Vernon contractor charged $800 for a quote, then sued the customer | iNFOnews | Thompson-Okanagan's News Source
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Vernon contractor charged $800 for a quote, then sued the customer

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A Vernon contractor who billed almost $800 just for giving a quote has lost a legal challenge after it went after the money.

According to Feb. 20 BC Civil Resolution Tribunal decision, Melanie Moore asked Aslan Electrical, Plumbing, Gasfitting, Refrigeration and Sheetmetal Services for a quote to install a propane fridge at her summer cabin.

The decision said the Vernon-based contractor headed to the cabin and sometime later called Moore and gave her a quote.

Moore said it was more than she had budgeted for so wouldn't go ahead with the work.

However, a while later Aslan sent her a bill for $778. It included five and a half hours of labour and $71 for driving 75 kilometres, plus tax and parts.

"Moore says that they were surprised to receive the invoice because they understood the purpose of the technician’s visit was to make an estimate for the installation. They did not expect to be charged for the site visit," the decision reads. "Further, Moore was confused why the invoice included a charge for 5.5 hours of labour when the technician was on their property for less than one hour."

Moore refused to pay so Aslan took her to the online small claims court.

The contractor is no stranger to the BC Civil Resolution Tribunal and so far this year has taken six clients to the online small claims court. In the last five years, it has been involved in 45 Civil Resolution Tribunal cases and more than 60 cases in the BC Provincial Small Claims Court.

In this case, Aslan argued Moore agreed to hire Aslan to install the fridge while on the call with its dispatcher. The contractor said Moore cancelled when she found out the price but it must be paid for the time and expenses Aslan invested in the job.

The decision said prior to the legal action, Moore offered to pay for one hour of the technician’s time to resolve the dispute in good faith, but Aslan rejected the offer.

The case centres on whether Aslan had a written or verbal contract with Moore for the installation or for the quote.

In evidence, Aslan submitted two audio recordings of calls between Moore and the Aslan dispatcher.

However, in the call, Moore asks for a price and the dispatcher said they "do not have a clue" as they are not involved in invoicing. They discuss the cabin's location and arrange a visit.

The Tribunal ruled no contract was formed during the phone call.

READ MORE: Two Okanagan companies hit with hefty fines for safety violations

"Since the dispatcher was not able to discuss price over the phone and instead arranged to dispatch Aslan’s technician, I find that Moore reasonably believed that the price of the fridge installation would be determined on site, through discussions with the technician, and that Moore could decline the work if they disagreed with the quoted price," the Tribunal said.

Moore said she made it clear that she wanted to know the cost before committing to the installation, and evidence submitted shows the Aslan technician wrote "produce rough estimate for job" on their file.

"On review of the entire circumstances, I find that Aslan has not established that the parties had a binding contract for the installation of the fridge," the Tribunal ruled.

Aslan then argued it it had a call-out charge and would bill from when they left the shop until they returned.

However, the Tribunal ruled that it hadn't provided any evidence that it told Moore this.

"I find it reasonable for Moore to have assumed that Aslan was sending a technician to investigate a work opportunity, free of charge," the Tribunal ruled.

Ultimately, the Tribunal dismissed Aslan's claim in its entirety.

While Aslan failed to get paid for doing a quote it's not always like that.

In a separate Feb. 20 BC Civil Resolution Tribunal decision the contractor sued customer Judy Knott over a $527 unpaid bill.

The decision said Aslan first came to Knott's home in 2021 and fixed her air conditioner. It then sent a $233 bill.

READ MORE: Vernon contractor billed $3,400 for turning gas on, then sued

A year later, the contractor was back to assess a leaking water pipe outside her property on two occasions. The company recommended replacing 12 feet of pipe but Knott declined the work and the company sent a bill for two hours of work at $294.

Knott said she was "under the impression because (Aslan) couldn’t do anything for me there wouldn’t be a charge and if there was one it would be very minimal as (it) didn’t do anything," the decision read.

However, the Tribunal ruled Aslan had been clear on the charge to diagnose the issue and that Knott had signed the work order.

Ultimately, the Tribunal ruled for Knott to pay Aslan $752 to cover the two unpaid bills plus fees and interest.


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