QUESTION
We have purchased a home that is only 2 years old. It only started settling this year and the grout in the tiles have started to come away and the tiles can shift up and down when stepped on. This is on all levels of the house. The kitchen, walkway and two bathrooms. It is past the one year warranty. We contacted the builder and they said its not their problem. Very upsetting as its a new home and it would cost a fortune to retile everything. Do you have any suggestions?ANSWER
ANSWER - It sounds as though your tile installation has failed and is debonding. It is likely due to compounding deficiencies in how it was installed. The substrate may have not been properly prepared. The tile likely wasn't bonded as well as it should have been, and there is likely not adequate movement joints to mitigate the normal stresses that a tile installation is subjected to. If the tile is installed correctly, it should perform well for the life of the home.Depending in what state you live in, there are laws to protect the consumer against concealed defects known as a latent defect. In California the homeowner has 10 years to file a claim. Other states may have less time to file a claim. There are also state contractor boards where you can file a complaint to hold the developer responsible for correcting the deficient tile installation. There are attorneys who specialize in construction defect claims and sometimes it may be practical to hire one to pursue your claim.
My 2nd floor condo in a quad in Florida is 7.5 years old. How do I find out how long I have to file a claim? I also have, and always have, hollow tiles, many fixed with epoxy withiin a year, many more hollow now, and now some are shifting up and down when stepped on.
The laws vary by state. Florida laws don’t protect the consumer like they do in California where residences have up to 10 years for latent defects in the construction of their homes.
If you do a google check it says: “In Florida, the statute of repose for latent construction defects is seven years, and the statute of limitations is four years. The statute of limitations begins when a property owner discovers or should have discovered a defect. ”
You will have to verify with the Florida state or a Florida attorney.
A hollow tile doesn’t necessarily mean it is a defect, but often a hollow should could be a symptom of a defect. Since you do have resultant damages by some tiles being loose then it likely is a symptom of an underlying defect.
When there is a tile problem it is never due to a single defect, but rather it is normally due to multiple compounding defects. You probably do not have adequate movement joints particularly at constraining wall transitions. The tile could be very absorbing as we find with many cases in Florida. A higher absorbing tile will have a greater propensity to expand and contract as it heats up or absorbs moisture, and contract as it cools and dries.