# Legal options for claim on rotten wood joists **URL:** \ **Category:** In My Humble Opinion\ **Created:** [October 6, 2021, 4:02pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010 "2021-10-06T16:02:25Z")\ **Posts on this page:** 8\ **Page:** 2
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [October 26, 2021, 8:45pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/21 "2021-10-26T20:45:49Z")
> [@Tride](#): > > Fun construction lawsuit story–we just finished a pretty nice house for ourselves in MT. It was going to have concrete floors. We went the extra mile and put down Ramboard cardboard for protection and used their product that adheres to itself. When we pulled it up the adhesive had caused the concrete to cure differently and there were bright white stripes every 3 feet. Maybe paint the rest of the floor red, get a peppermint colored drum set, and take up playing the electric guitar with a lot of reverb? Just a thought. Stranger ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [October 26, 2021, 10:15pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/22 "2021-10-26T22:15:57Z")
Well if it was because the wrong material was used…non pressure treated lumber vs. pressure treated lumber, did you actually spec that pressure treated lumber would be used? You got 9 years out of it. Did you just reimburse the contractor for the cost of the wood? If so, you didn’t pay the costs of pressure treated lumber, as it is more expensive. Too many questions without answers for us to give you a fullsome answer/opinion. ---
**Author:** ![Tride](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tride/32/13907_2.png) [@Tride](https://boards.straightdope.com/u/Tride)\ **Post date:** [October 26, 2021, 10:33pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/23 "2021-10-26T22:33:27Z")
We did a variation on that–metallic floor epoxy (80 gallons worth!). It’s pretty trippy. Quite the process–grind all the floors for adhesion, mask off EVERYTHING, then spread epoxy that has a pot life of about 20 minutes, then top coat with a 2 part polyurethane that needs a wet edge at all times. We hired pros and even they struggled a bit. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [October 27, 2021, 12:57am UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/24 "2021-10-27T00:57:15Z")
> [@Tride](#): > > As a contractor, I’m somewhat confused. Most pressure treated wood comes treated from the mill–i.e. Weyerhauser or Roseburg does the treating and offers a warranty. Is that the case here or was it perhaps on-site treatment? Not on-site treatment. Here is what the contractor told me today: > [@](#): > > We purchased the wood from TW Perry. The lumber was supplied to them from Madison Wood Preservers. The chemicals used to treat the wood came from Lonza (now Arxada), and Lonza/Arxada hold the manufacturer’s warranty: [https://www.wolmanizedwood.com/wp-content/uploads/2018/12/Wolmanized-Wood-Warranty-10-18.pdf](https://www.wolmanizedwood.com/wp-content/uploads/2018/12/Wolmanized-Wood-Warranty-10-18.pdf) (“Arch” referenced here is part of Lonza/Arxada) ---
**Author:** ![Tride](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tride/32/13907_2.png) [@Tride](https://boards.straightdope.com/u/Tride)\ **Post date:** [October 27, 2021, 1:12pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/25 "2021-10-27T13:12:05Z")
Weird. I gather from “TW Perry” that you’re on the E Coast. Kind of a harsh environment, but not extreme. Will the contractor work with you on the labor? It’s not his fault, but I’d be embarrassed as hell. I would definitely be looking for name-brand “ground contact” rated PT as a replacement and I might even flash the top of each joist with bituthene or the like. Can you get Georgia Pacific PT? ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [October 27, 2021, 2:04pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/26 "2021-10-27T14:04:11Z")
The contractor is coming back Monday to give me a quote for the work, so I’ll bring this up. Yes, I’m in Northern Va. and I think TW Perry is a local or maybe regional company. ---
**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\ **Post date:** [October 27, 2021, 2:15pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/27 "2021-10-27T14:15:10Z")
It’s not my trade but we’ve run into similar problems with material warranties, on much shorter warranty periods. I will usually start with working with my suppliers and tasking them with wrangling good results from their suppliers. It’s in my suppliers best interest to help me resolve issues like these because we do a lot of business with them. Ditto for them and theirs, but I don’t have a relationship with the higher levels and that makes things a whole lot harder. Stick with who you spent your money with if you can. That said it’s always a time consuming pain in the ass that requires a lot of documentation and follow up. Hopefully you’re dealing with a good mid sized contractor. They’re more likely to have both the resources and the desire to help you resolve this. Once lawyers are hired everyone looses the desire to help, if they ever had it, and unless your contractor really messed up the buck is going to get passed up to people with a lot more bucks. Bucks that they’d now rather spend on lawyers than on fixing your deck. The chemical companies $650, plus a contractor willing to do the work at or closer to cost may wind up being a hell of a deal if you can swing it. ---
**Author:** ![deckrotting](https://avatars.discourse-cdn.com/v4/letter/d/ac8455/32.png) [@deckrotting](https://boards.straightdope.com/u/deckrotting)\ **Post date:** [December 29, 2022, 6:12pm UTC](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010/28 "2022-12-29T18:12:38Z")
Our deck was built 8 years ago in Northern Va as well and we are having the exact problem. TW Perry was where the wood was purchased and our contractor said the wood was treated incorrectly and that is why we have rotting pieces. I just filled out a warranty with the wood supplier and have to wait to see how much they will give us and then my deck guy will do the work at cost but I have to pay him for the job. I also have to get all new composite wood that wraps my entire deck. To say I am mad is an understatement. To pay that much and only have the deck stand up to the elements for 8 years is unacceptable and to only maybe get money back for the rotten wood makes no sense! I feel like someone should be responsible! Ughhh! [Previous page](https://boards.straightdope.com/t/legal-options-for-claim-on-rotten-wood-joists/952010.md?page=1)