are faucets and diverters considered plumbing"FIXTURES" ?

katzaw · Aug 9, 2011

Contract states: "Basement bathroom fixtures will be supplied by homeowner"
Homeowner interprets that as the reuse of a toilet, sink, tub and cabinetry from a previous remodel.
Contractor interprets that to include all faucets, shower heads and diverters.
Who should pay for the faucets, tub spout, diverters and shower heads? Are these defined as "fixtures"?

Tom Sawyer · Aug 9, 2011

I consider " owner supplied fixtures" to include faucets, shower heads and such. Unless they are specifically mentioned in your contract you should plan on supplying them as well.

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hj · Aug 9, 2011

quote; Basement bathroom fixtures will be supplied by homeowner" Homeowner interprets that as the reuse of a toilet, sink, tub and cabinetry from a previous remodel.
Contractor interprets that to include all faucets, shower heads and diverters.

I cannot see any conflict. The homeowner is supplying the fixtures so if he wants to supply "used" fixtures, and that includes faucets and drain fittings, that is his priviledge. And the contractor correctly interpreting it to mean all the "brass" means that the homeowner will supply them. The homeowner buys them AND warranties them, except for labor/installaton issues.

katzaw · Aug 10, 2011

Definition of plumbing "fixtures" vs "fixture trim", "fixture fittings"

hj said:
quote; Basement bathroom fixtures will be supplied by homeowner" Homeowner interprets that as the reuse of a toilet, sink, tub and cabinetry from a previous remodel.
Contractor interprets that to include all faucets, shower heads and diverters.

I cannot see any conflict. The homeowner is supplying the fixtures so if he wants to supply "used" fixtures, and that includes faucets and drain fittings, that is his priviledge. And the contractor correctly interpreting it to mean all the "brass" means that the homeowner will supply them. The homeowner buys them AND warranties them, except for labor/installaton issues.

The issue is with the definition of, and who pays for, the faucets, divertor, tub spout and shower head.

The homeowner interpreted "fixtures" to be and supplied the tub, toilet, sink and cabinetry. The homeowner assumed that the contractor would pay for and supply their accesories or "trim. "

The contractor interprets the contract as the word "fixtures" to mean that the homeowner will also pay for and supply the new fixture trim and fittings.
NJ code 7.1 refers to these items seperately but doesn't seem to define them anywhere.

Thanks for you help

Tom Sawyer · Aug 10, 2011

was there a dollar amount associated with faucets and such or is the contractor expected to supply whatever the homeowner wants because If I got roped into this I would be supplying 4 dollar plastic Phoenix crap.

hj · Aug 10, 2011

IF the homeowner expected the contractor to supply the faucets and drain fittings, he would have to have given him a specification list, or the contractor would have given a specified dollar amount "allowance" for them. There is NO WAY anyone would sign an open ended agreement not knowing how much the homeowner's selections would cost.

katzaw · Aug 10, 2011

Thanks so much for your insight. Unfortunately the area remains gray and will have to be worked out. This was a new home construction project at over $500k. There was no dollar allowance for the faucets spelled out but Delta Leland with water sense certification was listed in the specifications. The misunderstanding remains because the contractor believes that only pertained to the two completely "new" baths on the main floor, where he supplied all the fixtures, faucets, diverters shower heads etc and not the basement/ family room bath where the homeowner was reusing a toilet, tub,and sink. The contract states: "basement bathroom fixtures will be supplied by the homeowner". The homeowner did not think that the faucets were "fixtures."

Tom Sawyer · Aug 10, 2011

I can guarantee that if that's what the contract says and it makes it to small claims court, the homeowner will be paying for faucets and such.

Geniescience · Aug 10, 2011

Affixed to the house, never removed, and sold with the house when sold = fixture.

You lose.

Terry · Aug 10, 2011

If the homeowner is supplying plumbing fixtures for the basement bath, then he better not forget the faucets.
A tub or lav without a faucet is rather useless.

http://en.wikipedia.org/wiki/Plumbing_fixture

Tapware - an industry term for that sub-category of plumbing fixtures consisting of tap valves, also called water taps (British English) or faucets (American English), and their accessories, such as water spouts and shower heads.

Tom Sawyer · Aug 10, 2011

well put.....

are faucets and diverters considered plumbing"FIXTURES" ?

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