The plaintiff general contractor sued the defendant flooring subcontractor for breach of contract after the installed resilient flooring exhibited loose, lifting, and telegraphing tiles.
The plaintiff replaced the defective flooring and sought to recover the costs.
The defendant argued the issues were caused by excess moisture in the concrete slab, for which it had obtained a liability release.
The court found that the defendant failed to properly prepare the concrete substrate in accordance with the contract specifications, causing the delamination and telegraphing.
The plaintiff was awarded the replacement costs, less the amount claimed for profit.
