On Sunday, September 6, 2015 at 11:03:54 PM UTC-4, Ed Pawlowski wrote:
On 9/6/2015 8:06 PM, DerbyDad03 wrote:


Another thing is no warranty of any kind on the contract? Sounds like
some thing is not right on workmanship or materials used.

Why would a warranty enter into this? The tiles repaired under the contract are not the ones he is currently having problems with. In addition, according to the OP, the contract specifically states that the contractor is not responsible for damage to nearby tiles.

This does not appear to be a warranty issue.


He said they added some adhesive to existing tiles. That makes them part
of the new work. He is not giving any warranty on the work he is doing,
but putting in an exception.

He is saying "I'll fix it, but if it goes to crap it is not my fault"

I can't tell if you are agreeing with me that it is not a warranty issue or not...

It sounded to me like the contractor did indeed add adhesive to existing tiles and I agree that that is indeed part of the new work. However, it also sounds to me that it was not any of the tiles he worked on that are the ones that subsequently popped. Had the "new work" tiles popped, then it would be a warranty issue, but if a "nearby" tile popped - with nearby tiles being explicitly excempted in the contract - then it's not technically a warranty issue.

One could argue that the exception is not enforceable, but that's a contract issue, not a warranty issue.