A Burnaby window company has been ordered to fix windows and patio doors it put in at a Burnaby townhouse complex – and pay the strata $4,000 for an engineering report that found they were "poorly installed."
The strata at the Village Del Ponte in the Lougheed neighbourhood hired A-1 Window Manufacturing Ltd. to replace sliding patio doors and windows for certain units in the 1970s townhouse complex, according to a ruling by the province’s Civil Resolution Tribunal Wednesday.
The work was done in phases in 2016, 2017 and 2019, the ruling said, but issues arose with the new installations.
While A-1 repaired some of them, some went unfixed, according to the ruling, but A-1 said the work was no longer under warranty and the strata would have to pay.
The strata applied to the tribunal for an order forcing the company to finish repairs on three units and pay $5,000 to have the work "professionally validated," according to the ruling.
Tribunal member Amanda Binnie ruled the warranty on the work had, in fact, expired, but nonetheless ordered A-1 to complete the repairs on two of the units because emails showed the company had agreed in August 2021 to replace the doors and windows on those two townhouses.
Binnie dismissed the strata's claim for money for the cost of professionally validating A-1's work.
"While I accept that the strata is frustrated with A-1's previous installations, I do not find the parties' agreement included having A-1's work verified," Binnie said.
Because of the strata's partial success in the claim, however, Binnie did order A-1 to pay part of the strata's tribunal fees ($87.50) and $4,000 in dispute-related expenses, which included a $5,600 engineering report the strata paid for to prove its claims against A-1.
The CRT is an online, quasi-judicial tribunal that hears strata property disputes and small claims cases.
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Email cnaylor@burnabynow.com
