Page 5 - 2019-04-CFR Volume 127 - Im Not On the List - April 2019

Of course, it’s best not to find yourself needing to file a claim at all. Here are a few tips on how to avoid
complaints;

• Know what can go wrong based on the job and what you have to work with and your experience.
Part of this is knowing if the installation site is acceptable for installing the flooring.

• If need be, on certain jobs, you can ask for a field tech representative to be on site for the job start up
to insure nothing goes wrong. It still may but you have some assurance by having manufacturer rep-
resentation.

Here are the most common causes of claims which, the sales rep, designer, architect, GC or you may
have created:

-Overselling -Environmental conditions - Leed
-Mis-specification -Not knowing what’s wrong and how to fix it
-Lack of product knowledge -Ignorance and lack of common sense
-Lack of installation skill and knowledge -Chance shipments by the manufacture
-Acceptance of conditions and substrate -Customer’s expectations

Lastly, if necessary, you must defend yourself. Everyone is afraid of attorney’s it seems, and the mere
mention of the word attorney elicits reactions that can be compared to having teeth pulled. First, despite
what you may think, the law is the same for everyone and it’s about being reasonable especially when it
comes to disputes over flooring. Nothing is cut and dry. There are portions of a complaint that are im-
pacted by the law governing product performance and those influenced by the normal standards and
practices of the industry. You should never respond to a complaint brought against you by a customer,
supplier, etc. that is represented by legal counsel without being legally represented yourself. Regardless
of what a claims analyst may tell you or the fact they deny the claim, when there are legitimate, provable
and irrefutable defects in the material there are legal ramifications. Not being on “the list” does not fly as
an excuse for not honoring a legitimate claim where the product is in fact defective.

You may have to ultimately hire a construction attorney to help you win your case. We have involved
with us one of the best in the country that can help you. We are also retained by several attorneys in
cases around the country at all times. We are, by the way, on the top of that list. Hiring a top notch con-
struction attorney can relieve a lot of stress because the attorney will be managing and litigating your
case as the expert you aren’t and they’ll get a resolution.

Millions of dollars are lost every year because the industry does not properly respond to claims. This in-
cludes manufacturers, dealers, installers, and anyone who has anything to do with trying to resolve a
complaint. Certainly claims and complaints are the most distasteful part of being in the flooring busi-
ness. No one wants to have to deal with a complaint and most people don’t really know how. You may
think you do, but most of you don’t.

In every single case, quick response and a genuine offer to settle the problem, whatever it takes, will end
the complaint. This will almost always be a whole lot less than what it takes later, after the end user has
been snubbed, jerked around, lied to, made to wait and generally left twisting in the wind. What’s most
disturbing is knowing that the situation could have been rectified and resolved sooner, easier and with
much less expense if somebody hadn’t dragged their feet and declined, declined, declined over the least
little nothings hoping you will just go away. That’s when you need to put us on your list. We’ll tell you if
you have a legitimate claim or if you don’t and if you do. It has been said that LGM is not the guys you
want sitting on the other side of the table. And us not being on the manufacturers list is a good thing for
you.

5 Commercial Flooring Report April 2019