Man sues contractor for improperly installing floors

WAYNE – A man is suing Cash & Carry Carpets after he claims it failed to properly install hardwood floors in his residence.

Eric Maynard entered into a contract with the defendant for purchase and installation of carpet and hardwood flooring as part of the construction of his new home, according to a complaint filed Aug. 20 in Wayne Circuit Court.

Maynard claims the flooring was installed between Aug. 3, 2011, and Aug. 8, 2011.

The defendant advised that the home was sufficiently cool to complete the installation, but never advised Maynard that the installation required climate control, electricity or plastic installation and never took any moisture readings during the installation to determine if the moisture level was appropriate for the installation, according to the suit.

Maynard claims on Aug. 19, 2011, he paid the defendant in full for the flooring materials and installation in the amount of $11,107.56.

On Aug. 29, 2011, Maynard noticed the hardwood flooring was cracking and splintering and he immediately notified the defendant of the problem, according to the suit, and on Sept. 8, 2011, the defendant arrived at the home to examine the problem, and advised Maynard that it had identified the problem and would return the next day with tools to repair it.

Maynard claims the defendant never returned to repair the flooring and when it failed to do so, he contacted the defendant and was told it was a manufacturer’s defect and that Shaw Flooring, the manufacturer, would have to send an inspector, which could take 90 days.

On Sept. 12, 2011, Maynard contacted Shaw Flooring to get a more detailed timeline for the inspection, and on Oct. 11, 2011, the inspector issued a report that the requirements for installation were not met and that it was an installation/site-related issue and not from manufacturing, according to the suit.

Maynard claims the defendant failed to properly install the hardwood floors, which led to the bowing and cracking in the floors.

The defendant’s failure to properly install the flooring will cause Maynard to incur the cost to repair the floors, according to the suit.

Maynard is seeking compensatory damages. He is being represented by Alison R. Gerlach.

The case has been assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 12-C-195