20 yr old condo not built to code, new tile cracking, whose to blame?

Question

Hi, I bought a 2nd floor condo in late 2005 and had tile put in (800 sf) before moving in. Within 6 months the tile started cracking. Lowe's (who installed it) had 4 different people come out and looked at it and said the joists are too far apart, like 22 inches instead of 18. This wasn't disclosed before I bought it, and I doubt the old owner knew as he had carpet in there. Anyways, I now have a worthless, cracked floor and Lowe's says I need to tear it all out, put down new, thicker plywood, and 'maybe' I'll be able to do nail-down wood floors. The original project cost 8K, they're offering me $2500 towards fixing this. All I know is that if I try to sell the place I'll have to disclose the joist issue, give a flooring allowance (if I don't get it fixed) and I'm out (after the Lowe's money back) $6500. Who is responsible? The home builder is out of business, my home insurance doesn't cover it, and the inspector is not liable for structural things like this because it's not visible. What should I do??

Answer 1

Your condo was built to the absolute minimum code requirement.  Most states use the UBC Code book.  Depending on the size of the joists and the type of plywood, the spacing could be as much as 24" apart.  The condo was not built with the intention of putting in tile.  There are other ways to fix it.  I.E. Cross bracing, thicker layer of plywood...etc.  You have no restitution because technically it is not a violation.

Answer 2

it was probably built to code 20 years ago codes change every year. so i'm not sure if their is anything you can do about it accept pay for the repairs yourself

Answer 3

actually, I would consider the tile installer responsible to know that the joist structure would not support ceramic tile. they would be able to see this by the nailing pattern in the subfloor as they installed the tile. if concrete backer board was not set into thinset, on top of existing 3/4" plywood, it is also an installation issue. i would even be willing to bet, since the builder was SO cheap, the sub-floor was particle board. again, this is an installer issue as particle board will definitely not support ceramic tile, and would void warranties from tile company, thinset company.

you would have to rip up the subfloor, install an extra joist in each joist bay on joist hangers, and new 3/4" plywood.

I think the entire amount you paid Lowe's is for a suspect installation. You will probably need an attorney, or at least the threat of one. Man, I feel sorry for ya.

Hope that helps.

Answer 4

Most real estate sales include some sort of inspection, and the

inspection, some sort of guarantee or insurance.

Check your documents.

Answer 5

Contact a good real estate attorney.