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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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