Shrinkage in table top timber,who's fault is it?

Question

I am a joiner and last summer I was commisioned to make six chairs 1 table.The first thing I did was make the table top and took it home so that it could get used to house tempreture.Then I carried on making their bespoke furniture.And other jobs. I had them ready by January.The customers were happy,but when I brought the tabletop back to the workshop to put final finishing after about a week it split.

I asked them for another month to fix it. Thay weren't happy,they've given me a lot of greif and hassled me about the final payment (it should be reduced they said).

It's timber! This happens sometimes.Its not my fault or theirs. How could I prove this? where do I get the info on the net to show them?

Answer 1

i wire a house........two days later the house burns................ they say electrical.................  i say no....................faulty wire.............still   it is ..............i

Answer 2

Goods have to fit for purpose - if the table top has split and this makes it no longer fit for purpose then you are at fault. If the split can be shown to be part of the feature of the wood and doesn't detract from the appearance and it doesn't affect the use of the table then they may have to accept it as it is.

It may have to go to small claims court if you cannot show this .

Answer 3

I have seen alot of oak one year when we had major floods all over the place here..that the moisture content was so high in it..when we stained and finished it (i'm a 37 yeare experienced painter)..that small mold spots would show up in it..it wouldn't show up when stained , only untill you got the first cot of sealer on it... There waas so much of this damp moldy wood on the market that we bought a moisture meter after that before we stained any wood we checked it...This won't help this situation your in, however for the future you can prevent it from doing it again...In all actuality and legality..You are responsible for this part..they could sue you if not redone, but they can't force you to reduce the price if you correct it and the finished product is what they ordered...By law A contractor has the right to correct any mistakes  in some states up to 3 times... Hopefully you have a signed contract then you are liable to repair it..but not liable to reduce your price...I would suggest sending them no less than 2 registered letters maybe a week apart offering to repair the problem, but not at a reduced price..if they do not allow you to and try to sue you..You have the copy of the registered letter to show that you were willing to fix the problem....They will then be at "default" in a court of law for refusing to let you at the price agreed on..Keep the table though...the court may order you turn it over to them "as Is" for thier refusal to let you correct the mishap..even possibly the rest of the payment agreed on due to thier "breach of contract" when they refused to let you repair

Answer 4

all most all joinery books should tell  you that wood is not inert ..since day one timber will swell and contract in different conditions ..ie too dry or wetter atmosphere ..what you did not say is where it split ..in the wood itself or the join ...if its the join you need to be looking at the glue ..if its the timber then i think you will both have to compromise ...but in this game its normally the customer is all ways right

Answer 5

Difficult to find an argument on your side. You chose the timber and it wasn't seasoned, how can you prove the chairs aren't going to go the same way?

If I was trying to pass the buck I would blame your supplier, but that means two arguments instead of one.

It's a no win situation.

Answer 6

you get shakes in the best of timber cant be helped its the nature of the beast

Answer 7

Most contracts (actual or implied) make shrinkage cracks the responsibility of the craftsman. As an expert in your field you would be expected to know that timber will move and make adequate allowance for the fact.

However, the fact you have made good the fault is all you have to do, and it is unreasonable you should do more. They need to stick to their side of the bargain and pay you the agreed amount. They would need to show that they have been put to expense as a result of any delay in this matter (hardly likely).  You could threaten to sue them (small claims court) but this is hardly a good business practice.

Depending on the amount you may have to let it go. You could keep the goods until they have settled in full, which would seem reasonable (collect everything on the pretext of needing to complete them) which would leave them without a leg to stand on. Or at least, a chair to sit on.

You can then sell them to make good your loss.

Answer 8

I think FAULT is probably an innacurate word to use, but in essence, the end result and product lays on you. The fact that WOOD may split isn't the responsibility of the customer either.

   Certainly you can research the species, it's cure/season time in various thicknesses, cut or log. I suppose if you can gather this info, show them and offer some apologetic proof and substantiate the possibles, then you may have a case, to at least be forgiven, or given a pass.

  Seeing as how they had already paid you something, it seems as close to a binding contract as one can have. I suspect they are within their rights to withold further payment. Certainly one shouldn't be expected to pay for a product obviously known to be defective.

Steven Wolf

Just my two "sense"

Answer 9

ITS WOOD   THIS CAN HAPPEN  YOUR GOING TO FIX IT   SO WHAT ARE THEY BITCHING ABOUT   YOU DONT HAVE TO PROVE ANYTHING