A Port Coquitlam couple has won an $18,635 claim against a deck builder after they had to pay someone else to re-do their home renovation project.
The April 28 judgment posted online follows a claim by Mehdi Shiridokht, of Ideal Remodelling Group, for the remaining balance of the contract work, which he later dropped.
However, his clients Neda and Nikola Ilic filed a counter claim, which they subsequently won.
In the judgment by provincial court Judge W. Lee, the Illics were awarded partial reimbursement of the funds they paid to replace the deck, which an inspector deemed was unsafe.
In 2020, the Illics hired Shiridokht to build a 30’ x 20’ second-floor deck, with a storage room below, a patio and walkway.
Deficiency concerns
The work began on Aug.17, 2020; however, the Illics became aware of some deficiencies and were concerned about the lack of a building permit from the City of Port Coquitlam.
Although the permit issue was raised at the outset of construction, no one applied for the permit, and Shiridokht told the judge in his testimony that he believed it was up to the owner to get the required paperwork.
Among the deficiencies the Illics were concerned about were newly built stairs that “swung back and forth” and a glass sliding door, worth $807, that had been broken.
As the deadline to complete the project approached, the Illics and Shiridokht were in dispute over additional construction and supplies, including tiles and labour for a total invoice of $39,230 plus GST.
The Ilics were also concerned about the quality of the work and whether the deck waterproofing was properly installed.
An argument followed, during which Shiridokht “blew up,” according to Nicola Illic's testimony, and said he would report the Ilics to the City of Port Coquitlam because there was no building permit.
Building inspector called
"This came as a shock to the Ilics as they believed Mr. Shiridokht had obtained a building permit. Mr. Shiridokht left the work site and only returned later that day to collect his tools and some materials."
Shiridokht couldn't remember if he called the building inspector but the judge said it was likely that he did because "calling the city is consistent with Mr. Shiridokht’s response to not being paid."
Shiridokht also told the judge that his work was carried out in compliance with the city's building bylaw and the BC Building Code and "denied that the work was performed negligently," according to testimony.
With no permit, the City of Port Coquitlam issued a stop-work order on the project, and required the Illics to obtain professional advice.
Reports by engineers and a building inspector laid out a number of issues with deck construction, including deck footings that were inadequate for soil bearing capacity and frost depth.
According to Fairbairn Inspections Services Ltd, the joist hangers were installed with coated deck screws and not the required nails. As a result, the deck was "not structurally sound and was considered unsafe."
Other issues included waterproofing that didn't go to the edge and inadequate framing for the stairs.
Shiridokht said the stairs were only meant to be temporary, but the judge said it "made little sense to incur the expense of labour and materials for a set of temporary steps."
Glasser Brothers Construction did the repair work, submitting a bill for $22,581.92.
The Illics total claim was reduced because some of the work was considered improvements and not the the original builder's responsibility.
However, the judge ordered Shiridokht to pay the couple damages totalling $18,635, including the cost of hiring engineers and an inspector, plus the counter claim filing fees of $156.
"To deal with the requirements of the City of Port Coquitlam, I am satisfied that the reports from P & B Engineering Ltd., Braun Geotechnical Ltd. and Fairbairn Inspection Services were a necessary and reasonable expenditure," Judge Lee stated.
