Legal Question in Construction Law in Arkansas

My son owns a small construction company. Homeowner signed a contract for replacing all hardwood floors with tile. Job was bid for a certain timeframe. After the demolishion of the wood floors was complete, she informed him that she had ordered handmade tile from Italy and it would be 6 more weeks before it would be in. He had to pay extra to keep 2 Pods onsite ( 1 for her furniture and 1 for his equiptment ). When the wood look plank tile came in the boxes all said Sunnyvale Tx and each tile said Made in USA on the back. These tiles are known for cupping and bowing. Especially the longer tiles... which she chose. The flooring dealer did not tell her anything about the tile at the time of purchase. Twice during the job, my son told her to take a look at the tile in certain spots and told her that some of the tiles bowed up in the center. She said it looked fine and to continue. He even made a video to show how light shows underneath the tile and it was cupped. She decided she didn't like it after they had completed the whole house. She is now complaining and threatening to sue claiming "poor workmanship". She has a case of buyers remorse and does not like the way they look. She got a "report" from the manufacturer saying there is nothing wrong with their tile. Of course he is going to say that. We have proof otherwise. She is now demanding that my son give her the name of his insurance company so that she can file a claim. Must he give it to her?


Asked on 7/24/12, 7:58 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

This is a matter for your son and not you. You are not a real party in interest. If he has insurance this matter would come out in litigation and the insurance company would defend this up to the limit of his insurance.

My advice to you would be not to get involved in your son's business as a parent. It may just get more cumbersome for him.

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Answered on 7/25/12, 2:42 am


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