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lesleyintn

Trouble in Paradise

lesleyintn
9 years ago

We are in the process of rebuilding our master bath. I picked out the tile for the shower, shower floor, bath floor and vanity tops. Now the problems begin.

While we were out of town, our contractor's tile man picked up the tile and installed it. The sales girl at the tile place didn't look at it, the tile guy didn't know what we ordered and the gc apparently never became involved. Well, the tile is supposed to be calacutta, a white marble with faint gray veining. The floor that was laid is white with heavy brown veining. It doesn't work with the shower tile at all. It was unacceptable, so we had it taken out.

Now the fun begins. Who is responsible for paying for the replacement tile?The owner of the tile store is being totally passive aggressive and suggested that my husband was being childish for thinking that our tile should be white with gray veining. He even refused to order the replacement tile. Now what do we do?

Comments (9)

  • numbersjunkie
    9 years ago
    last modified: 9 years ago

    Don't you have a receipt from when it was ordered that shows what you ordered???? Or did you get what you ordered but the color was just different from the sample? That is always a possibility with natural stone.

  • lesleyintn
    Original Author
    9 years ago
    last modified: 9 years ago

    They say that the tile received was what I ordered, just a vastly different look. The problem is that it doesn't coordinate with the tile that I have for the shower because it is white and gray, not brown. What a mess.

  • jellytoast
    9 years ago
    last modified: 9 years ago

    Do you still have the sample that you picked up from the store prior to purchasing? Was it the plan for the tile guy to pick up and install the tile in your absense? Regardless, he is working under the direction of your GC and is simply installing the material given to him, so I don't see how he can be held responsible unless he had access to the samples. The tile store likely has a policy of no returns or adjustments after installation. That is common practice in my area. To call your husband childish for expecting the tile to be like the sample is ridiculous, of course, but someone should have checked the tile before installation to be sure it was suitable. The GC's job is to oversee the project and make sure that everything is done according to plan. Did he have access to your samples so that he could compare them with the material when it arrived? Homeowners choose things all the time that don't necessarily match or coordinate, so unless he had your samples, how can he determine what you think is "matching" or not? What is his stance on the matter?

  • palimpsest
    9 years ago
    last modified: 9 years ago

    Most purchase orders I've seen had a clause that says that the product should be inspected and approved Prior to installation or cutting, and that once the product is installed there is no refund. That doesn't mean you would never get one or a partial one if you fought it, but I've known for that clause to be upheld in small claims court.

  • MongoCT
    9 years ago
    last modified: 9 years ago

    I'll start with this: The tile has already been ripped out? For how long was it installed? After installation, stones like marble can shift in appearance a bit due to moisture absorbed from the setting process. Granted, it can be more of a dark-to-light shift instead of a brown-to-gray shift.

    But was the floor installation fully dried before it was ripped out?

    Secondly, who gave the order to tear it out? Tearing out stone before conflict is resolved can be a very bad thing. Any financial repercussions can fall back upon the person who ordered that the tile be removed.

    With all that said?

    Ordering "calacatta" opens you up to a world of possibilities.

    It's all along the lines of buying a car. If my wife sends me out to buy a car, I can being home anything I want. If she tells me to buy a "Ford" then she's been more specific but I still have some leeway. If a "Ford Mustang" then she's even more specific, but I can still go new, used, or vintage. If she tells me to buy a "1967 Ford Mustang"? I'd better bring that specific car home.

    Yeah, a bad analogy. But the generalities of it can be seen in the world of natural stone.

    Ordering "calacatta"? You might get a neutral gray/white tile with neutral gray veining, but it's more likely that you'll get warmer colors; shades of honey/brown/gold in the background and veining. In general, calcatta is warmer than some of the other marbles out there.

    Sometimes the color is defined by ordering a version of calacatta. "Calacatta Gold", or "Calacatta Borghini". If there is no "version", then sometimes the color is defined by adding it to the order. "Calacatta with a white to neural gray background and light gray veining. No gold, brown or honey colors."

    But your best bet would have been to simply order a marble that is known for neutral whites and grays in the first place.

    When I order stone, I need to sign off on the order itself. Look at your order form, just how specific is it? Who signed off on it? Does it say "marble", or "calacatta", or a specific version of calacatta? "Calacatta Gold", "Calacatta Borghini", etc.

    Was the sample at the tile shop an accurate representation of the tile delivered? If most calcatta is honey colored and their sample was neutral? Sure, you could have a beef with the tile shop. I expect a tile shop to educate the buyer when it comes to ordering natural stone. Especially marbles.

    There's always the generic disclaimer when it comes to ordering natural stone. That variations exist.

    The primary responsibility for this generally lays with the person that ordered the stone and signed off on the order form.

    Palimpsest also noted that orders usually need to be signed off on upon receipt. If the tile sub saw that calacatta was ordered and calacatta was delivered, there's no problem there. He got what was ordered.

    So yeah, you do have a bit of trouble. If nothing is resolved regarding the original order, then in general, the responsibility for paying for the new stone lays with the person who ordered that the original stone be torn out.

  • PRO
    Joseph Corlett, LLC
    9 years ago
    last modified: 9 years ago

    In the store fixture manufacturing business, we'd have cabinet finishes approved by the architect. On a residential job, I had a lady sign the back of a stain sample and she still cried that it was too dark and refused to pay despite her written approval.

    He who has the money gets to make the rules.

  • lesleyintn
    Original Author
    9 years ago
    last modified: 9 years ago

    Thanks for all of your advice. I asked that the tile be removed, since it was totally unacceptable. Unfortunately we have the tile for the shower already. It also is calacutta, so we must get some tile that works with it in a larger format. I have photos of what was ordered and what was installed. Apparently the sales person did not show me samples of tile that was currently available. Thus what I chose and what was sent are not the same, nor even close. I realize that marble can be greatly variable. She didn't check the order when it came in, nor did the gc.

  • MongoCT
    9 years ago
    last modified: 9 years ago

    I understand, it's a tough predicament. I hope you get thing worked out in your favor.

  • lesleyintn
    Original Author
    9 years ago
    last modified: 9 years ago

    Thanks for the kind words. We have called our architect who has become the quiet, rational one in this mess. He now has all of the parties involved working toward a resolution. At this point we have missed all of the deadlines. Now what I want is to get it done right.