Shuswap man sues because his driveway is the wrong colour
A Shuswap man who wanted "light black" concrete for his new sidewalk has taken legal action against the contractor, arguing the cement poured was the wrong colour.
According to an Aug. 14 BC Civil Resolution Tribunal decision, Shuswap resident Gary Oja hired Sicamous Concrete and Gravel to pour almost seven metres of concrete at his property.
The night before the delivery, Oja decided he wanted to add some colour to the mix.
Sicamous Concrete told him to check the colour chart on its website but warned him that the chart "wasn't the best."
After taking instruction from his wife, Oja decided on the Cobblestone colour and increased the size of the area being poured slightly.
The next morning the concrete was poured but he wasn't happy with the colour.
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The contractor told him, "when it dries you will seal it and then the colour comes out" and added that because the amount of concrete had increased the colour would be "diluted."
Clearly not happy with the end result, Oja took Sicamous Concrete to the online small claims court arguing for $5,000 compensation for the concrete to be dug up and reinstalled by a different concreter.
In the decision, Sicamous Concrete argued it was Oja who owed them money because he refused to pay his $2,500 invoice.
"Mr. Oja says he should not have to pay the invoice as the cement was not the colour he ordered," the decision says.
To resolve the case, the Tribunal looked at samples of coloured concrete and photos of the finished work.
"(Oja) provided a picture of the sidewalk with another concrete slab behind. He says the slab had no colour added. I note the slab looks white while the sidewalk is a light gray colour," the Tribunal said. "Mr. Oja also provided screenshots of... colour samples which range from a mid-gray to a dark gray. I find that each of the samples look much darker than the sidewalk."
The Tribunal said that neither side presented evidence of what was considered a reasonable variation in the colour of cobblestone concrete.
However, the Tribunal did accept that the concrete was lighter in colour than the "light black" Oja had ordered.
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While Oja claimed $5,000 for the entire thing to be redone, the Tribunal refused saying the complaint was only an aesthetic issue.
"He does not complain about the quality, quantity, or finishing of the sidewalk. The claim is only about the colour of the sidewalk. The colour does not affect the function of the sidewalk," the Tribunal ruled.
Sicamous Concrete said it would cost $750 to stain the concrete the colour Oja wanted.
Ultimately, the Tribunal ordered the contractor to knock $750 off Oja's bill, plus the $200 cost for the colour that hadn't worked.
The Tribunal then ordered Oja to pay Sicamous Concrete $1,612, to cover his remaining invoice, interest, and half of the legal fees.
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