Shubrook Construction Ltd.

In May 2019, I hired Shubrook Constructions to do landscaping. The company installed a water feature with bubbling rock as part of the landscaping. In July 2020, the pump that was under warranty stopped working. I informed the owner about the pump malfunction on July 6, 2020, and requested that he replace the pump or provide me with the warranty papers. On July 10, 2019, I wrote directly to the pump manufacturer in the UK and copied the owner. The manufacturer asked for the pump purchase information to carry out the proper paperwork to affect a warranty return. The company representative from the Sales and Customer Service noted: "I am unable to replace a pump under warranty without proof of purchase."

On August 3, 2019, I followed up with Shubrook Constructions. While the company provides a one-year warranty for their work, the pump was still under warranty. I told the owner that if he could not replace the pump, please provide me with the required papers to get the pump directly from the manufacturer. I received the owner's response that the pump is getting delivered. It should be here within a few weeks. On September I2, 2020, I received another email from the owner about another delivery date. After repeated attempts and follow-ups with the business, the company installed the pump that did not display the bubbling feature I paid the money for. I told the owner I was very dissatisfied.

The owner assured me that he would install the same/similar pump. Due to COVID-19, I was very patient with the company. After repeated attempts and emails, on June 15, 2021, the owner indicated that he would install the pump by the end of that week. However, he did not come to install the pump nor inform me that he would not be installing it.
On June 21, 2021, I contacted Better Business Bureau (BBB) to resolve the issue. That same day I received a text from Shubrook Construction owner "Got the pump. Will be stopping by tomorrow to install." I informed BBB of the text and that I would withdraw the complaint if he installed the
pump. However, the owner did not install the pump. On July 20, 2021, I received a response from BBB: "Your BBB has made several attempts to contact the business regarding the above referenced complaint. We regret to inform you that we have not received a response from the company."

I contacted the Canadian Home Builders' Association. They informed me that as "Shubrook Constructions is not a member of the Canadian Home Builders' Association," they could not assist me. After talking with the College of Trades, I contacted Consumer Protection, Ontario. They reviewed my file and assigned a consumer officer from the Consumer Services Operations Division in December 2021. The officer offered a mediation. On December 17, 2021, I received the following response from the consumer officer, and they referred me to legal services: "The ministry may mediate a complaint if the parties agree to mediation. The
business named in your complaint does not agree to mediation. Your complaint suggests that there may be evidence of a contravention of consumer law."

In summary, Shubrook Constructions: 1) did not replace the pump with the quality that would provide the same bubbling rock feature even though the owner informed me that he has the pump and will install it; 2) did not return the hose that the owner took that I paid for. When I questioned why the owner took the hose with the old pump, I understood that he would replace the entire unit; nor 3) provide me with the warranty papers and the receipt for the pump that the manufacturer required.

Fortunately for me, when I contacted the pump manufacturer and explained the situation, the sales and customer service wrote: "Ideally, we would like the pump purchase information so that we can carry out the right paperwork to effect a warranty return for you, but if that is not forthcoming, as a customer of ours with a warranty failure, we will put this right for you." And he sent the pump, free of charge. The company was terrific. However, the pump did not come with the hose.

I have learned a lot through this experience. I should have insisted on the warranty papers rather than taking the owner's word for it. Further, I should have contacted BBB to check if the company is BBB accredited. Shubrook Constructions was not BBB accredited - if the business is not an Accredited BBB Business, they are not required to respond to complaints. Also, in the future, I will contact the City of London for any construction work or updates to my home. The city can help consumers understand construction codes (e.g., window well installation). In some cases, an inspector can also do an inspection. Through the College of Trades, one can check what any business is licensed for and isn't. One can contact the Canadian Home Builders' Association for home building information.

I have written to local and provincial officials to strengthen construction and landscaping laws. Fortunately for me, the manufacturer demonstrated very high-quality customer service. They replaced the pump without papers and helped me understand what I needed to install it as I no longer had the hose from the old pump.