Name: Green Circles, Received: May 05, 2015
Complaint: On 19/09/2014, we concluded a sub-contracting agreement with Construction-PMP Co., owned by Ms. Ileana Negru, to implement a paving design for Durham College. The paving work was started on October 17, 2014 and was completed on October 30, 2014. The provisions of the Agreement (page 2) clearly indicate:
"The contractor hereby agrees to pay subcontractor, for the aforesaid labour and equipment after the owner of the project "Durham College" will pay contractor or within 45 days (forty five)after completion. "Accordingly, our invoice No. 14-9617 was mailed to Ms. Ileana Negru on October 30, 2014. After repeated requests for payment, on November 25, 2014, after the passage of 26 days following our invoice, Ms. Ileana Negru advised us that there were faults with the work done and that the College management had blocked payment until such faults were corrected. In a meeting with Ms. Ileana Negru at the Durham College site on December 2, 2014, the faults in the work were explained to us.
The faults were corrected on December 5, 2014 despite rough weather and she was accordingly advised by e-mail on December 8, 2014 she responded leaving us with the impression that there remained no more grounds for payment blockage. She advised us that our cheque was in the mail. Subsequently, on December 17, 2014, we received the cheque No.52 for $12,000.00 through the mail.
Given the shortfall in the payment, we inquired about the date when we could expect to receive the balance. In the meantime, we deposited the cheque to our account with RBC. On17/12/2014, however, we learned that Ms. Ileana Negru had stopped payment of the cheque when it was returned to us.
Thereafter, she returned neither our phone calls nor our e-mails. Hence, we decided to contact her somehow to find out the reason for non-payment.
In this attempt, we called at the address on the returned cheque. Unfortunately, we found that no such company existed at that address.