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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96413
Experience:  Lawyer
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My husband owns a medium sized General Contracting company.

Customer Question

Hello.
My husband owns a medium sized General Contracting company. A few months ago, a woman called him wanting a quote over the phone for a bathroom renovation. She insisted he ballpark the quote without seeing the job. He told her $700, but that the price would depend on labour and materials and could be a few hundred dollars more. She decided to go ahead with the job anmd insisted it be completed IMMEDIATELY. We dropped everything for this woman to complete the job, and then invoiced her for $900 plus HST. She refused to pay because the final price was $200 dollars more. We tried to cooperate with her, but she ended up paying only $700 plus HST.
Months later, she emailed us claiming that our work was faulty. She claims that a pipe leaked, destroying her entire living room. She claimed that she had already called another company and the mistake had already been fixed, and was wanting us to give her a refund for our work. She had no pictures or other information, only her own here say.
We refused to give her any money. We think it is ludicrous for her to expect us to cut her a cheque for damaged that we apparently caused but she has no proof of. We told her that when she decided to refuse to pay the invoice, she voided any warrantlky that she would have had with us. We also told her that even had she paid the invoice in it's entirety, we would have returned to fix the mistake for ourselves. We cannot set a precedent of cutting cheques for alleged faulty plumbing that she has no proof of and has apparently already been fixed, beyond the scope of the original job to other areas of her house.
I believe this woman is trying to get an entire house remodel for free or next to it.
Today I received a letter from her insurance company. Their letter states that their investigation has indicated that we are responsible. They are wanting me to provide our insurance information so that they can claim this against us.
I tried to call the claim representative, but he was out of the office. I left a message for him to call me back.
I am wanting to know what I should say to him when I do speak with him. Any information or advice you may have would be very much appreciated.
Best Regards
Ali
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

You can say you deny liability and that you are happy to have a court decide.

You can say that in court you will show that she was unfair and dishonest from the start, never showed you the damage and never allowed you to mitigate your damages if indeed this was your fault. If you had been show that this was your fault you could have made all the necessary repairs so that you would not be liable for as much in the way of damages/

If they do serve you with a claim then you should immediately report this to your insurers.

I am sorry this happened to you.

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