A woman who was frustrated with "intermittent" squeaks in her flooring has lost her $5,000 claim against a Port Coquitlam flooring company.
Heather Andruski failed to prove her case against Absolutely Floored, the Civil Resolution Tribunal ruled in a Feb. 23 decision.
Andruski sought compensation, claiming her floors were uneven and squeaked after the business installed vinyl plank flooring more than two years ago at a cost of $7,282.99 plus tax for the work.
She told the tribunal the work was "deficient" and the company "breached" its 100 per cent satisfaction guarantee.
At issue was whether the floors were installed properly in November 2020.
According to information provided to the hearing, it was the homeowner's "undisputed submission" that the parties discussed floor levelling before work began.
Absolutely Floored said that levelling was required, but using laser levelling would be costly while Andruski replied that she wanted to keep costs down.
Soft spots were repaired
Andruski told the hearing she noticed some "soft spots" after the flooring was installed, which the company repaired.
She also complained about squeaks, but a company representative said they couldn't hear any sounds, at which the homeowner said they were "intermittent."
The flooring company contacted the manufacturer, Monterey Flooring, to visit the home and examine the floors.
Monterey's representative found that the floor was level and up to manufacturer's standards and said, in a letter, the source of the noise was "humidity shifting."
Aundruski paid the remaining balance of the bill in February 2021.
However, the following October found she couldn't shut the bathroom door because the floor had risen. She later sent an email noting that the floor sank down again so she could close the door.
Absolutely Floored replied that it could either "shave the door" or "re-level and reinstall the flooring," but the customer would have to pay for the re-levelling, which she refused.
During the hearing, the company provided photos of the installed flooring from an advertisement for sale of the condo in November 2022.
The tribunal, however, dismissed it as evidence as it wasn't considered relevant to the case.
Flooring problems were 'intermittent'
In discussion, the tribunal member agreed that Andruski was not satisfied with work, but made it clear she had to provide expert evidence to support her case.
"Ms. Andruski’s evidence demonstrates that the floor creaked and could be uneven. I accept this is the case. However, as noted by Ms. Andruski, some of these issues were intermittent and developed over the course of several months. So, I find expert evidence is necessary for Ms. Andruski to show that Absolutely Floored breached reasonable standards."
Andruski, meanwhile, set about proving her claim in a number of ways, such as recording a video of the squeaking sound and the tribunal accepted it as evidence.
She also provided a copy of an online ad that said the company provided "100 per cent customer satisfaction, the best price, and the best selection," but was told the ad wasn't the same as a contract.
Documents 'too general' to prove claim
She provided an email and a quote from another flooring company that recommended she replace the floor.
This wasn't accepted as evidence because the author's qualifications were not stated. Similarly, the tribunal member did not accept a document containing information about sub-floor preparation for flooring, as it was "too general."
However, the qualifications of Monterey's representative (DC) were accepted due to their experience with the flooring products.
In an assessment, Monterey's representative found “no signs of product failing” and all the joints were "properly clicked together with no sign of coming apart."
DC also found the floor was "level up to manufacturers standards” and there were “adequate gaps under the baseboards," according to the tribunal.
In dismissing Andruski's claim for shoddy work, the tribunal said the flooring manufacturer's representative "did not identify any issues with Absolutely Floored's work"
"DC only commented on manufacturer standards. DC did not say if Absolutely Floored breached the applicable professional standards. There is no other evidence that says Absolutely Floored breached such standards. Given this, I find it unproven that Absolutely Floored's work fell below professional standards. Accordingly, I find it unproven that Absolutely Floored breached the parties' contract."
