As part of our Q&A series, we are sharing some of the consumer questions we get on our blog and our answers, including some key takeaways. Recently, we were asked what can be done if a contractor causes damage during a home renovation. Here’s what we had to say.
Q. I had a contractor doing some renovations and he blew one of the breakers by plugging the saw and compressor in one receptacle. Now the contractor is saying he is not responsible to get it fixed and that a homeowner is responsible to provide adequate power. What are your thoughts?
A. Hello and thank you for contacting us. The first step we would suggest is to talk to the contractor directly and attempt to reach a reasonable solution. Since the work has begun and you would be seeking compensation for the damage to the breaker, we aren’t able to assist you under the laws we oversee. If you are not able to resolve the issue with the contractor directly, the next step would be to take the issue to court. You can check out the online-based Civil Resolution Tribunal (CRT) if your loss is under $5,000. However, if your claim amount is greater than $5,000, then you may want to look into small claims court. Best of luck to you!
Key takeaway
Always try to work out the issue with the contractor/business directly. If the issue can’t be ironed out, you can use CRT’s Solution Explorer tool which asks simple questions about your dispute. It gives you free legal information and tools based on your answers.
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About Consumer Protection BC
We are responsible for regulating specific industries and certain consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If weâŻcanâtâŻhelp you directly, we will be happy to provideâŻyou with as much informationâŻasâŻpossible. Depending on your concern, another organization may be the ones to speak to; other times, court or legal assistance may be the best option. Explore our website atâŻwww.consumerprotectionbc.ca.
Can you be of any help if you hired a company to install an above ground pool and it ended up puncturing a hole in the liner causing the water etc to spill into my yard and my neighbours. They had installed the pool on sand and gravel and the gravel caused the break. They tried to fix it but they didnât level the ground under the pool and when we installed the pool again on top of the sand they graded it turned out not to be level when we started to fill the pool with water….2â on one side and 7â on the other. They have suggested they will loan us their rake so we can do it ourselves. What are our options?
Hi Patricia, thank you for contacting us. Since the work has been completed, it is a quality of work issue. In cases like this, you can utilize the CRT (Civil Resolution Tribunal) or Small Claims Court, depending on the damage amount (CRT for less than $5000 and Small Claims Court for more than $5000). The links to both CRT and Small Claims Court are included in the post above. If you have any other questions, please let us know.
Everything is very open with a clear clarification of the issues. It was definitely informative. Your site is very helpful. Thank you for sharing!
You’re very welcome!
You obviously were mistaken
Hello, let me know if you have a question.
I had my pool liner replaced in 2019. The company that I hired didn’t complete the job. There are issues with wrinkles in the bottom of the pool and ballooning around the top of the pool between the water level and the top of the edge of the pool.
I have asked this company several times to come back and fix it. He , the owner of the company would nĂł show on the time agree upon. Then tell me he is very busy.
He came and took pictures last may of my pool issues and started He was going to put in a claim for warranty. Never heard back. Last fall He sent a guy with a wet suit to my house to check and fix the wrinkles in the deep end of my pool. As He look and then looked as his coworker. He started He could not remove the wrinkles, so they left.
Lest week I received a call from a collection company. He has turned my file over to collection. He has not completed the job on the pool.
I called the liner company and confirmed with them that he never fixed a claim for my liner.
I sent a letter with a copy of my warranty of my liner staying that he is responsable for the first 5 years of the liner warranty. I received an email today stating that the leter was received and the liner has now been approved for warranty, but he is now threatening me to put a lean on my home. Please can you help me? I can send copies of his and my letter and my warranty.
Hi Laureen, thank you for contacting us. There are several things going on with your situation and sounds complicated but I will start with what we can help you with. Regarding the debt collector calls, you can dispute the debt or request details of the debt (you would send these forms to the debt collection agency). We have forms for that on our website here. In terms of the warranty, unfortunately, there are no organizations that oversee it so you will have to work directly with the liner company. It may be helpful to have a lawyer so you can navigate the conversation better with them. Access Pro Bono has a Lawyer Referral Program and you can be connected to an expert lawyer who will provide up to a half-hour of free legal consultation. Here is their website. I hope you will be able to resolve the issue quickly.
Hi, a contractor did a repair job on my house is demanding me to pay him over and above the cost that we agreed in the contract. I refused but he is threatening with debt collectors if I did not pay him what he wanted. What should I do?
Hi James, thanks for your question. We canât help with contractual dispute. So, I you canât come to a resolution with the contractor, you can resolve disputes up to $5,000 with the Civil Resolution Tribunal here: https://civilresolutionbc.ca/ Disputes between $5,000 and $35,000 need to be resolved in Small Claims Court : https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims. Hope this helps!
Hi
I hired a contractor to build a roof over a single-wide mobile home. We were not present when the work was being completed. The work was completed last fall. Over the winter serious inadequacies were noted such as inadequate beams for the span. Inadequate rafter spacing etc. Under snow load the stricture began to fail. The contractor agreed to fix the issue in the spring but has not done so and made several dates to complete the remodel work (which is very significant) but has not shown up and is now not responding to my texts. Is there anything I can do?
Hi Adrienne, thanks for your question. You may want to speak to a lawyer to find out what your options are. Access Pro Bono can give you a free 15-minute consultation with a lawyer. While we oversee specific laws in the province, we canât help with contractual disputes. You may also be interested in filing a claim with the Civil Resolution Tribunal for up to $5000 or go to Small Claims Court for claims between $5000 and $35000. I hope this helps!
We had a business do a Reno project. Near the end of the project there was a design flaw that I asked to be fixed. The contractor agreed and the remaining amt was not going to be paid until the job was done. The contractor was fine with that. They discussed the replacement piece over a few emails, made arrangements to come back and fix it and eventually forgot. Now, 2 years later, the contractor emailed, apologizing, and asking to complete the job and get the remaining amt for the work, in cash, because accounting.
What are their rights? What are ours?
Hi Adam, thanks for the question. Like the blog post suggests, any issues that come up between a consumer and a contractor once work has already begun would need to be resolved through the courts. So, if you’re asking about what rights you have with respect to the unfinished work, that would be something that would need to be taken to either the Civil Resolution Tribunal or Small Claims Court, assuming you can’t work something out with the business directly. I imagine this wasn’t the answer you were looking for but I hope it helps.