Nasty situation, advice appreciated

[Michael Nahm]

I’m in an interesting situation and would appreciate advice.

I hired someone to install vinyl (I’ve learned since that LVP is best) planks in a rental. I paid A LOT for labor (around $2,000 for 400 sq.ft. area). I would rather pay more for quality work and this person came highly recommended.

The floor looked great and he even joked that the entire building may fall apart, but this floor wouldn’t.

A couple years go by and now a nail has come through the floor, thorny side up! 

We contacted this gentleman and informed him of the issue. He apologized and said he’d come by and fix it during the weekend.

He never showed nor answered calls.

I left voicemails and we texted briefly. Long story short, lots of promises, and no action. I literally felt he was doing everything he could to avoid the situation.

Two months of dodging me, I left a voicemail letting him know that if I don’t get a definitive time for the repair, I will file a complaint. He magically called a minute later and told me that it’s been years since the install and to not contact him again.

I’m surprisingly calm about the situation (unlike me), and am considering letting it go, however, I feel like he’d be getting away with being a crappy businessman.

I’m considering suing him, and would like your thoughts, because it has been a while since the installation, however, but for his negligence in leaving a nail behind, it wouldn’t have came up from the floor.

Thoughts appreciated.

[Scott M.]

Can you tell us how many years went by trouble free on this floor?  And the issue you are having X years down the road is 1 nail pop?  And for this you are considering suing him?  Do I have that right?

How many years of good service did everything go well until 1 nail pop showed up?