Flooring dispute grounds to halt with $400 judgment

A Port Coquitlam flooring company is entitled to be paid what they’re owed – but not as much as they asked for.

A pair of dissatisfied customers were recently ordered to pay $404 to Inner-City Flooring Sales & Installation – about $1,100 less than the invoice, following a recent Civil Resolution Tribunal decision.

In November 2022, David and Jen Bacic hired the company to install vinyl plank flooring and stairs in their home. They eventually paid Inner City $13,523.

However, when the last invoice arrived, the Bacics refused to pay the $1,465 charge, citing deficient work. The pair also accused the company of failing to fix three critical deficiencies despite being given the opportunity.

The problems included flooring that was placed over the crawlspace hatch leading to the emergency water shut-off as well as the HVAC unit, making the passage inaccessible.

The other deficiencies related to staircase nosings – a piece of flooring at the top or bottom of a staircase designed to make the last step a little safer.

The Bacics contended two stair nosing weren’t straight and showed gaps.

“The Bacics say they do not owe Inner City anything more,” wrote Civil Resolution Tribunal member Megan Stewart.

A dissatisfied customer can bring a claim for damages concerning shoddy work. “However, the customer must still pay the contractor’s invoice subject to any deduction for deficient work,” Stewart noted.

While expert evidence is generally required to judge whether a professional’s work reaches a reasonably competent standard, Stewart concluded expert evidence was not required in this case.

Covering the crawlspace is an “obvious deficiency,” Stewart wrote.

Stewart also wrote that Inner City’s prior offer to fix the deficiencies was “compelling evidence.’

The company sent an installer to the Bacics’ home on Jan. 6, 2023, a little more than three weeks after work was substantially complete. The installer tried to fix the nosings by nailing down the flooring.

However, the flooring was not to be nailed down, according to both the installation instructions and the manufacturer’s warranty.

David Bacic went to Inner City’s store to “discuss his concerns.”

The conversation escalated and the company’s CEO John Patrick Biddlecombe eventually called the police, according to the CRT judgment.

“Based on the flooring installation instructions and the manufacturer’s warranty, which I find the installer would or should have known about, I find it obvious that the installer’s approach to remedying the stair nosings by nailing down the flooring was incorrect,” Stewart wrote.

Stewart ultimately decided the Bacics were entitled to be reimbursed $500 for the stair nosings and another $325 to restore access to the crawlspace.

Following those deductions, the Bacics are obligated to pay Inner City $403.95. That figure includes pre-trial interest as well as $62.50 in CRT fees.

The case was decided through written submissions to the tribunal.