Can I get contractor to re-do a heated bathroom floor?

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Can I get contractor to re-do a heated bathroom floor?

I hired contractor to redo 2.5 bathrooms, 2 with heated floors; 1 bathroom heats up great but the other is freezing in the winter. I hired him for his expertise and knowledge. I consulted with his team and the type of matcustom was decided upon. Well the mat in he smaller bathroom works great but the same mat won’t achieve the same results in the master bath because it is a larger room with more wall exposed to the outside. I believe my contractor learned that fact the same time I did from he NuHeat floor rep. My contractor suggested a ceiling heating lamp. I am presently looking into that option but wanted to see if I had a legal option to have this problem fixed in the fashion he was hired for. He complains he’s $500 into this problem. The heat rep

coming to house and electrician to install new thermostat, while my wife and I are 14k spent on a bathroom we can’t use in the winter. Is their anything we can do?

Asked on July 16, 2018 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If he contracted to install a heating floor, then he is contractually obligated to do so: if he will not--whether that he will not or does not install a heated floor at all (e.g puts in some other system), or installs one but it doesn't work (since the fact that the floor will work is implicit in the contract)--you can sue him for breach of contract. You can't effectively force *him* to do the work to install a functional heated floor, but you could sue him for the cost to have someone else do the work right.


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