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i installed tile in a facility mens steamroom, after completion…

Customer Question
i installed tile in a...
i installed tile in a facility mens steamroom, after completion they refused to pay for the job saying it didnt pass inspection, but yet continued to use the steam room for a number of months. How many months should pass before it is considered acceptable if they are using the steamroom? The job was performed in Edmonton alberta
Submitted: 8 years ago.Category: Canada Law
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Answered in 2 minutes by:
6/26/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,076
Experience: Lawyer
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debra thal :

Did they pay you anything?

When did they say it did not pass inspection?

Did they give you an opportunity to repair what was not acceptable?

When did you substantially complete the work?

Are they saying they won't pay anything at all?

Customer:

they never paid a cent to me, they said it didnt pass inspection when project was 95% complete, they never gave any opportunity for repairs, and they will not pay.

Customer:

i believe that if something that was deemed unpassable, but yet used for a period of time, it should be considered usable, this project started august of 2009, and was now recentely retiled

debra thal :

Are you saying you did the job last summer and then they used it during the year and now, about 9 or so month's later they just retiled?

How much do they owe you?

Why did you let it go this long?

What province is this?

Did you register a lien?

Customer:

yes thats right they were using it till recently then did reconstruction recently, i am asking for $4700 for my work, i have been trying to reach the company for awhile, to arrange a meeting to disscuss this, and finally had to start a civil lawsuit against them. I had my first meeting today, and it seems the original contractor was the one who said the tile work was unacceptable, and never paid anyone, but yet it seems like it was good enough to use for 9 months before retiling the steamroom, i have not put a lien, because it is hard to set a lien against a college facility in Edmonton, Alberta, and thought that if something is being used for a period of time, after it has not passed inspection, is acceptable

debra thal :

So, have you sued them in Small Claims Court then?

Was the meeting an informal settlement conference? Or was it a pre-trial conference and what happened?

Customer:

it was a pre trial conference, and i am suing the company that sub- contracted me

debra thal :

What happened and what did the Judge say?

Customer:

that we will have to go to trial now,

Customer:

the person i am suing is claiming he never got paid for the job, and that he was back charged by the original contractor

debra thal :

Did the Judge think you had a good case?

Customer:

hmmm, its hard to say, i have to gather more evidence, and figure out if it is worth continuing, thats whyi am asking if the tile job i did, was still used after deemed not passable, am i entiled to recieve pay for this

debra thal :

There's no rule about this. The Court would need to hear from both sides and figure out what happened.

If they did have to redo the tiles it's hard to see why they would do that if they job was OK.

On the other hand they should have given you an opportunity to review their concerns and see if you could have addressed them.

They will have to prove that your work was of no value. They will have to show evidence from a professional that they work was not acceptable, at all, and had to be completely redone. They will also have to show that they paid for a full new job and not just part of it.

And you've made a good point. They had months of use from it.

I cannot really know what your chances. If one of you had a particularly strong case the Judge would have said.

If you can settle for some amount you could live with it's likely best to do that. I assume, though, that no offer was made that was OK.

Customer:

right, so thats why i need to know what is classified as acceptable, because the it seems like any one who is contracted out to do a job, can get screwed even if the job is good, and the people are not happy

Customer:

and what is weird is that they still used the steamroom for a long time before reconstructing it

Customer:

no offer was made

Customer:

basically i was getting counter sued for 22000, when they got served, and if i would pull my claim out, they would withdraw theirs

debra thal :

But, there's no real classification or rule. It always just depends on the facts.

What you have going for you is that they used the steamroom for so long.

But, if they used it because it was usuable but not up to the standards that they feel is acceptable then if they can prove you work was sub-standard and show that they could not live with it and had it completely redone (as opposed to corrected) then it will be your word against theirs really.

debra thal :

Oh. If you think they have a chance of winning the $22K then given you aren't guaranteed to win your claim then you may want to think about dropping your claim.

If I were you I would take all the documents, and any evidence you have, and sit down, face to face, with a lawyer and have the lawyer hear all the details and give you an opinion.'

Customer:

ok, so what would be the best approach for me then, because it seems like i can contract anyone to do my work, and say their work is not up to my standard ,and pay them, and still use the work they did before i can write it off as a a loss and get someone else to do it, and make minor fixes

debra thal :

It really depends on the facts.

debra thal :

If they just made minor fixes then they would owe you what you charged minus what they paid for the minor fixes.

Customer:

hmmm, and can you advise me where i can find an attourney in Edmonton that will specialize on this

Customer:

and they are saying they completely redone the steamroom 9 months later, if a job is not passable, then why would they even use it then

debra thal :

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

You should see a commercial litigation lawyer.

It could be that they didn't know if they should go ahead and fix it because of the outstanding bill and so waited a while. I don't think they could argue that it wasn't usable. But they can argue that it wasn't good enough.

If they redid the whole thing it's hard to see why they would if they didn't feel they had to. If they must made repairs then they clearly owe you something.

Customer:

ok i will try this then, because this whole thing seems kind of shady with how people can say its not to their standards an not pay anything if they are going to use the work and then almost a year later redo the work, because it gives them an opportunity to make changes, and not even offer me a chance to even rectify the work if their was a problem

debra thal :

I think you are right.

So, see a lawyer this coming week if you can.

And, you are welcome to post back after you do to let me know what the lawyer says if you want to discuss that with me.

Customer:

ok will do, thank you

debra thal :

You are welcome.

Good luck.

Customer:

thank you

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