A BC contractor who had an unpaid invoice for home renovation work took his matter to the Civil Resolution Tribunal to get his money.
Michael Ferguson, the applicant in the case and the BC contractor in question, told the tribunal that an invoice of $4,257.15 went unpaid.
In response, his client, Harvey Hyland, said that Ferguson didn’t actually finish the work and that the work he completed “was deficient.”
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Ferguson was hired to do several tasks, including removing fixtures, flooring, and drywall, installing new sealants and trim, painting, and installing a satellite dish, among other renovations he agreed to.
According to the decision posted publicly, Ferguson provided a quote of $7,507.50 and needed a deposit of $4,504.50. The tribunal decision shows that Hyland paid $4,500.
The tribunal states, “Generally, a contractor is entitled to full payment when the work they have been hired for is substantially complete.”
According to Hyland, a few things were missing, despite Ferguson saying the project was complete. Hyland told the tribunal that the toilet, sink, shower, and fan weren’t installed, the door and trim weren’t painted, the satellite wasn’t installed, the internet wasn’t set up, and the shower leaked.
Ferguson said that he offered to complete the parts of the home that needed to be finished, but Hyland refused.
The tribunal said, “As Mr. Hyland fired Mr. Ferguson, he made it impossible for Mr. Ferguson to complete any outstanding issues.”
To make things fair for both parties, the tribunal decided that Ferguson was entitled to the payment of his invoice minus the amount of work in the quote that wasn’t completed.
“I find that this amount is equal to the difference between the quote and the final invoice, or $1,249.65. I also deduct $500 for Mr. Hyland removing the subfloor,” the tribunal said.
Hyland suggested that Ferguson’s work was deficient. However, he could not make a case to prove that to the tribunal.
Ultimately, the BC tribunal awarded Ferguson $2,730.84, which included $2,507.50 for unpaid work and the rest in tribunal fees.
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