- Posted by Lew Migliore on May 4, 2010
Standard of care is the degree of care an ordinary, reasonable, and prudent person would exercise in given circumstances. Used as a test of liability in cases of negligence, this standard is not applied uniformly on all persons because varying degrees of reasonableness may be expected from a minor (infant), an unskilled person, or a professional such as a doctor. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence (from the definition of standard of care).
As a flooring dealer or contractor, you pass yourself off as an expert in the sale and installation of every type of flooring material you sell and install. This includes all soft and hard surface products. If a consumer comes to you to purchase a soft or hard surface flooring material and relies on your recommendation, you are responsible for the performance of the product. Regardless of whether or not they insist on a certain product or rely solely on you, you have a degree of responsibility to provide a product that is merchantable for the particular purpose or service intended. This responsibility would lie with you by either suggesting a product they are considering purchasing that would or would not be appropriate for them. You determine the application and appropriateness by asking questions such as “where are you going to use this material?” and “what type of traffic and care will it receive?” These two questions and others like them would go a long way in helping you determine whether or not the product they want will actually perform as expected. If you tell them it will and it doesn’t just because you want to make the sale, then you can be held responsible for the failure. Just because you didn’t know where it was going to be used (which you should always determine to avoid failure) is no excuse. The standard of care here is that you are passing yourself off to the consuming public as an expert simply by the fact that you are selling floor covering material. As such, you are considered the expert as you function in this field everyday and your customer does not. So if you tell them to use something and it doesn’t work and they file a claim, you’re the first one on the hook. You can compare this to the guy at the tire store who recommends a particular set of tires for your vehicle. You rely on him to sell you the right size and type of tire for the type of vehicle you drive. But in the tire analogy there are guidelines for what type, kind and size tire should be used. Unfortunately, we don’t get those types of guidelines in the flooring industry which is all the more reason your expertise is relied on and so important. This, however, does not mean you are responsible for a particular failure of the material’s performance but it does mean you’re the first in line if there is a complaint filed.
There’s also a standard of care relative to the installation of the flooring material and this is even more important. You may not have as much influence over the sale of the flooring material if the consumer insists on a particular product but you certainly have control over how it is installed if you’re firm is doing the installation. The standard of care would be that which is given as industry or manufacturers guidelines to install various types of flooring material. In the case of carpet, the CRI Installation Guidelines would be used as a standard of care relative to the acclimation of the carpet, stretching, tack strip type and placement, making of seams, etc. The same would be true of resilient flooring through the Resilient Flooring Institute or for wood through the National Wood Flooring Association. The manufacturer of the particular flooring material would have guidelines for installation which would supersede or adjunct the associations mentioned. If you don’t install according to specific and particular industry standards and/or the flooring manufacturers guidelines, then you are responsible for the failure of the installation. Again, you are responsible for how the material is installed but not necessarily with everything associated with the existing or environmental conditions of the installation and installation site. In the case of wood for example, if the installation is done properly and the environment not controlled in the installation site and there is an installation failure as a result, that is not an installation issue. That would be a standard of care of the individual who’s supposed to protect the integrity of the space by making sure the HVAC system is operating where it should be to protect the flooring and other furnishings stability.
The standard of care is something you may not be aware of legally but it is simply making sure you do your job according to the industry standards and standards of the manufacturer. It doesn’t mean you’re supposed to know everyone else’s obligations but you have to know yours.
- Posted by Lew Migliore on March 23, 2010
Based on the number of complaints we get and their causes, moisture issues are the number one factor affecting wood flooring materials and installations. For example, we just finished evaluating and determining a complaint in a number of brand new condos (not yet occupied) for the ends of the boards lifting. The builder was claiming the installation was faulty. The condos were built and finished and then remained empty; another casualty of the economy. The HVAC system was not operating within the range of heat and humidity necessary to keep the wood stable. As a result, the wood distorted, not only lifting on the ends but also at the edges as well (cupping). Most of the damage was on the first floor which was on a concrete slab.
In this case, there are a number of factors affecting the floor – none of them having to do with the installation. The concrete, with the change in environmental conditions, will undergo moisture movement from high to low pressure areas. That is, moisture in the concrete, which is always present, will move from the concrete to the airspace and back. In the process, wood will be caught in the middle of all of this and react. Wood flooring, which you must remember was once a tree, will gain and lose moisture, whether it’s hardwood or engineered wood. When it does, it reacts in many different ways: it can cup, curl, lift, delaminate, expand, contract or stain. None of this would be the fault of installation unless the installation firm – be it retail dealer or commercial flooring contractor – didn’t make sure the environment was conditioned and the wood flooring properly acclimated, before the installation.
If on a concrete slab, moisture has to be checked and tests conducted for Relative Humidity and Moisture Vapor Emission Rate. If on a wood substrate over a dirt crawl space, a polyethylene barrier must be installed below the house to prevent moisture vapor from migrating up to the floor. Most importantly, you have to comply completely with the National Wood Flooring Association guidelines and use common sense (which is often the part that gets skipped). Moisture, in any form, is the enemy of wood floors.
Performance of the wood is also an issue. As mentioned earlier, wood floors are still wood and traffic will affect them. High heel shoes will cause indentations. Dragging heavy furnishings over them can and will scratch them. Dogs’ nails will damage them – especially if it’s a large dog. The properties of wood species vary; some are as hard as a rock and others soft as a sponge. Know what type of wood to use where.
Caring for wood has to be done without damaging it. Wood should never be cleaned with a wet mop. If mopped at all, a lightly damp mop could be used but always make sure maintenance of the wood complies with the manufacturers instructions. Better yet, there are products on the market specifically designed for use on wood floors and only premium products should be used that are recommended by the manufacturer. Another concern raised of late is the little steam mops seen on the shopping channels. These devices should not be used on wood floors as they can damage the finish, affect the surface, swell the wood and create physical changes. The consumer who uses these devices will be responsible for the damage caused. There’s no reason to use steam on a wood floor – but get ready for the calls and complaints from consumers using them. The industry has not taken a stance on this yet but dealers have contacted us with concerns.
If you have specific questions on wood flooring issues, let us know. We don’t want you to wonder about answers if they’re easy to get. Wood flooring is not as complex as you may think and there is plenty of information available to help you. You just have to know wood’s limitations and not oversell it.
- Posted by Lew Migliore on February 23, 2010
With all the talk about new carpet fibers, improvements to existing fibers, recyclability and sustainability what are you to believe? How much of this is marketing hype, how much is truth and most importantly what exactly is the difference?
There are four primary fibers used to make carpet they are Nylon, Polypropylene, Polyester and Wool. Let’s look at each one briefly.
Nylon is first since it is the most widely used fiber by about 65%. There are two types of nylon; nylon 6 and nylon 6,6. Most of the nylon used to manufacture carpet, especially if it is the mills brand, is type 6 nylon. Invista (bought DuPont fiber) and Ascend (bought Solutia) make nylon 6,6. Nylon 6,6 has a denser molecular structure. Nylon 6 dyes easily and will release color more easily. Topical treatments of different types of dye stuffs or solution dyeing will strengthen the colorfastness of type 6 nylon. More and more of the nylon used is BCF – Bulked Continuous Filament – think fishing line. Less and less is being spun – think wool.
Olefin or polypropylene has been the second most widely used fiber. It is less expensive, inherently stain resistant and less affected by moisture, in fact it is hydrophobic – it pushes water away. It is the least resilient fiber and it is oleophilic, which means it has an affinity for oil. This stuff is used to absorb oil when there’s a spill. All polypropylene is continuous filament and solution dyed. Most of it is used in loop pile construction such as Berber and lower grade commercial carpet and as outdoor carpet.
Polyester is being used more and more in two forms. PET most of which comes from recycled beverage bottles and PTT which is a new product. Triexta is PTT. Polyester is also inherently stain resistant. Any fiber that challenges dye systems will also challenge staining agents. Polyester back in the late 70’s and early 80’s and even more recently, had a bad reputation for “uglying out” quickly. The new polyesters which are processed better, more twist and heat set, perform extremely well. In fact PTT will actually outperform nylon as it has all of the characteristics of nylon and polyester rolled into one. The largest producer of polyester carpet is Mohawk both of recycled PET and Triexta PTT.
Wool is the oldest fiber used to make textile floor coverings. There’s a saying about wool that, “it’s like a beautiful woman, it grows old gracefully.” All the other fibers used for carpet are synthetic which means they are basically plastic. They can dull, scratch, abrade, melt, mat, crush and lose their crisp appearance. This doesn’t happen to wool. In fact much of the carpet in all the largest casinos in Las Vegas and high end hotels all over the world use wool for this reason. Actually the carpets for these locations are an 80% wool 20% nylon blend. The nylon bolsters the performance of the wool. Wool will also not melt when burned. It chars and the char can be scraped off simply by using your finger nail. Another reason it is the standard for casinos in Las Vegas as cigarette and cigar burns have no effect on it.
I’ve included a Quick Chart of fiber information which you can use as a simple reference for all the fibers used in carpet and rugs.
