Can someone help our attorney with this Canadian floor covering issue?

[Nick Gromicko]

Nick:

I just agreed to write a letter for a client who claims he purchased a defective floor covering product from an outfit in Canada.

I won't bore you with the details, but the seller sent a man who is an "FCITS Certified Floor Covering Inspector" to view the product, and he blamed it on poor installation rather than the product. The trouble is a lot of the product is still sitting in boxes and has not been installed, but those products are defective too, so it is not just a question of poor installation.

Have ever heard of FCITS? Here is a link: http://www.inspectors-expertscom/

Second, do you know anyone locally who might be qualified to take a look at my client's floor and the boxes of product and write me a one page letter giving an opinion that the product is defective?

Thanks,




Mark S. Cohen, P.C.
Cohen Horner, LLP
P.O. Box 617
110 Snyder Street, 2nd Floor
Nederland, CO 80466
Phone (303) 258-0561
Fax (303) 258-7893

Boulder Office:
1942 Broadway, Ste. 314
Boulder, CO 80302
(303) 541-0055
www.cohenhorner.com

[phinsperger]

Knowing where the house is located would be a help. Canada is a big place. Even bigger than the US.

I also don't think the linking to the NACHI forums was the intent either.

[Claude Lawrenson]

http://www.fcits.org/

[rwand1]

The trouble is a lot of the product is still sitting in boxes and has not been installed, but those products are defective too, so it is not just a question of poor installation.

How does the lawyer no the product is no good? Has he seen it? Does he have a letter from an expert whether or not its a bad product? Or is this simpy speculation on the lawyers part.

I have seen lots of very good products which have failed due to poor installation.

[Claude Lawrenson]

In addition, some materials have testing standards - such as CSA, ASTM. or CGSB in Canada. Does this material fall within the standard ? If so, that would be a starting point of benchmarking the material against the standard.

[dcook1]

Why is a US attorney representing someone in Canada?

Who determined the flooring is defective?

The homeowner? The lawyer? The FCITS guy? If is is in boxes, why it is not addressed to the supplier?. If it is one the floor, why do they not address this to the installer?

This lawyer certainly has not filled in enough information or may be jumping on a cash bandwagon too soon.
Why is the client not talking to the installer first and refusing to accept a poor product, if it is still in boxes as claimed?
This should not be a home Inspector call.
It should be between client and contractor. Or client and where they purchased the flooring.

[dplummer]

Check with the IICRC. They have flooring inspectors who will inspect for a fee. Doug

[phinsperger]

Originally Posted by dcook1

Why is a US attorney representing someone in Canada?

As I read it again, it apprears the flooring was from Canada and I assume installed in a home in the US.

[rwand1]

Its inferior flooring because its imported wood from Canada and Canada supposedly subsidizes its lumber exports contrary to Nafta agreements.

[rwand1]

Good luck finding an inspector from FCIT there are only four inspectors listed in Canada.

[dharris]

This stinks like nicks last bashing of an inspector that only he could not locate, even after claiming that he did his home work on the issue..

lf the products defective contact the manufactures representative, 90% plus are independent sales people, the last thing any reputable manufacturer rep wants is a consumer bad mouthing a product that he sells..

Let me guess... Gromicko is trying to find an inspector that he certified to prove another inspector that did not pay him to be certified in Colorado, wrong..
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[Gill Strachan]

And whom he has no business hunting down, anyway.

If NACHI wants to go anywhere as a legitimate org, they should get rid of their Founder, along with some of the other deadwood. But that ain't gonna happen, since the Founder is actually the Owner and pulls all the strings... especially the purse strings.

[rwand1]

Another enlightening post from a thief.

[Gill Strachan]

Who's a thief? What are you talking about? Or is that just another regular dose of MB piffle? How many boards are you on now? Been kicked off any lately?

[rwand1]

If NACHI wants to go anywhere as a legitimate org, they should get rid of their Founder, along with some of the other deadwood. But that ain't gonna happen, since the Founder is actually the Owner and pulls all the strings... especially the purse strings.

Yeah sorta like how Nachi got rid of you and how OAHI got rid of you. What a loser!