The Consumer Protection Agency called one of the pool installers who allegedly threatened customers for refusing to pay tens of thousands of dollars in extras.
• Also read: Ruined by her new pool: Greedy plumbers threaten her
Last December, regulators sent Dominic Flamand, owner of Piscines Élégance, a letter alleging that the company may have broken the law in its commercial activities.
In this notice, of which we have received a copy, the OPC reminds him, among other things, that a merchant cannot unilaterally change a contract and that no costs can be demanded from a consumer unless the contract expressly states the amount .
Our Bureau of Investigation revealed on Wednesday that Dominic Flamand and his subcontractor Patrick Laurendeau, a former drug dealer who ran Excava-Plus, allegedly gave several clients a nightmare during the installation of their underground pool. At least a dozen civil lawsuits related to Piscines Elegance are currently in court.
PHOTOS FROM THE FACEBOOK PAGES OF DOMINIC FLAMAND AND PATRICK LAURENDEAU
Dominic Flamand (left) owns Piscines Élégance while Patrick Laurendeau (right) owns Excava-Plus.
Citing unforeseen complications, Piscines Élégance would have charged customers tens of thousands of dollars in additional costs without their consent and without itemizing the additional costs. These claims are disputed by Piscines Elegance.
$175,000 in extras
Experts are also surprised by the amount of additional costs charged by the company, which in some cases have doubled, tripled or even eightfold the outgoing invoice (see other texts). In one case, the additional costs exceeded $175,000.
“This is not an Olympic pool! $175,000 in extras, regardless of the work, that’s huge!” says Marc-André Harnois, Director General of the Association des consommateurs pour la qualité dans la construction (ACQC).
“We cannot change such a price”, responds the lawyer specializing in construction, Claude Coursol, who recalls that the agreed price must be respected in such cases, “unless the contract provides for it and the situation justifies it. ”
If additional costs were to be added, they would have to be “seriously estimated” and “explained to the buyer before obtaining his consent to continue work,” he continues.
threat
Customers who refused to pay the extras claimed to have been pressured by Dominic Flamand and Patrick Laurendeau, who specifically threatened them to stop work or go with the swimming pool. Elegance Pools denies these allegations.
For Me Coursol, it is clear that in cases of price increases, consent should not be sought “for fear on the part of the buyer of the consequences of his refusal”.
The OPC – which has received five complaints against Piscines Élégance in the past two years – also recalls that under the Law on the Collection of Certain Debts, a person may not harass, threaten or intimidate when collecting a debt.
An “extraordinary means”
It should be noted that Piscines Élégance has also taken steps to guarantee the residences of customers who have not paid the entire overage by waiving statutory mortgages.
“The legal mortgage is an extraordinary means against a consumer. It’s a stick in the air,” laments Me Claude Coursol, who says a trader can overturn such a termination in 48 hours, while the consumer has to fight the courts for months and incur significant costs. He wants to knock her down.
The ACQC, which is campaigning to change the Legal Mortgage Act, agrees. “It’s used a lot as leverage. It creates a balance of power,” laments his managing director.
– In collaboration with Marc Sandreschi
Photo Didier Debusschere
From left to right, Bobby Hamel, Nathalie Levasseur, Gabriel Marois, Hubert Brulotte, Lucie Morin and Simon Comtois, all from the Greater Quebec City area believe they have been scammed by Piscines Élégance.
Eight times more expensive
Lucie Morin fears she made the “worst mistake of her life” by making deals with Piscines Élégance, who asked her for nearly $145,000 to repair their pool when the job was originally supposed to cost eight times less.
Piscines Élégance was set to repair Lucie Morin and Simon Comtois’ underground pool in Fall 2021 for $18,300. From the beginning of the work, the contractor estimated that it would be quite necessary to replace the pool for the sum of $20,000.
With the cymbal installed, Dominic Flamand would have claimed the “exorbitant sum” of $144,972. Customers who asked for a breakdown of that amount received an “inflated invoice full of errors” from Excava-Plus, Piscines Elegance’s subcontractor.
“I really thought at the time, did I just make the worst mistake of my life?” says Lucie Morin, who claims she didn’t consent to the extras.
The couple agreed to pay the amounts associated with the original offer, the new swimming pool and the rental of a crane. He wrote Piscines Élégance a check, which the company tried to cash twice, according to the lawsuit.
Elegance Pools is suing the couple for $110,000. The customers defended themselves, refused to pay and sought more than $12,500 in damages, hassle and inconvenience, in addition to costs related to repairing the property.
Lucie Morin, Quebec
- Original bid amount: $18,300
- Extras total: $126,600
- Final pool cost: $144,900
Treated as “Criss de Germaine”
A Lévis woman claims she was called “Criss de Germaine” by excavator Patrick Laurendeau for asking questions about the thousands of dollars Piscines Élégance wanted to charge her.
Nathalie Levasseur and Bobby Hamel had their fiberglass pool installed last spring. Surprised that there would be addendums, the lady tried to clarify the situation with the contractor. Back then, Patrick Laurendeau would have insulted her.
“He called me Criss de Germaine. I had no right to ask questions. They asked for additional fees and I didn’t have to say anything,” she laments.
Dominic Flamand would have told him frankly that if the extras didn’t suit him, he would stop work and that he had already left with a swimming pool in Roberval as customers refused to pay.
Nathalie Levasseur paid the entire amount foreseen in the estimate and provided additional equipment for the installation of the pool at her own expense. Marked by this mishap, the lady had surveillance cameras installed on her property.
“I was afraid they would come to us,” breathes the man being sued by Piscines Élégance for small claims.
Patrick Laurendeau did not respond to our interview requests.
Nathalie Levasseur and Bobby Hamel, Levis
- Original estimated amount: $34,261
- Extras total: $5659
- Final pool cost: $39,920
“Unlawful and unreasonable threats”
A Quebec radio host claims to have received “illegitimate and unreasonable threats” from Piscines Élégance to force him to pay tens of thousands of dollars in extras.
“This story is a nightmare,” regrets Gabriel Marois.
Last May, Piscines Élégance and the Excava Plus team went to his home to install an inground pool that cost nearly $30,000. Piscines Élégance would have quickly charged around $48,000 in extras with no glitches or receipts without which there was particular danger of going with the pool.
“These unlawful good faith threats” violated the consent of Gabriel Marois and his wife, who agreed to pay $30,000, a court document reads.
Piscines Élégance again asked for nearly $25,000 in extras, which the couple refused to pay. The case is in court, with each side demanding more than $42,000 from the other.
Gabriel Marois and Hubert Brulotte, Levis
- Original estimated amount: $28,160
- Extras total: $72,960
- Total pool: $101,120
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