Review of Marc Bourada
Review of Marc Bourada
Creative Solutions Inc
Creative Solutions Inc
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BACKGROUND - In Oct 2017, we signed a contract with Marc Bourada for $160,000 for our backyard landscape project. This was a big project for a dream backyard and our goal was to find someone who could manage this scale of project. We received a recommendation to use Marc Bourada from Poolarama (we later found out are his family).
Work was started in the spring of 2018 and should have taken that summer to complete. To date, we have paid over $181,984 (including the costs to address bylaw and safety issues that were not corrected by the contractor, with more cost outstanding). Here we are in summer 2020, Marc has not been on site since July 2019 and no significant work has been completed since August 2019. It appears Marc has abondoned the job, and he has informed us he is no longer does landscaping construction projects.
From Marc's website, "Our reputation is founded on carefully planned designs, quality materials and construction, and a close partnership with our clients throughout all stages of a project." Below is an overview of the issues we are currently trying to resolve with our contractor, Marc Bourada, related to planning, construction and communication with client.
Marc operates under several business names including Outdoor Living, Outdoor Living Designs, Creative Solutions Inc and a few more that we are aware of. For simplicity, we will simply refer to Marc Bourada.
We've learned a lot throughout this process and know what we would do differently in the future. We hope to pass on some info so that perhaps you don't make the same mistakes we did when choosing a contractor for your backyard dream. Although we hope that this information is useful, none of the information presented should be taken as legal advice, and you should always consult a lawyer or other professional for council on your specific situation.
Here is an overview of our experience with Marc Bourada
Here is an overview of our experience with Marc Bourada
BY-LAW VIOLATIONS
Marc arranged to have the perimeter fence installed before the final grading was completed. We raised the concern about installing the fence prior to final grading and were told not to worry about it.
As a result, the perimeter fence doesn't meet building code in multiple locations due to a lack of planning. Multiple emails have be sent since Aug 19, 2019 to request a fix.
The homeowners have since corrected these safety and bylaw concerns at their own expense.
UNFINISHED WORK & POSSIBLE JOB ABANDONMENT
Marc has not been on site since July 6, 2019.
There has been no significant work completed since August 2019 and several work stoppages prior.
As of 2021, Marc Bourada has completely abondoned this project.
SAFETY ISSUES
Incomplete stonework has created unstable walkways and trip hazards.
We have emailed since Aug 19, 2019, asking to address safety issues without any action by the contractor.
The tile installation does not meet the Ontario Landscape Standard. Polymer sand was not applied in sections that were laid in 2019 and now stones have shifted around pool area creating a safety concern.
The homeowners have corrected these safety concerns at their own expense.
UNADDRESSED WARRANTY ISSUES
Warranty is an interesting issue when most of the work is incomplete.
For one portion of completed work, the gazebo roof tiles installed in 2019 are coming off. We were told on several occasions someone was coming out to fix this.
Update: Although the gazebo roof tile issue was corrected, no other deficiencies have been addressed.
SUBCONTRACTORS NOT PAID
Three separate sub-contractors had approached us for non payment of their services despite the fact Marc had been paid in full for these items. One of the subcontractors has still not been paid $9144.06 for an invoice received July 11, 2019.
We learned through this process that subcontractors can put a lien on your house if not paid by the contractor (even when the contractor has been paid by the homeowner).
NON-PERMITTED WORK, NOT CORRECTED
A temporary access road and gravel in ditch was added during initial construction. This was non-compliant with city by-law which required the contractor to request a permit and install a culvert. When Marc was notified, he failed to address the situation for over a year.
We would expect a competent contractor to understand and comply with the required building codes and by-laws in a timely manner. We were wrong.
As a result, we were forced to contract a third party landscaping company to remove the un-permitted access road installed by Marc Bourada.
This issue was resolved by the homeowners at a cost of nearly $10 000.
WORKSITE CONDITION
The worksite was left with construction debris and overgrown brush.
We received complaints from neighbours on the condition of the worksite.
Multiple requests through text and email to get this area cleaned up.
The construction material was finally resolved in October 2019 after neighbourhood complaints.
WORKSITE CONDITIONS
Areas that were to be sodded and mulched in July 2019 were never completed. The construction area could not be safely maintained due to the construction debris, and it became overgrown and unkept. After countless requests to the contractor, we finally resorted to renting a brush cutter to remove overgrowth ourselves. We also finished off a large section of the side yard ourselves that was supposed to be landscaped with mulch. We laid landscape fabric and several cubic yards of wood chips. This was part of the contract and we've had to do the work ourselves so the area didn't get any worse with overgrowth, soil erosion and continued maintenance of an unfinished area.
INVOICING AND PAYMENT
The contractor failed to provide proper invoices. After not receiving an invoice for over a year, the invoice sent in December 2019 still did not have the required information. We are still awaiting an updated invoice.
LACK OF DETAILED PLANNING
The contractor's lack of planning resulted in time delays and extra costs.
Marc's design failed to consider that a propane tank must be within 100 ft of the driveway in order to fill. As a result of this design error, we needed a gas line trenched from our main tank to the pool heater at an additional cost of $2588. Despite the fact this was Marc's error, he stopped all work and would not restart until we agreed to share the cost of his error in planning.
Steel L brackets were installed at the back of the gazebo for support before propane line was installed, so the steel brackets had to be notched out to allow for propane line. The propane company had to come back a second time to re-connect the propane line .. again, doing things twice costing time and money.
TAX COLLECTION AND REMITTANCE
Marc Bourada/Creative Solutions Inc charged the homeowners over $19, 219 in Harmonized Sales Tax (HST) without an HST number and without remitting tax to the CRA. Upon discovering this, the homeowners called Revenue Canada and also confirmed that Creative Solutions Inc had not filed any corporate tax returns since the corporation was opened in 2014. Mr. Bourada has since engaged a corporate tax lawyer and has not reponded to our requests for a refund on the HST collected without authorization. The CRA has an active file, so if you have done business with Marc Bourada or his businesses, you can call the CRA to verify HST has been collected lawfully, or report any concerns. The link to the CRA is https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/suspected-tax-cheating-in-canada-overview.html.
UPDATE January 2023:
After multiple attempts to resolve the unfinished work we elected to file a court claim agaist Marc Bourada, Creative Solutions Inc, and Outdoor Living. We completed the remaining work ourselves and with other contractors. We successfully won the case and were awarded a judgement for the full value claimed. Unfortunately, the story does not end with a succesful judgement. Mr. Bourada did not file a defence or attend the examination hearing until the court issued a contempt order to compel Mr. Bourada to attend and provide a financial disclosure under oath. Mr. Bourada did attend the contempt hearing and a follow-up examination hearing where a consensual payment plan was established. Mr. Bourada has defaulted on the very first payment, so we will be returning to court. Stay tuned to follow our journey!
Since publishing this review site, we have been contacted by multiple other families who have similar stories and experiences. Each of those families have told us they wish they found this information sooner. Unfortunately our experince is not unique, and we hope that by sharing our story you can make an informed decision when you select a contractor. If you have had a similar experience you'd like to share, please reach out to us at marcbouradareview@gmail.com or outdoorlivingottawareview@gmail.com.
Links to other reviews and information you might find helpful
Links to other reviews and information you might find helpful
Reviews
https://www.yelp.ca/biz/outdoor-living-ottawa
https://www.bbb.org/ca/on/ottawa/profile/landscape-contractors/creative-solutions-inc-0117-224824
Court Documents
Superior Court Case Search (you will need to sign up for a free Ontario ONe-Key account to access and search )
https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/CaseLookup/CSLKUP002.xhtml
The above link provides access to public records which currently show multiple superior court cases in which Marc Bourada is named.
Ottawa Small Claims Court
Unfortunately, these documents can only be searched or accessed in person at the Ottawa courthouse. If you do wish to access these, a search will provide numerous small claims that may help you decide if you should do business with this contractor or to see if there are any claims against a contractor you are considering signing a contract with.
GST/HST Registration Search
Your contractor must provide you a valid GST/HST number on all invoices. You can use the following link to confirm if the contractor has a valid GST/HST registration at the time of the invoice using the link below.
https://www.businessregistration-inscriptionentreprise.gc.ca/ebci/brom/registry/pub/reg_01_Ld.action
If you would like further information please feel free to email us at marcbouradareview@gmail.com or outdoorlivingottawareview@gmail.com
If you would like further information please feel free to email us at marcbouradareview@gmail.com or outdoorlivingottawareview@gmail.com
This website is intented to share our experience only, and is not intended to provide legal advise or tax advise of any kind. Please consult a lawyer or other professional when entering into a landscape or other contract.
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