Impasse on artificial turf grows into legal conflict

A dispute over turf installation wound up in provincial court recently, following a disagreement over damaged sprinklers, the base under the turf, and a stopped cheque.

Warren Edwards hired Universe 786 Consulting Services Inc. to install artificial turf in the backyard of his Port Moody home. Edwards and the company’s director, Naveen Rai, eventually agreed on a quote for $11,000 and the work began that same day.

Edwards didn’t tell Rai there were sprinklers in the lawn. After some of the sprinklers were damaged, Rai agreed to repair them.

In addition to the turf, a deal was made for Rai to repair some walkway pavers for $1,500 cash.

However, less than one week after the job was substantially finished, Edwards put a hold on the final cheque.

Following a failed mediation attempt, Rai sent Edwards an invoice for $630 for his work on the sprinklers. Initially, he wasn’t going to charge Edwards for the repairs but after he wasn’t paid the second half of the agreed-on quote, he decided Edwards should pay the sprinkler invoice.

Rai asked the court to award him a total of $6,130.

Edwards asked the court for $7,156 to remedy deficiencies in the work, including adding more road base under the turf. Edwards argued four inches of base was required while Rai stated two inches was sufficient.

While “perhaps it would be preferable to have more road base installed,” Judge Kasandra Cronin dismissed that part of the claim, finding Edwards failed to prove more base was needed.

Cronin also found both parties breached their agreement.

Edwards breached the contract when he put a hold on the cheque and Rai breached the contract by not doing the job: “in a good workmanlike manner.”

While there were no deficiencies with the pavers, the judge called a long skinny patch of turf an “eyesore” that needed to be repaired.

Cronin awarded Edwards $1,500 to repair that section. The judge also dismissed Rai’s claim for the cost of the sprinkler repair.

However, Cronin concluded Rai was entitled to be paid for the turf work, minus deficiencies.

Edwards was ordered to pay Rai $4,000.