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    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      JustRenos of JustWork hired to do interior renos. They are now claiming the renos have been completed AND are asking for 30% more than they quoted. The work has not been completed as requested. A list of deficiencies (and damage) has been provided which are not being addressed and they are seeking payment. I want the deficiencies address before any addition payment (40% deposit was provided). The renovations included: Painting walls & ceiling of living/dining room Painting ceilings of kitchen Baseboard installation & painting in living/dining room & kitchen Trim installation & painting around doors & windows (including bay window) of living/dining room & kitchen. Crown installation & paint in living/dining room The deficiencies are: The trim around bay window has not been done as discussed (mitered & joining) The routered trim (doors, windows) has not received enough coats of paint (plus all trim is incorrect color) The baseboards were not painted correct color The damage is: Puncture holes to cinder block retaining wall (as part of tarp set-up for dry workspace).

      Business response

      17/12/2021

      Dear ********

      We completed the job for the client and received email feedback from the client that she was happy with the craftmanship, but unhappy with the ultimate cost of the job. There are a number of reasons why the job was ultimately higher than we originally estimated (explained in further detail below) and the work was performed under a cost-plus contract. Prior to the start of the job we provided the client with the option to sign a fixed-price contract if she wanted. and she chose a cost-plus contract. The place was an old house with walls that were more uneven that we originally estimated and the work took longer than we expected. During the job we also had unprecedented multiple atmospheric river storm events that required additional effort on our part to re-setup our equipment to keep the tarp structure workspace outside dry. 

      While the job was proceeding, we communicated to the client that the job was trending over the original estimate and even shared access to our detailed job cost tracker. The client did not at any point during the job request that we reduce the scope or ask us to explore other reasonable measures to lower the costs. The client did not claim any deficiencies in the work until after we had finished the job and demobilized from the job site. We could have easily addressed reasonable deficiencies before departing the site and we are unsure why the client did not raise her concerns about deficiencies earlier. 

      We made several good faith measures to address the client’s concerns about the cost of the job, notwithstanding the fact that we had no contractual obligation to do so. We did not charge for the additional hours required to reconstruct the tarp structure outdoor workspace after it was damaged in the atmospheric river rain event. We also reduced some of the labour billing. Collectively, we took off approximately 25% of the actual billable amount under the contract terms before invoicing. In addition to this, the client asked us to stop work for a partial week in the middle of a project because she wanted a break and we bore that cost to further accommodate her.

      Despite our making these significant reductions to our bill, the client insisted she would not pay more than the original estimate plus an arbitrary 15% allowance that she deemed reasonable, but has no bearing on the contract. The client also suggested that she make a donation as partial payment, which we declined unequivocally since this would violate federal tax law (note we operate JustRenos as a social enterprise, under the umbrella of a registered charity).

      She then sent a list of deficiency images and some of which we agreed to fix (i.e. touch up paint via the photo she provided and damage to the cinder block retaining wall). The bay window finish item she raised is something that was never discussed before or during the project but has only come up afterwards and so we had not agreed to fix it as a deficiency. 

      The paint color we chose was made through a color match and then verbal approval by her. The issue of the incorrect paint color was only raised after we left and she initially told us we could not come by to verify any of the deficiencies she emailed us about but instead told us we “should have seen them all along while on site”. Without us having the ability to see the deficiencies in question upfront we were not willing to agree to them as deficiencies nor as a result come back to paint items again as she requested.

      When we asked to come back and do another walkthrough to view the items she mentioned via email she initially told us that we “need to figure out all of the issues without another visit”. She later told us we had exactly 8 hours to complete all of the deficiencies she named via email but without the ability for us to verify in a walkthrough.

      We did subsequently request that 90% of the remaining bill be paid before we address further deficiencies since we have completed the work and the client doesn’t have a reasonable basis for withholding the entire invoiced amount when there are only minor deficiencies to be addressed. Furthermore, the contract states that progress billing can be made and that we reserve the right to stop work if there is a failure to pay.

      As of this morning we have completed a walkthrough to view the deficiencies she named but we were forbidden to take any pictures of the deficiencies in question as a record of the items she mentioned. The issue of the wrong paint colour turned out to be that she didn’t feel there was an adequate amount of paint covering the prime coat and therefore resulted in the wrong color. Again, we are unable to provide photos to show the issue at hand as we were forbidden from doing so.  After our meeting onsite to review the deficiencies this morning we proposed a time to come back and address the deficiencies once the progress payment of 90% of the bill is received.

      Please let me know If you require further information on any of the above items mentioned.

      Regards,

      Russell

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