Landscape Warranty Disagreement – Opinions Wanted
Hi folks,
I am looking some opinions on a disagreement with a landscape contractor.
Last fall I had a 3′ wide x 90 foot long walkway that runs from my driveway to my front door. The walk is made of irregular shaped flagstones set in a bed of stone dust. Shortly after the stones were laid, several stones cracked. To his credit, my contractor came back and replaced the cracked stones at no charge.
Fast forward to this past spring. We noticed that some ~10 large stones in the walk had started to spall, breaking down into layers of the stone and top layers coming off. As we used the walkway, we noticed more stones whose layers were starting to break down.
I gave the contractor a call, who came out promptly. When he looked at the walkway, he described it as “horrible”, “a major failure of the stone,” and something he has never seen before. He stated that he had talked with the stone supplier that he works with three different times lsat year about the cracking observed last year and they had not given him any redress. He stated that it appears that I have a bad batch of stone.
He offered to replace the damaged stones, which I appreciated until . . . He stated that the replacement would be done at half his normal labor rate. He would not charge for the new stone.
This job supposedly has a two year warranty, though a written copy of the warranty was not provided with the contract. Yes, I should have gotten a copy of it when we signed the contract.
The fee to replace the stones is not a large one – $200, but I question why I should have to pay additional money for a job that I already paid for and is under warranty. I understand that this was not an issue with his craftmanship, but he selected the supplier and highly recommended the material.
As a co-worker of mine aptly summarized it – This is largely an issue of principles versus practicality. My question to the forum group, what are your thoughts? is a contractor legally bound (In Pennsylvania) to replace damaged products?
Replies
If you don't have a written warranty then you have none at all and you're wasting your breath talking about it. The contractor obviously has no control over the stone at all. His offer of $200.00 to replace it sounds like a good deal to me. How much will it cost to have another contractor re-do the job?
There's nothing worse than material failure.............
and a supplier that doesn't eat it.
I have gone way over my responsibility a couple times just to keep the customer happy. However, Where or when does that end?
You would think that he would have some clout with his supplier or at least the possibility that the supplier would lose his business in the future...............which in turn would make the supplier "help out" in this matter.
Spalling often happens when wet porous or striated stone is exposed to freeze thaw cycle. I imagine that salt could have an adverse affect also. Where do you live and have you salted that walk?
Thanks for input!
Guys,
Thanks for your input so far. I am not looking to stick it to the guy. It's not a great situation all around.
I live in Pennsylvania and never salted the walk, driveway, or anything else nearby.
I dug deep into my filing cabinet and found the contract that we had signed. It includes the following statement:
Warranty and Call Backs
A. Except as otherwise noted, [the contractor] warrants that work performed under this contract shall be free of defects in material or workmanship for three years. This warranty does not cover defects caused by damage, abuse, or neglect.
B. Except as otherwise noted, the warranty period shall begin from the date of final completion of the Work.
Ah! Now I'd say the contractor has an obligation to repair your walk at no cost to you. His beef should be with the stone supplier. Good luck and let us know how it turns out.
Well, you could be hard-nosed, or you could bend a little. Sometimes the latter is a better choice, in terms of maintaining good relations.
I agree that some types of stone will break down into their individual layers, i.e. slate. But this stone was selected for it's stable properties. No one would in their right mind would choose a stone that would begin to self destruct, not the homeowner or the installer who has to deal with the call backs. The fact that my contractor described it as a major failure of the stone and something that he has never seen before would indicate that it is unusual.
bass
that he has never seen before would indicate that it is unusual.
Interesting.
I understand you're pised
But your contractor is probably way more pissed and he's screwed too by his supplier.
Much as it may hurt I say pay him the $200 and hope he's around if and when the rest goes bad. It's a "lose lose" situation for both of you but he's (I think) doing his best for you.
Warranties are only as good as the last man in the chain and in this case that guy has bailed out on both of you.
Joe H