Vernon contractor billed $3,400 for turning gas on, then sued
A Vernon contractor who charged a customer $3,400 to repair a heater, even though it just needed the gas turned on, has come up short after it sued the customer over the unpaid bill.
According to a Jan. 9 BC Civil Resolution Tribunal decision, Anne Miller hired Aslan Electrical, Plumbing, Gasfitting, Refrigeration and Sheetmetal Services in the fall of 2022 because a gas heater wasn't working.
Aslan went to the property at least four times and seven months later sent her a $3,458 bill.
However, Miller refused to pay so the contractor took her to the online small claims court.
Aslan is no stranger to the BC Civil Resolution Tribunal and took 11 customers to the online small claims court last year. In the last five years, it's taken more than 40 customers to the Tribunal.
In the recent decision, Aslan submitted five work orders to the Tribunal, although none were signed by Miller. Aslan said because the property was a rental, it couldn't obtain her signature.
"There is no other documentary evidence, such as an email discussion or a separate work authorization, setting the hourly rate. Based on all of this, I find the parties did not have an agreement on price or the way price was to be calculated for the heater’s repair," the Tribunal ruled.
The Tribunal ruled that Miller still had a contract with Aslan and the contractor was entitled to be paid a reasonable amount for the work it did.
"The work orders stated the technician diagnosed a faulty ignition, picked up an ignition module, installed a new ignition and gas valve, and diagnosed a problem with a burner," the Tribunal ruled.
However, Miller said the dates, labour charges, and kilometres travelled on the work orders were incorrect.
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She also claimed Aslan incorrectly diagnosed and repaired the heater when on a second visit, another Aslan employee only needed to turn the gas on.
"Gas is off at the shop outside, turn on gas and unit fired," reads the final work order.
"Aslan did not dispute that the gas only needed to be turned on. It says that Mrs. Miller now has a functioning gas heater and so must pay its invoice," the decision reads.
However, the Tribunal ruled that Aslan had to prove that the work it did was reasonable, but it hadn't done so.
"From the evidence before me, I find that the gas only needed to be turned on," the Tribunal ruled.
While Aslan wanted $3,458, the Tribunal ruled it was only owed $190 for the work it had done. With fees, the Tribunal ordered Miller to pay Aslan $290.
However, not all customers are as successful.
In a separate Jan. 10 BC Civil Resolution Tribunal decision, Aslan took customer Richard Bartel to the Tribunal after he refused to pay his $5,700 bill.
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The decision says Bartel hired Aslan in early 2023 to fix his furnace.
The company made multiple visits to his property but after a month, Bartel terminated the contract because it still wasn't fixed. He then refused to pay the bill.
However, the Tribunal ruled that Bartel had signed a contract with Aslan that stated the repair may require multiple visits and parts might need to be ordered.
Richard Bartel said a new company took over and told him that the entire furnace needed to be replaced, but didn't provide this evidence to the Tribunal.
"To the extent Richard Bartel argues the parts Aslan ordered and installed were unnecessary, I find that allegation unproven. I find Richard Bartel must pay for the parts Aslan ordered and installed," the Tribunal ruled.
Ultimately, the Tribunal ordered Bartel to pay Aslan $4,556 for the work it did.
In another Jan. 8 BC Civil Resolution case, Lake Front RV Park refused to pay two invoices from Aslan totalling $3,207 saying its work wasn't done property.
However, the decision says the RV park failed to prove Aslan's work was defective and ordered it to pay the $3,200 bill plus an extra $500 in fees and interest.
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