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Insurance claim paid to contractor - repair still not done

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Posted by: from Guelph
7/15/2020 at 10:02:42 PM

Hi Everyone. Hoping for an idea of what my rights and/or obligations are here. I had work done three years ago, basically new tile floor. Well within no time, grout is breaking, tiles are popping, and basically the floor is falling apart. Spoke to the contractor, and he looked into it and established that he (or his crew) installed it incorrectly.

He made an insurance claim, and says he received a settlement. Well that is now approaching a year ago (two years since we first contacted him about the issue) and we are getting nowhere with him to get in to fix his work. Granted we waited for the insurance company, and Covid certainly didn't speed things up.

Lots of back and forth, failed promises, missed meetings, and generally horrible customer service. We have now said that we would like to take the payout and we will find another contractor to do the job. He is now telling us that he will figure out how much the repair should be and might pay us that amount. Despite the fact that he already did the estimate, made the claim for that amount and got paid. And needless to say he is stating the repair would cost much less now.

I'm wondering a couple of things. What is a contractors obligation (typically) to warrant their work? Also, what are his legal obligations regarding use of funds paid out by his insurance company? I know what's right, but I wonder how what's right differs from my rights .

Thanks in advance.

REPLIES (2)
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Date/Time7/16/2020 at 1:51:17 AM

Hello

Did you have a signed contract that stated the scope of work to be completed

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Phil in Guelph
Date/Time7/16/2020 at 8:38:32 PM

I do not. Should that have any impact on this given we are after the fact and it is more about the insurance claim being paid out and an expectation that he wouldn't just walk away with the money?

Would this make my life more difficult?

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