Tile Indentation & Cracking, Installer, and the Attorney General

A few months ago I posted to this group about my tile showing an indentation directly on top where the subfloor meets. I also explained how one of the tiles cracked, the installer replaced them, but then the indentation came back and now 5 of the tiles have cracked. Based on various responses from this group, I contacted the Attorney General since the installer was blaming it on a structual issue. The installer still claims this and refuses to do anything else. It appears to me that he did not ensure the subfloor was properly secured to the joists and that should be his problem.
I would like to know if anyone has some good suggestions to go back to the Attorney General and installer with.
My original message posted some time ago was:
I had a new home built in August 2000 and about a year later noticed that one of the tiles was cracked down the middle. This had me look at all the tiles and noticed that an indentation was going down the center of numerous tiles...happens to be right above where the floor boards meet.
The builder had the tile guy replace the cracked tile, which caused the next tile in line to crack. However, they waited until May 2002 and the replaced tile did not crack again...at that time they removed all the tile that showed an indentation and the associated wonder board. It was replaced with new wonder board (just the portion below each 12 X 12 tile (usually in a line of tiles), tile, and grout.
Well, sadly, it is now showing the indentation on every tile that was replaced.
The tile guy claims he has never seen this before and does not know what to do. I looked at another house he worked on and it too has the same issue.
I watched him do the job and it appeared to be a good one, but I am not a tile expert.
I need some ideas on what could be wrong and what I should do.
Any experts out there?
Ben
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Your beef is with the builder, not the tile guy. Something is giving under the tile or they wouldn't be cracking.
Tom J
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Daughter had the exact same problem. Many cracked tiles and all were where the subfloor sections butted together. Called in another tile contractor, a number of tiles were pulled up and diagnosis was that the nails on the subfloor were spaced too far apart, thus allowing the subfloor to move. Tile contractor resisted making amends, very large floor, expensive tile --Turned out, he had a new employee do the nailing---documented everything in a letter--small claims court was next--won a judgment--guy pleaded poor, judge made him bring in bank statements, business statements to show how poor he was. He wasn't poor, lost again and was instructed to show up in court on a specific date ready to pay in full; he laughed and said that he never would. He never showed up for his court appearance--daughter got an arrest warrant issued by the court. Several days later he was picked by the Sheriff up at his home at 5 AM. Came before the judge in handcuffs and was told pay the restitution or stay in jail. His daughter was there, whipped out a roll of bills and paid my daughter in the spot. He also paid for the labor of ripping out the old floor--case closed. MLD

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One word.... congratulations.
From all of the screwed homeowners of the world.

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experienced now, I have noticed that they nailed the floor to the joists with liquid nails. However, there were sections where the joist was missed.

affected...not carpet or even possibly vinyl flooring.
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have a jacuzzi.
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1 You have been screwed 2 Call the bldg inspector, get opinion. 3 Get 4 estimates to fix problem 4 File a lawsuit in court , small claims if max limit will do it 5 subpeona all, or inspector 6 go to court 7 DA probably will say same 8 move the ball its your game 9 have a drink to many 10 go back to #3 talk to atty if amount is greater than small claim and you want pay to loose and spend years in court 11 an atty will blow my thinking here tonight because he is an atty 12 I have done it so have millions 13 Go for it you paid for it
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First thing
The geeral contractor hired the tile guy not you correct?
If so your beef is with the general and you could care less about the tile guy. He and you have no direct relationship!
Second since you say other people have a similar problem you should notify the builder you are going to file a
"Construction Defect" claim against him and are looking at having it turned into a class action
You don't mention whcih state you are in but most states take construction defect claims pretty seriously and the builder would wind up spending big bucks trying to defend himself if they didn't put down backerboard and stagger the joints!
Tell the builder you want all the tile torn up and the underlayment put down correctly if that is the problem!
Contact your local TV "Consumer reporter
If several homes have the same problem is should make a great story!
Wayne

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First thing
The geeral contractor hired the tile guy not you correct?
If so your beef is with the general and you could care less about the tile guy. He and you have no direct relationship!
Second since you say other people have a similar problem you should notify the builder you are going to file a
"Construction Defect" claim against him and are looking at having it turned into a class action
You don't mention whcih state you are in but most states take construction defect claims pretty seriously and the builder would wind up spending big bucks trying to defend himself if they didn't put down backerboard and stagger the joints!
Tell the builder you want all the tile torn up and the underlayment put down correctly if that is the problem!
Contact your local TV "Consumer reporter
If several homes have the same problem is should make a great story!
Wayne

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