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Phase 1 Tile Questions and Answers 

(revised and updated)

Note: New information below is in italics or is enclosed in brackets [ ].

 

A Tile Offer Too Good to Pass Up

Who is available to retile your home?

    1. Express Flooring & Tile, Inc., Darek Drabent, 595-4486
    2. Independent Tile, LLC., Vincent Barilla, 325-9175

Pulte's offer to repair and crack isolation membrane issues and cost.

    1. Are all Phase 1 homes covered by Pulte’s offer to perform a floor inspection? Technically, the concrete slabs in all Phase 1 homes fall into the category of homes affected by an NRS Chapter 40 construction defect claim. That claim, at least in part if not entirely, is based on the absence of reinforcing steel (rebar) in the concrete slab. The absence of rebar is alleged to contribute to movement in the slab, which, in turn, may cause tile and grout to become loose and tile to crack under the stress of the movement. [Please note that this does not preclude other factors contributing to slab movement issues.]
    2. Are any Phase 1 homeowners not covered by Pulte’s offer to repair? Yes, homeowners who are represented by legal counsel as a result of a Chapter 40 claim against the Developer for any reason, such as KITEC, or for any other construction defect issue.
    3. Does Pulte’s offer to repair cover tile laid by someone other than the Developer? Yes. Since the underlying problem is the slab, Pulte is addressing all tiled areas regardless of who did the work.
    4. What about other areas of the home not covered by tile?  Other non-tiled areas of the home, like carpeted floors, are not covered since the proposed remedy (see below) applies only to those visible areas that are subject to tile movement problems.
    5. Pulte’s proposed offer to repair. To remediate the tile movement/cracking problem, Pulte is proposing to inspect your floor and repair any tile needing repair, using available tiles in the garage, or to retile the tiled areas of your home if there are insufficient tiles in the garage while also applying a crack isolation membrane between the slab and the tile. Pulte recommends using the Mapeguard SM membrane.
    6. How good or accurate is Pulte’s floor inspection process? In a nut shell, based on my experience, very poor and not accurate at all. Since Pulte’s inspection process entailed a physical count of existing tiles in the garage prior to the floor inspection, the obvious question is why and how that information would be utilized. I soon learned that the number of tiles in the garage dictated the outcome of the inspection. I had 21 tiles in the garage and Pulte’s tile expert found a total of 18 tiles needing repair. That meant that Pulte would schedule an appointment to replace those 18 tiles. Was I fortunate in having enough tiles on hand to do the job or was I the victim of a scam to save Pulte some money? Consider, if I had more than 21 tiles needing repair, Pulte would have offered to retile the entire house. Following that visit, I did my own floor inspection and discovered a total of 130 more “problem” tiles, tiles which exhibited some movement when lightly tapped.  Pulte came back about a month later and agreed that the tile floor needed to be replaced with a new floor.
    7. Will a crack isolation membrane solve my tile problem? Yes and no. The answer depends on a number of factors. The two primary factors are slab movement, its type and the extent of movement, and the membrane used. First, a crack isolation membrane will address only horizontal slab movement, not a vertical (upward or downward) movement. Second, such a membrane can address only minor horizontal movement. Insofar as the membrane used, Pulte’s recommended membrane is Mapeguard SM. On the other hand, contractor Vince Barilla uses a different product, one he is familiar with installing in commercial buildings. That product is Dal-CIM 500.
    8. Is one crack membrane product better than the other? Yes! While both are able to withstand some structural movement, it’s my opinion that Mapeguard SM is a far superior product based on a comparison of their reported attributes. In contrast to Dal-CIM 500, which has a maximum movement capacity of ¼” (6.4 mm), Mapeguard SM has a maximum movement capacity of 3/8” (10mm) without transferring the stress load to the finished tile. As a result, the maximum movement capacity of the Mapeguard SM products is more than 50% greater than that provided by the Dal-CIM 500 product.  If your slab moves horizontally, I believe it is more important to have a membrane with the larger movement capacity. Accordingly, I would not recommend the use of the Dal-CIM 500 product if you are at all concerned about possible slab movement greater than ¼”. While the use of Mapeguard SM may cost more, you are protecting against unknown stress forces over which you will have no control.
    9. How much does crack isolation membrane cost? Admittedly, membrane is expensive. According to one souce, the contractor's price for a 150 sq. ft. roll of Mapeguard SM cost $187. For example a 1,000 sq. ft. of tile flooring would cost about $1,250, or the equivalent of $1.25 per sq. ft. In the case of Dal-CIM 500, the cost of a 225 sq. ft. roll is $250. For example a 1,000 sq. ft. of tile flooring using the Dal membrane would cost about $1,111, or the equivalent of $1.11 per sq. ft. That would make the cost per sq. ft. of Mapeguard about 13% greater or more expensive than the cost of the Dal membrane. But with that extra cost, you are gaining 50% greater protection in terms of slab movement.
    10. Is your vinyl floor covered by Pulte’s tile offer? Please contact Pulte’s Customer Relations to inquire.
    11. Will Pulte’s offer to repair correct or fix all of the slab problems I might have? Pulte’s offer is intended to address the visible affects of minor horizontal slab movements that can cause tile to crack and grout to crumble. Homeowners may have slab issues that extent beyond the limits of Pulte’s repair offer. If you believe you have such issues, such as evidence of vertical displacement, you should first contact Pulte. Some of these matters are technical engineering and potentially legal issues that are beyond the scope of this article.
    12. Is a release required? Yes, if you agree to have Pulte do the tile work, you will be required to execute a general release of liability form.
    13. What are you releasing? You are releasing Pulte from any liability for workmanship issues involving a) the concrete slab, and b) the tile floor which Pulte warrants for 5 years.
    14. Can I accept the tile repair offer and refuse to release Pulte from liability on the slab? No. If you have any questions about this, consult with your legal counsel.
    15. How can I contact Pulte? Call Customer Relations at 914-4800 and request a floor inspection. They will put you in touch with your area representative, who will schedule an appointment for a floor inspection.

What do I need to do if my home is scheduled for an inspection.

    1. Is there anything I should do prior to Pulte's inspection? Yes. Since Pulte’s inspection may be incomplete or flawed, I recommend you perform your own floor inspection in advance. If you do not perform your own inspection, you run the likely risk that Pulte’s inspection will miss critical floor issues that have been overlooked. You want to avoid being told your tile problem is 15 tiles needing repair when the extent of the problem is really much greater.
    2. How do I perform a floor inspection? You can easily perform a tile inspection by lightly tapping on each tile to ascertain whether the tile is properly bonded to the slab. If the tile is not properly bonded, that might suggest the tile was improperly laid or that a crack in slab beneath the tile has caused the tile to move, resulting in the bond (mortar) to break. You will be able to tell whether the sound emanating from your tapping is solid or hollow. In addition to hearing the difference, you can also feel the difference since a hollow sounding tile will also cause the tile to slightly vibrate. You can stand or move around on your hands and knees. If you stand, use a handle from the end of the broom or similar device. Otherwise, use the plastic end of any tool like a screw driver. I used the butt end of a stainless steel knife.
    3.  Once I find a hollow sounding tile, what should I do?  It is very important to retain a record of the tiles you found that exhibited some movement. This will benefit both you and Pulte’s inspector. The best way to do that is to mark such tiles in some manner that readily identifies the tile as a potential problem tile. I used small pieces of color masking tape and left them in place so that when the inspection was performed, Pulte would have a clue that would lead them to which tiles to examine. You may note that hollow sounding tiles will typically travel along a straight line, suggesting the possibility of an underlying crack in the slab.

If Pulte offers to do a complete retile of your home, you will have some options to consider.

    1. Refuse the offer. You may not wish to move out of your home while the work is being performed, a requirement, even though Pulte will compensated you for board and lodging at a fair price. You may have more serious slab issues than Pulte is willing to recognize. Or, you may not want to release Pulte from liability on the slab.
    2. Accept their offer. To accept their offer, you must execute their general release form on the slab and tile work. Pulte will schedule an appointment to perform the work, typically in the distant future, and along with that offer to repair, will offer you a cash buyout option in lieu of performing the tile work.
    3. The cash buyout option. The cash buyout offer includes all labor, the cost of Mapeguard SM, and the cost associated with the grade of tile you originally selected. It does not include the moving out costs. If the cash buyout offer is for $10,000, you get a check for $10,000. For reasons that are not entirely clear, Pulte has since lowered the amount of money being offered to homeowners who wish to accept a cash buyout. From the amount of money Pulte had offered us, for example, Pulte has reduced their cash buyout offer by $1.20/sq. ft. or 13% off the fixed portion of their previously offer of $9.60/sq. ft. The fixed portion is all costs except for the cost to replace your particular grade of tile initially installed.

You received your cash buyout check, now what?

    1. What are your options? The check you received was based on the terms of the paperwork you completed and submitted in order to receive a cash buyout. Since the money included funds for the installation of a crack isolation membrane, Mapelastic (Mapeguard SM), the homeowner has agreed to install a crack isolation membrane in any repair job they perform.

    While the homeowner may choose to perform the tile flooring repairs, a decision not to do so may impose certain income tax obligations, which your tax advisor can properly address, as well as certain disclosure issues about the slab when the home is sold.

    Let’s assume you decide to have the work performed by a local tile contractor.

    1. How much will it cost?  Always a consideration, the cost of having a tile job is in flux. On the one hand, Pulte is offering less money to the homeowner. On the other hand, at least one tile contractor is charging more than they did a month ago, while also adding some services not previously offered.

    Fortunately, competition should help to keep costs in check.

    Homeowners are strongly advised to get more than one bid and listen carefully to what services are being offered.

    Whereas earlier deals resulted in homeowner outlays (costs) for retiling the home equal to about 52% of the cash buyout amount, or lower, those results are no longer possible. Each situation will be different and many factors will determine the final outcome.

    1. Select a tile contractor. See the first section on who is available to retile your home.

      While pricing from the two contractors shown should be comparable, there are some distinctions between the two. While Vincent (Independent Tile) uses what I believe is an inferior crack isolation membrane from Dal-tile, Derek (Express Flooring) has used what I regard to be a superior membrane product, Mapeguard, which costs slightly more. As discussed below, their offered approach in terminating tile at the baseboard differs markedly. 

    2.  Other matters to consider when doing your own contracting.
      1. Is the homeowner required to move out of the home? No. If the homeowner decides the stay in the home, the contractor will make every effort to provide you with a serviceable toilet at all times. However, one must not walk on recently laid tile. We stayed in our home on 4 of the 5 nights while the work was being performed, leaving in the early morning on day 5 and returning the following morning. We “lived” in the carpeted master bedroom, used the master bath, and either dined out or did carry out.
      2. How much garage space is needed? Count on an area of roughly 10’ x 10’ to accommodate the stacking of tile, materials and equipment.
      3. What about the car? At least during the day, count on leaving the car(s) outside so that the crew has convenient working access since the garage door will be open.
      4. What about the dishwasher? While a minor issue, if there is existing tile under the dishwasher, there should be no problem in removing the dishwasher to retile. Understandably, tile contractors do not wish to accept responsibility and liability for disconnecting and reconnecting dishwasher hoses. In our case, leaving the discharge and intake hoses connected, while unplugging the electric cord,  our dishwasher came out easily with plenty of room to spare to retile. Whether this is true in all situations is unknown.
      5. The refrigerator? The refrigerator will be moved out of the way to retile, but will be reconnected to an outlet to keep it running. Caution: If the refrigerator is reconnected to a switched outlet, make sure that switch for the outlet is turned to the “on” position.    

Who did Ron Johnson use to retile their home? We contracted with Vincent Barilla. 

Were you satisfied with Vince’s work? Yes and No.

While wishing to satisfy, Vince prefers to do the least amount of work possible or he makes up excuses for not wishing to do something, which, although being somewhat mild mannered, I found especially irritating. For example, he offered to tile up to but not under a large, heavy television sitting on a raised hearth, leaving the old tile in place under and behind the television. With the raised hearth, he proposed to tile over the existing tile instead of tearing out the exisitng tile. He also refused to take out and retile under the dishwasher. Only with my urging did Vince agree and do as I had asked. I did so with the knowledge that Pulte (without anyone asking) had done the job properly several years back when Pulte had retiled our home.

Vince was less attentive in protecting moved furniture from dust and could have been much better in sealing off carpeted rooms and areas to control the accumulation of dust. Vents were left uncovered. Vince did not offer the option to retile under the baseboards, only up to the baseboards, thereby requiring a visible grout line that terminated the tile, which also exposed wall alignment issues. While under baseboard tiling is more professional looking, it is more time consuming to accomplish. The existing baseboard would have to be removed and new baseboard applied, incurring an additional cost. Since Vince did not make that offer, I did not have that option.

Vince’s crew did a high quality, professional job in laying and setting tile.

Are there other outstanding questions? Yes. For example:

    1. Let's say you took Pulte’s inspection offer at face value and accepted their offer to repair 10 problem tiles. Do you have any options if you believe Pulte made a mistake? Assuming the work has not been done and you believe that Pulte’s inspection did not accurately account for your tile problems, you should re-contact Pulte and request a new inspection. In order to do so, you need to document the extent of the problem by doing your own tile floor inspection so that Pulte has relevant information on which to justify their need to return to your home. You may wish to take some digital photos and send them to your customer relations manager, who should have left his card with you at the time of their initial home visit.
    2. What if Pulte has already repaired my 10 tiles. Am I now out of luck if I later discover that Pulte’s initial inspection was not complete or accurate? Not necessarily. You may still be able to make a compelling case by documenting your tile problem and contacting your customer relations manager, or better yet, the manager of the department detailing and documenting the mistake and the extent of the problem you discovered.

Ronald Johnson, 19 April 2009