost incurred for Social Security,
Unemployment, Sales, Use, and all other taxes. Consultant shall submit invoice statements for services
rendered to the Owner/Developer. Payments shall be made on account within 3 days of being invoiced for
the Work.

4. MEDIATION
Claims, disputes or other matters in question between the Owner/Developer and Consultant arising out of or
relating to this Agreement shall be subject to mediation under the auspices of a recognized, neutral third-party
professional mediation service, or other mediation method acceptable to the parties.

5. INDEPENDENT CONTRACTOR
Consultant hereby declares that it is engaged in an independent business and agrees to perform the Work as
an Independent Consultant and not as the agent or employee of Owner/Developer.

6. TIME
It is expressly agreed and understood that Consultant's services shall be performed in accordance with the
time schedule prepared between Owner/Developer and the General Contractor.

7. GOVERNING LAW
This Agreement, and the application or interpretation hereof, shall be governed by the laws of the State of
South Carolina.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.
By ____________________________ (Owner) By _______________________(Owner)
Date Date
By ______________________________(Consultant)

 

[txls]

In a quick read I didn't see anything that obligates the contractor to check with the HOA.