[Robin Ramsay]

I just completed 1000 square feet of interlock red blend by oaks in ontario canada. just before i was to sand it in the customer decided they didnt like the blend it was conflicting but mixing the stone would of satisfied the situation. Now the supplier and the manufacturer are going to court and im left in the cold. The only thing I can do is lein the property. Assuming that this element of law is similar in both countries your advice is welcome. im meeting my lawyer in a few days

[dan deutekom]

I need a little clarification of this. What do you mean by "conflicting but mixing the stone would of satisfied the situation". Did you just lay the stone one skid at a time or did you pull stone from 2 or 3 skids and mix as you lay?. It is normal for variations in the concrete colour and when laying more than one skid you have to draw your material from several skids so that the colours mix well. Why is the supplier and manufacturer going to court? If it is truly a problem with the product and the customer does not want to pay for your work then I would talk to a lawyer and register a lien against the property sooner than later. I believe (but I might be wrong) that this must be done within 30 days of completing the job (or the last time that you worked there)

[Robin Ramsay]

we pulled from 3 skids at a time however the manufacturer claims the stone was mad 6 months apart. the colour is conflicting

[dan deutekom]

Now I understand. If the client would be happy with mixing the stone maybe you should talk to both the manufacturer and the supplier and see if they would pay you to pick up and relay the stone if the client agrees to pay your origional invoice. It seems to me that for 1000 square feet of stone the manufacturer and supplier wouldn't want to fight things out in court unless the relationship between them is very strained between them for other reasons. Not a good situation but all parties must come to the table to resolve the problem

[mybigdog1]

not that it helps now but our contract informs clients that pavers will differ in color from batch to batch and pavers they may have viewed will may differ from pavers being laid. With that said you should get paid for work you have completed

[agla]

Who is taking whom to court? Did you pay for the materials or did your customer?

If your customer bought the material, then there is no way that he should not pay you. Since you day that the manufacturer and supplier are going to court and you are "left out in the cold", it seems like the homeowner must be suing them. If you bought the materials and he owes you money, that does not make sense to me.

.... or is the supplier and the manufacturer fighting between themselves?

[Robin Ramsay]

I thought I'D update this thread since it's finally over. The manufacturer after a month delay supplied and paid my labour to lift the entire 1000 square feet and relay. I just settled up today. I started this project in August. [i]'m not sure how to take the manufacturers attitude but it worked out for me .

[natural12]

Good for you. Appreciate the update, not enough posters follow thru and update on there situations. Must of been agonizing waiting so long for a resolution.