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Recently we had the following question from a reader that had never been asked before.

Do you know what the legal position is on manufacturers that will not warranty their product if an installer uses another adhesive?  First let’s explain why manufacturers specify their own adhesives.  No flooring manufacturer produces their own adhesive; they’re all made by one of many very good adhesive manufacturers.  The adhesives are formulated for use with a particular product, for example a hard backed carpet tile, sheet vinyl flooring, wood flooring, etc.  By selling the adhesive with the flooring product manufacturers’ insure the correct adhesive is being used and they tie their warranty to the use of that adhesive.  That said, and knowing the correct adhesive was used, they can at least be assured a quality product was supplied and applied.  They have special identifiers in the adhesive to prove it’s theirs; you can’t escape the evidence.  This does not mean the specified adhesive was applied correctly or that substrate conditions may compromise the installation but it does guarantee the proper adhesive was used.   Historically manufacturers know, and so do you, that installers, if allowed to supply the adhesive themselves, are likely to buy one that is less expensive.  Being less expensive compromises the quality of the adhesive but it also insures the installer he’ll make some profit, which they are more than entitled to do.  

All the adhesive manufacturers producing these specified products for the manufacturers also produce their own line of adhesives.   Products in their line are equal in quality to manufacturers or better.  If you use a product equal in quality or better than what the manufacturer specifies, it can be argued in your defense.  We have to take into consideration however the nature of the complaint that raised the question in the first place.  If there is no failure or compromise to the installation the question of what adhesive was used will never come up.  If there is an installation issue or even a complaint on the product the installation may be called into question raising the flag of what adhesive was used.  If proven the wrong adhesive was used, then the manufacturer has cause to deny the claim.  If an equal or better adhesive was used and it can be proven, which it can by certified laboratory ASTM testing (which we are asked to do often), then the argument for not using the manufacturers specified adhesive can be successfully argued.   Remember though, that the catalyst for the question and argument being raised would have been instigated by an installation concern.  Was enough adhesive applied, correctly, with the correct trowel?  Was the adhesive allowed to dry too much or not enough?  Was the substrate clean, dry and tested?  Was traffic allowed on the flooring material too soon?  Was the HVAC system operational?  Were weather conditions favorable or not? Were the installers familiar or experienced working with the flooring material; had they done this type of work before in the conditions that existed?  All these questions and more will be asked and if the answer to any of them is no, you have a problem regardless of the adhesive used.  Remember what I’ve always said, “The carpet (or flooring material) never lies.  It will always tell you what’s wrong if you know how to interpret what its saying.”

So even though it can be argued that an adhesive used was equal to or better than what the manufacturer specifies or recommends, why would you want to put yourself in that position?  Certainly it could cast doubt on you and it would be expensive to defend.  Just use what they tell you too correctly and avoid all the trouble; it’s a lot easier and safe.

Author: Lewis G. Migliore

LGM and Associates – The Floorcovering Experts