Problem: We supplied and fitted a floating laminate floor to the ground floor of a client’s house.
After about 2 months of completing the job, the customer sent an email saying that the floor surface had digs in the surface, and attached a couple of photos. The customer has questioned the laminate’s quality.
When the customer initially approach us, he handed over a sample of the laminate that he wanted to have. Although the sample was from a particular manufacture, I asked the customer if we could use another manufacture if we could match the colour and quality of the sample, which he said yes.
The floor that has been installed was a floor with an AC4 quality rating which is heavy domestic use and comes with a 15 year manufacturers guarantee.
The customer’s problem is purely with the product, not the installation. Can I therefore just tell the customer to talk directly to the manufacture and leave me out of the loop?
Response: In a nutshell, no! Your contract with the customer is for your to supply and install the laminate floor, hence, the customer has a cause of action against you (if of course the floor turns out to be defective).
Of course the 15 year manufacturers guarantee is helpful for the customer (providing the manufacture remains in business for the duration of the guarantee / the guarantee is underwritten), although you also have a cause of action against the manufacturer (who I assume you purchased the floor directly from), regardless of a guarantee, providing the product is defective.
It would be a different scenario if your customer had actually stated that he wanted you to obtain the floor specifically from the manufacturer, which means that you did not have any input on who the manufacturer was, thus the risk for selection would have passed to the customer, as you had no control.
I therefore suggest that, providing the floor does turn out to be defective, you remain firmly in the loop, and don’t walk away from the situation: in fact, if the floor does need to be replaced, then you look at charging the manufacture for the removal of the old floor and the installation of the new replacement floor.
© Michael Gerard 2022
The advice provided is intended to be of a general guide only and should not be viewed as providing a definitive legal analysis.
Author background
Michael is a Solicitor, Chartered Builder & Registered Construction Adjudicator, and is a director at Michael Gerard Law Limited, a solicitors practice regulated by the SRA.