Can anyone sanity check these additional waterproofing line items? Are they distinct from curbless shower waterproofing?
TLDR: Apologies in advance if this is the wrong subreddit! I'm in the middle of a small bathroom remodel in NYC and could use a sanity check from you fine folk around an additive charge for waterproofing in a post-demo change order when there was previously language for it in the original scope.
Context: We originally signed a scope for a shower-to-curbless-shower change order. The original scope text for the Curbless Shower order is: > ### Shower to Curbless Shower:
- Build floor foundation in order to accommodate curbless shower.
- Build proper waterproof lead/vinyl base foundation on entire bathroom floor perimeter in order to accommodate new curbless shower stall design.
- Complete leveling of existing foundation to accommodate new curbless shower.
- Patch and repair where needed.
> ##### Costs > - Construction & Labor: $ 3,475.00 > - Plumbing: $ 1,465.00 > - Building Materials: $ 1,785.
Unfortunate after demo, complications arose immediately. The biggest one was that we found rust/mold on the existing framing behind the tiled shower wall (the building is new construction so that's a whole other thing to deal with), so that wall needs to be fully rebuilt. There were also complications with our planned wall-hung toilet because an air duct for the floor below runs behind that wall, plus some other floor/subfloor issues, etc.
Basically now the contractor is proposing a large post-demo change order, and one of the items is a separate waterproofing charge with the following text:
> ### Waterproofing Bathroom Floor:
- Complete preparation of Bathroom floor to secure moisture.
- Supply and install Laticrete 9235 Liquid Waterproofing Membrane System throughout the bathroom landing 6” upturn at all walls
> ##### Costs: > - Construction & Labor: $ 3,875.00 > - Building Materials: $ 875.00
> ### Waterproofing Bathroom Shower Walls:
- Complete preparation of shower walls to the ceiling to secure moisture.
- Supply and spread Laticrete 9235 Liquid Waterproofing Membrane System throughout the shower walls up to the ceiling as per building request.
> ##### Costs: > - Construction & Labor: $ 5,750.00 > - Building Materials: $ 2,355.00
When I asked why the floor waterproofing wasn't already covered by the curbless shower change order, they replied that the two items are separate:
> For waterproofing, I understand the confusion regarding the curbless shower change order versus the bathroom floor and wall waterproofing change order. These are two separate scope items performed at different stages of construction.
> The first step occurs after the subfloor has been prepared/poured. At this stage, a liquid waterproofing membrane is applied throughout the bathroom floor area, including a 6-inch upturn at all wall perimeters, creating a continuous waterproof barrier designed to protect against moisture intrusion beneath the finished tile surface.
> The second step involves the structural modification required for the curbless shower installation. Because a curbless shower requires the shower floor to be recessed and properly sloped for drainage without a raised curb, additional floor preparation and foundation work are necessary. During this phase, a lead or vinyl shower pan liner is also installed beneath the tile assembly as an added layer of protection against water penetration and leaks.
> This combination of full-floor waterproofing and localized shower pan protection is commonly used in curbless shower installations, where water exposure extends beyond the traditional shower boundary.
I understand the general logic that a liquid membrane and a lead/vinyl pan liner are different systems installed at different stages, that's not surprising. I also understand that waterproofing the shower walls to the ceiling is probably distinct What I am less clear on is the bathroom floor. Since the signed curbless change order specifically said "waterproof lead/vinyl base foundation on entire bathroom floor perimeter," it feels like there is at least some overlap with the new full-floor waterproofing charge, even if the Laticrete liquid membrane is technically a different system.
So essentially my questions are:
- Does the contractor's distinction make sense here?
- Is it normal to price the curbless pan/foundation waterproofing and full-floor liquid membrane waterproofing as fully separate items?
- Given the original wording, should the new floor waterproofing be treated as an entirely new charge, or more like an upgrade/expansion from already-included waterproofing with some kind of credit or offset?
I'm trying to figure out whether this is a real/necessary scope distinction, shady contract wording, or actually just stacking new charges in the post-demo scope on top of work that was already paid for.