I will not say who is to blame, but I would think that the glue bond could be easily broken enough for the dw to come out. It could also be a problem with all the flooring buildup too. I would be careful about your too quick to file suit and find out how to loosen the counter top and remedy your problem. I think that if you approached the counter top installer and explained the situation that he/she would be eager to assist you, but not if a law suit is hanging over him/her.