
More than three years after repairing a leaky roof, a Coquitlam company will receive compensation plus interest for its work, according to a recent Civil Resolution Tribunal ruling.
In May 2022, Phoenix Restorations Ltd. Undertook emergency repairs to the roof of a strata property owned by Alison Buchanan.
After this initial work, a company representative told Buchanan that a proper repair would cost $3,119 and would need to be approved by the person who would be paying for it.
Buchanan sent an email to Boston Construction Corp. explaining the situation.
In June, Boston's project manager emailed Buchanan and copied Phoenix.
“In the email, Boston authorized Phoenix to proceed with the repairs and recommended that it send the invoice directly to Boston’s project manager,” the tribunal’s decision said.
Phoenix completed the job and sent out an invoice in July.
While there were no complaints about the work, there were arguments about who should pay.
Buchanan claimed Boston owed Phoenix. However, Boston held that the developer of the strata property owed the money.
The developer was not involved in the dispute.
Boston “has presented no evidence to support this argument,” concluded tribunal co-chair Andrea Ritchie.
After accepting Phoenix's offer, Boston violated a binding contract.
“Phoenix performed the repair work and Boston agreed to pay,” Ritchie wrote.
In addition to the initial costs, Boston was ordered to pay $421 in interest and reimburse Phoenix $175 in court fees. The company was ordered to pay Phoenix a total of $3,715.
Because the matter was civil, Phoenix had to prove its claims on a balance of probabilities.