A brand new homeowner took matters into her own hands when she decided to sue a paint company for what she calls “substandard” work it did at her home.
A BC Civil Resolution Tribunal decision outlines what took place between Sara Van Steinburg and Fresh Coast Painting, a painting company based out of Victoria on Vancouver Island.
In this case, Steinburg alleged that the company damaged the carpets on all three levels of the home, forcing her to pay an arm and a leg to replace them for $13,839. Steinburg claims that, for the carpet damage and hiring painters to redo the work, she is entitled to $29,442.22.
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Fresh gave Steinburg a contract on July 8, 2022. Steinburg received a quote of $14,437.50, which included GST.
On July 20, Steinburg paid a 20% deposit, totalling $2,887.50. On July 27, Steinburg officially took possession of her new home, and the next day, Fresh told Steinburg that Benjamin Moore had raised its prices and that the whole project would increase by $150, which the Tribunal suggested Steinburg accepted.
Initially, the tribunal decision states undisputedly that Fresh initially subcontracted the entire job to another painter or company. That company was supposed to start painting on August 17, 2022, but failed to show up and eventually declined the job. On August 19, Fresh sent two painters and more the week after.
On August 25, Steinburg went to the house after the painters left to prepare her carpets for carpet cleaning. She discovered numerous paint stains, drips, and smudges on the carpet throughout the home.
Both sides agreed to pause the work “for reasons that are not important” to the tribunal case.
The painting wasn’t complete until November 9, when Fresh claimed the job was done. The final quote on November 18 was $18,402.50, several thousand more than the original quote, and Fresh suggests it’s because Steinburg made changes to the contract that added to the price.
Steinburg had paid $10,887.50 throughout the work, which left a balance of $7,515. She claimed $13,839 to replace her carpet.
The tribunal agreed that Fresh damaged Steinburg’s carpet, but due to the small claims monetary limit, the paint company was ordered to pay the homeowner $5,000 for damages and an additional $310.81 in fees.