transcript

Tue, 22 Jul

Quailty renovation
Good day I could assist with a quote

Shawn
Hello,

I’m looking to get a quote for some fence work after the recent storm in Thorncliffe knocked down part of our backyard fence.

The main job is to replace a 60-foot fence at the back of our property that connects to the alleyway. We’re open to either wood or chain link, depending on cost and availability. It will also need a gate as part of the replacement.

Additionally, we need a new gate on the side of the house to replace another one that was damaged in the same storm.

There may also be a few other assorted repairs related to the storm damage that I’d be interested in getting help with, outside of the fence work—happy to chat about those when you’re here.

Let me know if you’re available to take a look and provide an estimate. I can send over some photos or meet in person if that’s easier.

Thanks,

Shawn

Quailty renovation
We can book an estimate

Shawn
Sounds good. Let me know when you are available. I have a fairly flexible schedule.

Quailty renovation
Today before 5?

Shawn
Perfect.

I’m at (ADDRESS).

If you could let me know in advance when you would be by, that would be great.

Quailty renovation
Ok sure

Shawn
Thanks

Thu, 24 Jul

Shawn
Hello Sayid,

I just wanted to send you a note to let you know that my final quote for the fencing project will come in tomorrow. I will make a final decision by noon.

I have two more questions to ask to help me decide.

What is the warranty on the work and on the materials?

Most of the other companies include clean-up and removal of any waste. We didn’t talk about that when you were here. Is that included in your work?

A fencing company offered an additional option for privacy. Vertical or diagonal slats that go into the chain link fence. Can you offer that option?

The company that offered the option of the slats had the same cost as you for a black chain link fence ($2500). They said they would install slats in the fence for 250 dollars. Is that a price you could meet or beat?

Thanks,

Shawn

Quailty renovation
Yes will remove as discussed

Warranty is one 1 year

Yes I can offer that

Shawn
Hi Shawn

Fri, 25 Jul

Shawn
Hello,

As promised I am getting back to you about the work with our fence and gates.

As I explained yesterday, there was one company that offered the same cost that you offered (plus $250 the privacy slats) for the black chain link fence, 2 gates, and clean up.

As we discussed, if you are willing to make the same offer of 2500 PLUS 200 for the privacy slats, ($2700 in total) with removal of the old fence then I would be good to go with you.

I also want to be clear that there was a difference between the Privacy SLATS versus the Tape that weaves through the fence diagonally. We would want the vertical slats as the other company suggested.

Let me know how that looks to you and how you would like to proceed,

Thanks,

Shawn

Shawn
Hi Said,

Just noticed that you wrote VERTICAL SLABS WILL BE PROVIDED. Just so we are clear, these are vertical SLATS. Here is a link of some of the examples I was given:

(HOME DEPOT LINK)

Not the tape which is this one:

(AMAZON LINK)

Thanks

Quailty renovation
Yes error on my end

Sun, 27 Jul

Shawn
Hello,

I’m in Edmonton for the weekend (can’t receive phone calls until I get back tomorrow) and just wanted to send a couple questions that I was wondering about for the fencing project:

One of the contractors I considered for the project had information about checking the lines below ground before digging. He wrote – “Make sure the contractors will be doing the locates for your property. Digging around your lines is by far the most dangerous part of the job and a hit can ignite, burning properties down and if gas seeps into the ground it can be an environmental concern that can be very expensive (upwards of $100,000).” Will you be checking in with the utility companies or city before?

The second question is about the depth of the posts. Can you tell me how far you will be going. The warning I was given was about “Shallow post depth – most people think 1/3 below grade is the standard (it’s what you’ll find on Google) but that’s not accurate when the frost line is 28″ in Calgary. Verify post depth – this one is key to a fence that will stay standing after 2 years.”

And finally about the PRIVACY SLATS. The company that offered these to me said that they have enough product available that they can offer it to me at their suggested price which was cheaper than anything I could find at Home Depot or Rona. In fact, I couldn’t even find any available at Home Depot. The question is, how will you be sourcing these? Do you actually have them available?

Thanks Said,

I hope you are having a good weekend and can get back to me with the information. As I mentioned I am out of town until Monday so I can’t receive phone calls until then.

Quailty renovation
Yes I did mention to you too call before you dig or request it online they come for free for the holes 24-36 inches deep Is more then enough

Get a price on the privacy slats and let me no

Mon, 28 Jul

Shawn
Said,

I have a busy day today here.

Can you please answer the questions:

Will you be setting up the utility line check with the city as I asked?

Will you be in tomorrow to start the process on the fence?

Thank you

Shawn

Quailty renovation
Shawn we need call before you dig I asked you please to book it online as you are the home owner once they come we will be there too

Shawn
Hi Said,

You did mention it after I talked to you about which would not have given us the time to have the lines checked.

Two of the contractors said that it is best for the contractor to contact the city “check before you dig” I sent you the note I had received from one of the Contractors who explained that it would be best for the contractor to do that. I sent you the link to the city page where the contractor sets that up.

Could you do that.

I am running errands now and will not be back until this evening.

Quailty renovation
I will Tommorw

Shawn
Thank you.

Tue, 29 Jul

Shawn
Hi Said,

I tried to return your call. I am out working late until about 11 tonight. Is there something you called for earlier today?

Quailty renovation
Call me back

Shawn
Hi Said,

I called you back shortly after you called me. I left a message. Now I am in the middle of a class at SAIT until 11.

Is there anything I should know or can I call you around 9AM tomorrow before I leave for work out of town?

I’m writing to you from the workplace. I don’t have access to my landline at home until later tonight.

Quailty renovation
I was calling to tell you I was coming to remove the fence Tommorw but I do require $900 after it’s out do you agree?

Shawn
Call before you dig is scheduled

Thank you.

When I am home tomorrow, I will send $900 with the remainder due upon completion.

If you want to contact me, I will be out of the house by 9:30.

S

Quailty renovation
Can you send it tonight or in the morning so I don’t keep bothering you and missing each other calls

I will send a receipt

Shawn
Said, It’s my understanding with the other contractors that 15–20% is the typical deposit before work begins. Alberta Government website adds that an agreement can be made for the dates of payment and amount following the beginning of work (including how much is paid upon completion).

So, in following the Alberta Government suggestion, can we agree to the following payment schedule?

I have sent $1000 already.

Can we agree that I will send $900 AFTER the fence and Gate are removed? (No later than 9PM)

That would be $1900 of the total $2,835.00 which would be 67% of the total.

And then the total would be paid upon completion of the project. ($935)

Please let me know if this payment schedule is acceptable.

Quailty renovation
Sure sounds good thank you for understanding

Shawn
OK

And a receipt for the initial payments would be great to have.

Also, have you sourced the privacy slats yet? RONA was the only place I could find them available so far. The consumer price is probably not as good as the contractor price. And the other fencer has obviously sourced them from other sources.

Quailty renovation
Np everything will be sent Tommorw

Shawn
Thank you

Wed, 30 Jul

Shawn
I will be out of the house around 9:15 but my wife will be here after 9:45 for any questions. Thanks

Quailty renovation
Np

Removal done please send $900

Shawn
Hello

Hi Said.

Just got back into Calgary 10 minutes ago.

Payment for 900 dollars before 9PM has been sent.

Quailty renovation
Thx

What’s the password

Shawn
The same as before. I think it was chainlink

Thu, 31 Jul

Shawn
The bank confirmed that the payment went through. Could you let me know when the city plans to check the underground digging line AND if they know to also check the line where the gate and the house connects.

Thank you.

Hello Said,

I’m checking in again with you to see if the city knows to also check the lines beneath the area by the side gate?

Thank you

Quailty renovation
They no what to do they will come soon

Shawn
Hi. I just got in as they were doing the location work.

What do you think the timeline will be for starting the work?

I have put up a wire that was crossing the side gate. I was wondering if it would help you and your workers if the tall grass at the back was cut. Let me know so I can do that before you come if that helps.

Hello Said.

Can you tell me which day you plan to come in.

Thank you

Fri, 01 Aug

Shawn
When will you be in Said?

Quailty renovation
Saturday or Monday

Shawn
Thank you – Please let me know at least one day in advance.

Mon, 04 Aug

Shawn
Said,

Could you please tell me what time you will be coming in tomorrow to start work on the fence?

Thank you

Quailty renovation
Wednesday or Thursday the weather backed me up

Shawn
Thank you for the message. The sooner the better. We had someone wandering in our yard today so we hope to have the fence up as soon as possible this week.

Quailty renovation
Ok

Tue, 05 Aug

Shawn
Also, the insurance company is asking for some receipts. So, as you said you would do, could you supply the receipt for the 1st and 2nd payment with

Personal and business name

Address and phone number

Amount paid and what it was paying for

(date, any other relevant information)

Thanks

Quailty renovation
You get a final invoice when the job is complete

Shawn
Hi Said,

Check our messages. On July 29th, you said you would send a receipt for the pre-payment. ($1000 July 25th and $900 July 29th)

The insurance company is asking for receipts for payments I am making to companies for work and deposits so far. I have bank statements but they want the actual outgoing payment receipt so that I can claim the funds.

Wed, 06 Aug

Shawn
Hello Said,

Could you give me an update on when work will start and on the receipt for two payments.

Thank you.

Quailty renovation
I told you today

Shawn
Thank you.

Hello Said,

I just came back home for a bit and it looks like you are already done for the day.

I see the cement was poured. A neighbour who put up his fence across from me came out while I was looking at it and asked if I had done it and commented that the posts weren’t straight or nearly in line. He brought out a line to check it and it seems that they are very far off from each other.

Can you confirm that your people checked on the straightness and level of the posts?

Also, I am still waiting for the receipt for the first two payments. Again, the insurance won’t pay me without this confirmation.

Sat, 09 Aug

Shawn
Hello Said, I’m checking in to see when work will continue.

I am out working now. Please don’t call my place. My Wife and child are sleeping (nap time).

Quailty renovation
Tuesday

Sun, 10 Aug

Shawn
OK.

Can you tell me what your plan is with the side fence/gate? I don’t see any holes there.

Said, what are the plans for the side fence and gate?

Quailty renovation
They will be dug and done too

Tue, 12 Aug

Shawn
Hello

I will be around today when you come.

Can you tell me what time you will be here?

Thank you.

Quailty renovation
Before 2

Shawn
Thank you. I might have to be out before then but possibly back before you leave.

Just checking in with you. I came by to talk to you about how things are going forward but it’s 2:00 and I have to leave to pick up my son. Will things be moving forward today?

Quailty renovation
Hey my friend will be there Tommorw

Shawn
Please show up and let’s move this project forward.

Quailty renovation
Of course

Wed, 13 Aug

Shawn
Can you please let me know when you will be in.

I’m trying to be patient Said but this must move forward.

Quailty renovation
What’s your point? Trying to be patient? Weather hasn’t been too well. I shall be there today or Tommorw.

Shawn
I will ask you not to be defensive. Yesterday was fine and you promised to be there but did not contact me when you did not show up. Now you are saying “Today or Tomorrow” after promising that you would be there Today.

Do you understand my frustration?

I am not trying to be confrontational. I am trying to understand that when you say a day that you mean you will be in on that day.

I trust that when you said you will be in TODAY that you will follow through.

Thank you.

Quailty renovation
Tommorw

Thu, 14 Aug

Quailty renovation
I no yoru frustrated so am I I have some family issues to handle I won’t be able to do your project until Monday or Tuesday

Shawn
…Frustrated is an understatement Said. It’s unfortunate that you have “family issues.” I hope that will be resolved. I also have family and other issues WHILE I am doing my job.

I am currently running around trying to do my job with deadlines tomorrow.

I have to visit the Doctor today for an issue.

I have my family with my own issues who I am unable to be around because of others who are not doing things they promised.

I have the insurance company wanting pictures of Finished projects.

I have other house commitments that have to be dealt with this week because of the hail damage and insurance demands.

I understand that you have issues. I do too. You have also assured me that you are a professional and said you would keep your promises. You have others that work for you so please send them to do the work if you are unable to.

Can you do one of these options:

Have your workers come in to work

Come in tomorrow

Hire replacement workers to move this work forward

Thank you.

Fri, 15 Aug

Quailty renovation
Yes I am a pro your fence will be done no later then Wednesday next week

Shawn
And if it rains, will you have time to pour cement for the side posts?

Mon, 18 Aug

Quailty renovation
Yes

Shawn
And if it rains, will you have time to pour cement for the side posts?

Tue, 19 Aug

Shawn
Hello again, I am just checking in with your promise last week on Friday where you said: “… your fence will be done no later then Wednesday next week.”

Tomorrow is Wednesday. Are you still promising for Wednesday?

Quailty renovation
Ya

Wed, 20 Aug

Quailty renovation
Phone me

Shawn
Said – I am downtown right now. I am not near a phone.

I just got a message from my wife who played back the message (you didn’t leave your name so she didn’t know who it was).

What is going on???

It is 10 AM. Today is Wednesday… the day you promised to finish the project.

Quailty renovation
Won’t be fully done today that’s why I was phoning you

Shawn
WILL IT BE STARTED! Will you be coming in? Without excuses when will it be done.

Said, Inform me about Specific and definite Work time, and completion time. A progress report will be filed to Sonnet Insurance on Friday.

Quailty renovation
Will be done Tommorw

Thu, 21 Aug

Shawn
What time will you be starting today?

Quailty renovation
Are you home?

Shawn
Just getting ready to go out.

I have postponed my meetings for today and will be around my home all day. As agreed on the phone I will meet you here for the completion of the back fence and gate and further discussions about the side gate.

Please inform me of your arrival time.

What will be the estimated completion of the back portion so that I can schedule the latter part of my work day.

Said, Why have you removed the fencing materials?

Shawn
Shawn Kinley

(Address)

Calgary, AB

(PHONE)

August 21, 2025

To:

Omar (Said) Gandour

328 Rundle Ridge Dr NE

Calgary, AB

(403) 998-4258

Re: Outstanding Contracted Work – Fence Installation Agreement (July 25, 2025)

Dear Mr. Gandour,

I am writing to formally summarize the current situation regarding our agreement and to outline potential solutions for resolving this matter without escalation.

1. Background

On July 25, 2025, we entered into a written agreement for fence installation work totaling $2,835.00 ($2,700 + $135 GST).

The agreed contractual completion time you set was 2–3 days.

A deposit of $1,000 was paid, with additional payment of $900 made after demolition.

A copy of the signed agreement is available upon request.

2. Breaches and Concerns

Licensing & Payment Structure: Confirmed via Alberta Services that you are required to hold a Prepaid Contracting Licence when requesting deposits. Your requests for payment appear inconsistent with the Consumer Protection Act.

Work Delays: Ten separate dates were promised; only one was fully kept (demolition & material removal) and one partially kept (cement poured/posts set on Aug 6).

Post Misalignment: On Aug 6, posts were visibly misaligned, confirmed with a string line measurement and supported by photos. Misalignment creates structural weakness per Canadian General Standards Board.

Removal of Materials: You removed posts and chain link fencing from my property without consent, after initially denying it.

Recorded Communications: You acknowledged recording a phone conversation. Alongside written messages, this forms part of the documented record.

3. Settlement Options

Option 1 – Partial Refund with Post-Use Contingency

• You reimburse $1,400.

• If a subsequent contractor confirms that your installed posts are unusable (misalignment or shallow depth), you reimburse either:

a) full cost of replacement, or

b) remaining balance of funds paid,

whichever is less.

• After reimbursement and settlement, no further claims or contact.

Option 2 – Full Refund

• You reimburse the full $1,900.

• I will handle removal/replacement at my own expense.

• After payment, no further communication or review submission.

Option 3 – Completion of Work (Not Preferred)

• You complete all obligations in our agreement.

• Final inspection/approval by Sonnet Insurance adjuster or agreed third party.

• No further funds until completion/approval.

• Upon payment of final balance, no further claims or contact.

4. Next Steps

Please confirm in writing which option you will proceed with by Aug 22, 2025. Failure to respond may result in escalation to Alberta Services or small claims court.

Sincerely,

Shawn Kinley

Quailty renovation
I agree with option one but not $1400. I did more than $500 of work.

And also if I agree with option 1 I will only refund when you agree that no reviews will be posted.

We can both agree and stay civil.

Shawn
You have said 1200.

I have said 1400.

So, the midpoint is 1300. Is that acceptable?

Also please be clear about the details of option 1 so that there’s no discussion moving forward.

I am copying and pasting option 1 here with fee changed from 1400 → 1300:

Option 1 – Partial Refund with Post-Use Contingency

You reimburse $1300.

If a subsequent contractor confirms that your installed posts are unusable due to misalignment or shallow depth, you agree to reimburse either:

a) the full cost of replacement, or

b) the remaining balance of funds paid,

whichever is less.

After reimbursement and final settlement, there will be no further claims or contact.

I will be running around all day today between meetings and will check in here periodically. No access to home phone until this evening.

Let us wrap this up today.

Quailty renovation
Call me.

Shawn
It is 11:30, I am travelling to another meeting now.

As I mentioned in my message above, I will be running around all day between meetings and won’t be near my home phone.

Can you please leave your comments and questions here and I can get back to you between meetings.

Thank you.

Quailty renovation
I will send a cheque to your mail. My accountant needs your full name and address, and I need in writing no reviews or further action will be taken.

Shawn
What’s your decision??

Shawn
Hello,

I have had the agreement revised by my advisor to reflect payment methods. Please read the agreement below and you will find the terms of payment which include the information you asked for (Name/Address) and the payment method which will be the same payment method I used to send the money to you through the bank, as well as a time frame for completion of our agreement.

AS per our agreement:

Option 1 – Partial Refund with Post-Use Contingency

You reimburse $1300.

Payment will be issued to:

SHAWN KINLEY

(Address) CALGARY, AB

via Interac direct bank payment at the email address ECOM@SHAWNKINLEY.COM, no later than 1:00 PM Aug 25, 2025.

If a subsequent contractor confirms that your installed posts are unusable due to misalignment or shallow depth, you agree to reimburse either:

a) the full cost of replacement, or

b) the remaining balance of funds paid,

whichever is less.

After reimbursement and final settlement, there will be no further claims or contact.

Quailty renovation
Quailty renovations only refunds by cheque method.

When’s your other contractor coming in?

Shawn
Then I will meet you at your bank and cash the cheque there on Monday before the deadline.

I am meeting with two contractors on Tuesday.

Quailty renovation
Let’s wait to see what they say. My posts are good, but I feel better to see what they say.

Shawn
I will ask you to abide by the agreement. The agreement stipulates Monday payment so that I can move forward.

Thank you.

Shawn
I was just informed that you phoned my home phone number.

As you will probably understand, our conversations are best kept in a way that we both are clear and have a record of communications. I have been advised that this is best for both of us.

Can you please tell me what you were calling for?

Quailty renovation
Everything can’t be your way. You can’t force me to only do what you want.

I will send $1300 but this will be final. I will send you a cheque and we are both clear and it’s solved.

Shawn
Subject: Finalizing Reimbursement Arrangements

Hello Mr Gandour,

I believe we’ve both worked hard to find a middle ground, and I appreciate the efforts so far. My goal is to finalize this matter fairly and efficiently for both of us.

I understand that you prefer to issue a cheque, and I want to note that choice you have raised. However, due to safety and certainty on both our sides, I need to ensure that payment is secure and verifiable.

To that end, I am happy to accept one of the following options:

Cheque issued and delivered directly at your bank, where I can immediately cash it.

Bank draft / banker’s cheque.

Interac e-Transfer (the same method I originally used to pay you).

Direct bank-to-bank transfer.

Certified cheque, delivered in person or at your bank.

If none of these work, I am open to Alberta Consumer Services facilitating.

Please confirm which payment option works best for payment by Monday at 5:00 PM.

Sincerely,

Shawn Kinley

Quailty renovation
You’re not understanding — I’m out of the country until Sept 17. That’s why it has to be cheque mailed by my accounting firm.

If you want your refund, I’m happy to send it ASAP and we’re all done. If the cheque bounces, go ahead and start your actions and I will too. That’s fair.

Or if you want cash, you have to wait until Sept 17–18.

Shawn
Just to be clear, when there is mention of legalities, it is because I have legal counsel reviewing my communications so that everything is fair and above board.

With payment, I have never asked for cash. I am willing to make concessions again on payment so that the deadline of Monday Aug 25 will be met.

I will meet you at a public location and accept hand-delivered cheque. I agree that if the cheque does not clear, I will proceed with Alberta Services and small claims.

Please indicate where and when you would like to deliver the cheque.

Quailty renovation
I just told you I’m not in the country. You have to wait until I’m back after Sept 17, no later than Sept 19.

Stop threatening with court and Alberta. I can call the city and say you’re building with no permit.

Shawn
Our agreement was $1300 by Aug 25 at 5PM.

You only now say you’re out of the country until Sept 17.

If you are honest, then do as you said — have your “accounting firm” prepare the cheque. Send it by registered mail so there’s no chance it gets lost.

I am not threatening you. I am telling you the steps I must take if you don’t follow through.

Quailty renovation
Read your messages. I told you I’m out of the country. I will contact them tomorrow and see what can be done.

Shawn
I have read your messages and noted today as the first mention of being out of town.

As you said, have it mailed by your accounting firm.

Shawn
(Registered mail. Or have “them” contact me to pick it up.)

Quailty renovation
I will be registered.

Shawn
?? What do you mean you will be registered?

Quailty renovation
Cheque will be sent registered mail.

Shawn
I will wait the 2 days Canada Post takes to deliver Registered Mail.

(Canada Post Registered Mail delivery: 2 business days for local delivery.)

Shawn
I have a question from one of the potential new workers. Do you still have the chain link that you took? He said he could purchase it if it is already available. (Also if there are gates already purchased.)

The second fencer is asking me why there aren’t “terminal posts” on either end of the posts.

Quailty renovation
Nope, I don’t. I’m not working for free and giving you material. Terminal posts are for commercial use

Shawn
And to confirm, you have sent the cheque by registered mail?

Quailty renovation
I believe he did. I just texted him.

Shawn
Just to be clear, it was my chain link and posts you took on Thursday before you said you didn’t want to complete the job. So it’s not like you would be giving me “free” material, as I have already paid for them.

And if you give me your “accountant’s” contact information, I will be able to contact him for the registered mail number to track it with Canada Post.

Thank you.

Quailty renovation
I took no posts so stop lying. Your cheque was sent — that’s all I can confirm.

Shawn
The top railing that was with the chain link.

Quailty renovation
You’re getting the refund back, so stop it.

Shawn
Still waiting on the cheque until tomorrow.

So while I am waiting, I am trying to source materials for my workers — and considering you took the chain link and railings before you quit, that’s why I am communicating with you as my payment paid for those.

Quailty renovation
Listen here you fool. Stop playing dumb games on me, understand or no?

I’m going to stop replying to you. We sent a cheque for $1300 and we also did $700 worth of work.

I don’t care about you or your new fake-ass contractors on site.

Stop saying I took and I took. I left your job because you need a permit and you wouldn’t get one. You broke city codes, so do not contact me anymore.

Shawn
WOW… You know that’s a lie.

When you said you would be in at 2:00 last Thursday, you actually came in and took the materials off my property.

Then on the phone when I confronted you, you said someone else stole it. When I mentioned my neighbour’s camera on the back alley, you admitted you took it and didn’t want to work with me.

Earlier in the written conversation you said that you no longer have the materials. Whether you sold them or returned them I do not know, but it is still reality that you came onto my property.

Go through our dialogue and tell me where permits were ever discussed.

It will be good not to have any more dealings between us.

Quailty renovation
I’m not worried about you or cameras. I do what is necessary and right. You talk lots.

Shawn
When the work is finished, you can write a review for the job.

Quailty renovation
Shawn did you get the cheque?

Shawn
Hello Said (Omar) Gandour,

As of Thursday, August 28, the cheque you promised to send by registered mail has not arrived, and the deadline we agreed upon has passed.

If the cheque was mailed, please provide the registered mail tracking number and receipt immediately. Without proof of mailing, I must consider that the payment obligation has not been met.

If I do not receive confirmation and verifiable proof within 24 hours, I will proceed with filing a formal complaint through Service Alberta and pursuing reimbursement through the Provincial Court of Alberta (Small Claims Division), as well as post a thorough review and account of our interaction.

This is my final opportunity for resolution before formal action.

Sincerely,

Shawn Kinley

Quailty renovation
Hi, it’s a long weekend. I promise you will get payed.

5:05 PM