Page 2 - 2018-05-CFR Volume 116 - Admission of Guilt - May 2018

Factors that are dealt with in a failed installation or defective product or
the reasons for a complaint are all able to be determined. All of the
following are included in making a determination or in exhibited evi-
dence that tell the tale. The list is lengthy.

• The process of elimination
• Effective forensic investigation
• The obvious facts or differences in a material The experts at LGM
• The reaction of the material(s) in an installation
• The differences in performance or material integrity – structural or specialize in consultation,
otherwise – that is uncommon or beyond the norm of what has his- correction and resolution for
torically been flooring complaints, claims,
• The proof of defect from installation and performance
industry accepted test re-
sults and replications of issues.
complaint conditions where
the product exhibits the No issue is too big, too small
exact same characteristics or too far away for us to
instigating a complaint or
failure that prove its exist- handle.
ence and are irrefutable
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evidence and proof of what ASTM D7570 (Edge Curl) Standard Test Method
the problem is and the
cause. for Evaluating Dimensional Stability of Pile Yarn

Floor Covering

These are all things that could
initiate an admission of guilt without really admitting guilt. And then
there’s the complete denial of any wrongdoing but the compromise to
contribute something, often material, to appease those filing the com-
plaint. These issues that create a complaint or claim can be negotiat-
ed to a settlement and often are without the need for any legal action.
But, more often than not a legal action is filed that results in the wrong
doing being resolved through a settlement that is negotiated through
the use of attorneys. This is how the process works, like it or not. Re-
member, rare is the case of a flooring complaint that ever sees the in-
side of a courtroom. No judge wants to clutter their calendar listening
to an argument that they know can be resolved with a negotiated set-
tlement.

We work on the biggest of the big commercial complaints, claims and
failures and the people who retain our services are normally very sav-
vy. They know what should be and when there’s a problem realize that
it’s not something that occurs on a regular basis. They’re used to
working on big projects and understand the circumstances of making
them successful. They also work with enough products on these pro-
jects and have the experience to understand how they should perform
and if they’ve had problems with them. When a flooring issue

Page Layout By: Anita S. Drennon

2 Commercial Flooring Report May 2018