Christina Rae Mayson’s deck squeaks when stepped on.
Obviously, the homeowner is not happy with the contractor, JDR Floor Covering Ltd.
The two parties agreed on a price of $3,408.26 for the vinyl deck.
Mayson made an initial payment of $1,700, but doesn’t want to pay the balance because she believes that the deck is defective.
JDR Flooring agrees that squeaking can be heard when someone walks on the deck, but maintains that the structure was installed correctly.
The flooring company filed a claim for the $1,708.26 balance with the B.C. Civil Resolution Tribunal.
Tribunal member David Jiang decided that JDR Flooring is not entitled to the full amount.
In his reasons for decision, Jiang concluded that compay “breached the standards expected of a deck installer”.
“I find the evidence supports the conclusion that the applicant’s outstanding invoice should be reduced to account for the deck’s noises and shortened lifespan,” Jiang wrote.
According to Jiang, Mayson will have a “usable deck for a shortened number of years”.
“The deck will be noisy for some or all of that time, which I find would lessen its appeal,” Jiang stated.
Jiang wrote that with the installation of the deck, JDR Flooring “delivered more than half of what was bargained for, but not much more”.
Because of this, Mayson is entitled to a price reduction of 40 percent, Jiang wrote.
The 40 percent discount on the total cost is $1,363.30.
This means that Mayson has to pay JDR Flooring only $344.96 as balance for her usable but squeaky deck.