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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101379
Experience:  Lawyer
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After the contractor rebuilt the chimney, the flue area had

Customer Question

After the contractor rebuilt the chimney, the flue area had been undersized to 6.5”x6.5”= 42.25 square inches which has caused to increase the turbulence at the narrowed area of the air flue and built a positive pressure which increase the eddy formation at the fireplace opening and caused the smoke to flow downward inside the house instead of upward through the chimney and to outside.” The contractor choose to put in a much smaller flue 8”x8” [OUTSIDE] than what is stated in the Ontario building code and is also smaller than what the original size chimney flue was. Experts agree that a larger than current flue size must be installed as a solution - the bot***** *****ne is the chimney has to be rebuilt to the right size. The Home Service Club of Canada with whom we have the contract are not responding. We are at the end of our patience and are considering legal action. Please help!
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Are you asking for legal information at this point?

If so how much did you pay for the work and how much more will it cost to do the repairs?

Customer: replied 2 years ago.
Im new to your service so not sure what to expect for the $ I paid. I'd like to learn something I don't already know - ie that I can proceed to small claims court to look for resolution. I Paid $ 5700 to tear down a loose brick old chimney that worked fine but we had a risk of a brick falling down. I received a new well build chimney that is too small and the smoke does not rise properly. I want my chimney to be the right size, which is what it was before so I don't have smoke coming into my house. We hired experts in construction and engineering who agree the new chimney is too small yet the contractor does not want to fix it properly. The cost to rebuild the chimney is now $ 12,000 because the new bricks are much harder to take down than the loose old ones were. I hope this helps. If you can't provide specific actions I understand and we'll move on with local legal support. Sincerely, Lucia
Expert:  Debra replied 2 years ago.

I can most assuredly explain what must be done from a legal point of view.

What you would do is send the contractor a letter by Registered Mail. In the letter set out the facts and tell the contractor that you require him to either take down the chimney and to the work for free or else compensate you to the tune of $12,000 and you will then hire someone else to do the work. And you provide a deadline for compliance.

Then if that doesn't work you would sue the contractor in Small Claims Court and would self-represent. If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

Customer: replied 2 years ago.
Thank you. The letter was sent and we are poised for court. I was hoping to learn something new/different from our correspondence but I guess there this is it. Regards, Lucia
Expert:  Debra replied 2 years ago.

What more do you want to know?

I can help with all the legal information you will need.