Home & Garden

[RESOLVED] My Legal Options for this Contractor?

  • Last Updated:
  • Aug 31st, 2017 8:22 pm
[OP]
Member
User avatar
Aug 3, 2010
311 posts
100 upvotes

[RESOLVED] My Legal Options for this Contractor?

I live in Ontario. I had a contractor come over to seal my concrete driveway. He offered 2 choices: Gloss or High Gloss solvent-based sealing. I went with the high gloss and he told me he'd be using Rocksolid Concrete Wet Look Sealer (High Gloss). It would cost me $0.52/sqft @ 1200sqft which equates to $624 + tax (total: $705.12).

As he was almost done sealing I noticed the sealer was being rolled on as WHITE in color. Solvent-based sealers are never white. They come clear. Only water-based sealers are white colored. Woe! Woe! His response was it is the Rustoleum solvent and simply changed color because he mixed it with a stir stick. I decided to buy this Rustoleum sealer at Canadian Tires to check the color. It is CLEAR, not WHITE! I called Rustoleum to confirm the color. It's clear and never changes white under any condition when applying they said. From his professional opinion, this Rustoleum rep warned that he thinks this is a water-based solution and that it may likely peel after a few days or months bc i originally had a solvent solution on the driveway.

So far i've given him $312 (for the power-washing) PLUS another $100 today because i figured this would be a compromise to end this. He now has $412 (of the $705.12). However he still demands more. So i am wondering what my legal options are in this situation?

UPDATE

The contractor has finally openly admitted fault after the overwhelming evidence i had presented and the matter is now resolved.
Thanks everyone for your input.
Last edited by brand404 on Aug 31st, 2017 5:14 pm, edited 3 times in total.
8 replies
Deal Addict
Dec 17, 2007
1811 posts
827 upvotes
Alliston, ON
Do you have any of this in writing? Or is it all verbal? Verbal is harder to claim.
Ask him for proof from the manufacturer that the product you wanted used turns white if stirred.
But unless you have a written contract, you don't really have proof and would likely be on the hook for the cost of the cheaper product
Sr. Member
Apr 29, 2010
899 posts
65 upvotes
London
We had a pretty extensive conversation via text message on what i expected and what he will deliver. It is laid out pretty clearly in there. So it is something. He has changed his story from stirring was the cause to it is a mix of 2 different solvents (one of them being white which is impossible) to it is the white bucket that was eaten away from solvent overnight.
Sr. Member
Jul 2, 2013
502 posts
126 upvotes
Aurora
rosario99 wrote:
Aug 31st, 2017 6:12 pm
We had a pretty extensive conversation via text message on what i expected and what he will deliver. It is laid out pretty clearly in there. So it is something. He has changed his story from stirring was the cause to it is a mix of 2 different solvents (one of them being white which is impossible) to it is the white bucket that was eaten away from solvent overnight.
Sorry but why is rosario99 posting an answer to the OP's question??
[OP]
Member
User avatar
Aug 3, 2010
311 posts
100 upvotes
lehmanr wrote:
Aug 31st, 2017 7:19 pm
Sorry but why is rosario99 posting an answer to the OP's question??
Because Rosario is my wife and she was here as well when this all went down. And technically she wasnt posting an answer but extending on my original post while i left the house. Sorry for the confusion.
Deal Addict
Feb 24, 2008
2492 posts
1041 upvotes
Mississauga
brand404 wrote:
Aug 31st, 2017 5:14 pm
I live in Ontario. I had a contractor come over to seal my concrete driveway. He offered 2 choices: Gloss or High Gloss solvent-based sealing. I went with the high gloss and he told me he'd be using Rocksolid Concrete Wet Look Sealer (High Gloss). It would cost me $0.52/sqft @ 1200sqft which equates to $624 + tax (total: $705.12).

As he was almost done sealing I noticed the sealer was being rolled on as WHITE in color. Solvent-based sealers are never white. They come clear. Only water-based sealers are white colored. Woe! Woe! His response was it is the Rustoleum solvent and simply changed color because he mixed it with a stir stick. I decided to buy this Rustoleum sealer at Canadian Tires to check the color. It is CLEAR, not WHITE! I called Rustoleum to confirm the color. It's clear and never changes white under any condition when applying they said. From his professional opinion, this Rustoleum rep warned that he thinks this is a water-based solution and that it may likely peel after a few days or months bc i originally had a solvent solution on the driveway.

So far i've given him $312 (for the power-washing) PLUS another $100 today because i figured this would be a compromise to end this. He now has $412 (of the $705.12). However he still demands more. So i am wondering what my legal options are in this situation?

Image
rosario99 wrote:
Aug 31st, 2017 6:12 pm
We had a pretty extensive conversation via text message on what i expected and what he will deliver. It is laid out pretty clearly in there. So it is something. He has changed his story from stirring was the cause to it is a mix of 2 different solvents (one of them being white which is impossible) to it is the white bucket that was eaten away from solvent overnight.
brand404 wrote:
Aug 31st, 2017 7:22 pm
Because Rosario is my wife and she was here as well when this all went down. And technically she wasnt posting an answer but extending on my original post while i left the house. Sorry for the confusion.
Uh...Hmmm

Anyway, do you have a contract for products/services rendered? Or is all of this arranged through text msg?
Banned
Aug 10, 2017
198 posts
119 upvotes
A contractor or some guy on kijiji?
You can tell him to take a hike and he's not getting any more money.
If he's a punk there is a good chance you'll end up with some broken windows.
Try and settle it up on good terms so you don't have to worry about that.
Sr. Member
Jan 15, 2013
890 posts
156 upvotes
Mississauga
Did you let him know immediately that this is not what you guys discussed? What did he say?

Try telling him you guys can call the company yourselves together and hear it directly from the manufacturer. At that point he shouldn't have any excuses.

Top