Debra I recently installed a new bathroom in our house.

Question

Debra

I recently installed a new bathroom in our house. We have marble on the shower
walls and glass doors. We had just completed the renovations and had not used
the shower. We had told our cleaner that on all the marble that she was only to
use water to clean.
She, however, used CLR (calcium, lime and rust) remover that caused very
noticable straks in the marble. It had not been sealed yet.
She left the streaks and went home.
When we found it, we called and told her about the stains. She came the next day
and tried to fix which only made the situation worse.
We phoned and told her that we would try to repair otherwise we would have to
replace. Our contarctor went to the tile supplier and tried workin g to fix the
issue without success. The tile supplier told him that the tilers would have to
be removed and replaced. We did so, at a cost of $1,700. We have all the
invoices.

WE have a voicemail and an e-mail from our cleaner saying it was her fault but
she would only be willing to pay $250 for damages.

What legal recourse do we have? Can we sue in small claims court. She claims
that she does not have insurance and when I pressed her for her HST number and
our key back, she has not responed to our request.
Your answer would be helpful

Thanks and regards, XXXXX

Debra · Accepted Answer

Debra Thal (username) :

Thanks for requesting me.

Debra Thal (username) :

I am about to run out to a meeting but should be back in close to an hour I
hope.

Debra Thal (username) :

I will reply again when I return.

Debra Thal (username) :

For now can you let me know if the cleaner is just a private cleaning person
whom you pay directly and who has other houses she cleans as well.

Debra Thal (username) :

Or, is this a cleaning service?

Debra Thal (username) :

I am not sure as you mentioned her HST number.

Customer:

Yes,

Debra Thal (username) :

Oh.

Debra Thal (username) :

If you are here I can quickly answer now.

Debra Thal (username) :

So this is a regular cleaning woman who comes to you and also cleans other
homes?

Customer:

yes, she is a private cleaning person that I pay directly by cheque paid to cash

Debra Thal (username) :

Then there is no HST number and there is no insurance for sure.

And as she is not your employee she is liable for the liable for the damages.

Debra Thal (username) :

Oops - typing too fast.

Debra Thal (username) :

She is liable to you for the damages.

Debra Thal (username) :

She did exactly what you told her not to do.

Debra Thal (username) :

Had you not told her anything then it may be she could have argued she should
have.

Customer:

I know that you are heading to a meeting but can I send to you, the letter that
she sent us?

Debra Thal (username) :

OK

Debra Thal (username) :

I will leave now too but will read it as soon as I get back.

Debra Thal (username) :

Is that OK?

Customer:

Do I just copy it in from th e-mail file?

Debra Thal (username) :

I think so.

Customer:

Great, talk with you later, thanks

Debra Thal (username) :

OK

Customer:

Here is the e-mail, there are a number of things that are wrong but I have also
included my response after this e-mailSteve,

The last time we spoke was you telling me not to come, and that you would be in
touch.
Since I did not hear from you, I assumed you were no longer in need of my
services.
I have only seen Karen 2-3 times since commencing work at your home, all before
the marble was installed, and she left me one message after I began a repair
procedure. All cleaning related correspondence was done through you. You had
told me that you would be getting a special cleaner for the marble floor, which
never transpired.

When I started cleaning for you, approximately a year ago, you had informed me
that you were having a few renovations done on your home, and would be finished
in a couple of weeks. The entire time I have been with you has been a series of
non-stop renovations, and I believe you have taken advantage of domestic
cleaning charges for industrial cleaning.

The day the shower wall got damaged, you instructed me to clean the new
bathroom, and then left. The marble tile already had some etching marks on it as
well as left over, adhesive or grout, or both. While trying to remove these and
since I had not been supplied with the specialty products, you would have me
use, I commenced to do the best I could with the regular basic supplies I had.

When you had informed me, on my voice mail, that there was a problem with marks
on the tile, you said you would be out of town and that I should come in, have a
look and see if I would be able to repair the damage while you were away. After
assessing the damage, I did notice some etching lines, likely from the cleaner I
had used, that were on the surface and was convinced that this was repairable. I
went to Desert Tile Canada, who instructed me on the use of a 2 step process
(not with the use of acid)that may repair the etching. I applied the product and
left it overnight to process for buffing the next day. That evening Karen left
me a message stating that it looked worse and that you would be getting a
professional in. I returned the call several times, and explained that the
procedure was not finished, with no response.

You called me the evening before my next scheduled cleaning, and said you
wouldn't be needing me to come that day, as you were still away, and that you
would be in touch. This letter is the first response I have received from you
since that day.

For that reason I am disputing your assessment of monies I owe.
Since I purchased repair material and I did not have the opportunity to complete
the repair I do not feel I am responsible for the removal and the
re-installation of your entire shower.
I am only willing to reimburse you for the approximate amount of time it would
have taken me to complete the repair I started.
I believe 10hrs above what I have already done, is more then generous 10 @ $25 =
$250
You were well aware at the time of hiring me that I was not insured and
therefore any damages caused by me would come out of my pocket.
The terms I can afford are $50/mth for 5mths. and I will have your keys returned
as well.

Regards,

Susanne ............Here is my response..................... Suzanne,

Thank you for your response.

I will not take the time to refute the obvious inconsistencies in your email but
rather respond by stating that we will be forwarding this information, photos,
invoices, including our contractor's statement to our legal representative to
determine the next course of action in order to mitigate the costs incurred.

Please arrange a time and a place so that we can retrieve our key. As well, we
have being paying bi-weekly payments of $125.00 by cheque which would have
included GST/HST, depending on the time frame. Please provide your GST/HST
company number as we have yet to receive this from you and will require for our
records.

Regards,

XXXXX XXXXXvesey

Customer:

Also, I have pictures of the damages and sequential pictures of the tiles,
glass, and membrane being removed and then repaired as well as a statement from
the contractors, if necessary.

Debra Thal (username) :

She is going to deny that you told her to use water only.

Debra Thal (username) :

Her other points are not relevant.

Debra Thal (username) :

I am not sure your HST point is either.

Debra Thal (username) :

She doesn't have to charge HST unless she earns over $30,000 a year.

Debra Thal (username) :

It sounds like she tried her best to repair the damage and took responsible
steps but I assume your experts would know if that method she was advised to use
would work or not.

Debra Thal (username) :

So it will come down to whether or not the Court will believe you told her to
use water only.

Debra Thal (username) :

She will say you didn't tell her what to do so she used what was available
because of the adhesive and grout which she felt she had to get rid of I assume.

Debra Thal (username) :

It may come down to a question of credibility unfortunately.

Customer:

I have contractor statements and pictures of the damage showing no grout or
adhesive.

Customer:

Do you suggest that I pursue this in small claims court?

Debra Thal (username) :

If you think the Court will believe you then it's worth it.

Debra Thal (username) :

She caused you unnecessary damage but not following your instructions.

Debra Thal (username) :

I assume she thought she knew better.

Debra Thal (username) :

She should have told you that she could not remove the adhesive of course.

Debra Thal (username) :

So it's clearly her fault.

Customer:

I think that I will pursue in small claims court since I have a voice mail
stating that she would pay and that it was indeed her fault.

Customer:

Can I bring the voice-mail recording to small claims court?

Debra Thal (username) :

Yes you can.

Debra Thal (username) :

She was happy to pay before she found out how much it will cost.

Debra Thal (username) :

Then it became your fault!

Customer:

Thanks for your help

Customer:

Have a nice day

Debra I recently installed a new bathroom in our house.

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