Reviving this one just to give the final ending
Got summoned to court as witness for the sub-contractor (Ultimate Finished Concrete Services) last week against Shaw Renovations.
Basically my involvement was just to state that the sub poured my pad, I didn't have any issues with it and that the sub didn't do any of the form work.
But my god the rest was awesome, the sub had the *homeowner* of the property that had been "done wrong" testifying for him! I finally got to learn this really did all boil down to some stairs and sidewalk that the homeowner had wanted with an exposed finished. The sub had never been told that so gave it the normal broom finish. Then instead of owning up to the mistake Shaw tried to make the sub redo the work for free by stating it had marks and knicks and footprints and things in it. Then the homeowner said that wasn't true and out came the pictures showing the original work in perfect broom condition, no footprints or nothin' and then the "fixed" work pictures, which I'll admit looked very nice but wasn't the point being contested, the judge used the phrase "apples to oranges"
It was over from the start from what I saw, basically "I don't want to pay him" versus 3 witnesses, mounds of paperwork and a bunch of photos. Shaw had also counter-sued for "fixing" the work for twice the amount the sub had been suing for the three properties he hadn't been paid (I assume to get him to drop the original suit). Not only did the sub get awarded the outstanding money he was owed but an additional 5% of that amount PLUS 5% of the dismissed counter-suit amount.
Icing on the cake was Shaw walking out of the court, storming past me and walking up to the homeowner telling her 6 inches from her face "Of course you know not to call me for any warranty work" and then striding off. I was gobsmacked at his douchery but she was all "pff, like hell I'd call you". Then I pointed out I was fairly sure all of us were well past our 1 year warranty period .
So that's it, I bet it'll still take another year and two more court orders before the guy forks over the money to the concrete guy, but I'm impressed he really did stick with it and take Shaw to court to get the money he was owed, think most subs woulda just moved on and let Shaw pocket the money.. I mean hell, it took two years to go to court!
Last edited by malbadon; 01-16-2015 at 11:45 AM.
2006 Edmonton Indy - Heatstroke
2007 Vegas Grand Prix - Fremont awesomeness
2010 Montreal Grand Prix - Section 11!
2011 Edmonton Indy - Mudfest
2012 Nascar Autoclub 400 - Convinced I attract rain....
2016 Spa & Monza. Ya baby!