I signed a contract with on 7 June, 2012 for $35,000 to renovate my home. Subsequently additional work for $5,000. I checked Insurance, company registration, WSIB and references. It has been 3.5 months and till today nothing is complete. Major work not even started. I have paid him total $23,000 ($22,000 by cheque and $1000 cash). I have all receipts and signatures for payment.
Yesterday he came with his worker and removed all his material and tools. Left all the garbage, incomplete and shoddy job. Stole and damaged my tools and damaged my drive way, garage door etc....
I understand probably did not pay his workers so used around 15 workers, whenever any worker asked for money the contractor gave excuse that he was not paid by me. He even changed his phone number to avoid calls for payment.
It appears to me he has abandoned my project as he has received sufficient money from already. Please advise what are my options. I shall be happy to send any more information or documentation you need.
Thank you for your attention.
You should immediately take him to small claims court (which is up to 25 thousand dollars plus court costs, interest etc).
Contract should state all his information- so you're covered on this part. It is actually very smart for you having this contract.
Bad part is if he leaves the country court can not do nothing. And if he has no money or assets to take court can not do nothing. Small claims court is very easy procedure, anybody can handle that. You file your claim, then you go in front of judge and just explain what happened, provide your contract and get a judgement in return.
In regards to finishing your projects- well you have to bring other contractors and see what they say.
As you already know, you have been scamed. The police can't help because he did some work, therefore it's not fraud. Small claims court has a 10,000 limit, so you will have to hire a lawyer and sue him in civil court. Unfortunatley there is not much consumer protection in Canada.
Why are you contacting me, if this problem is not with me, My company is Tiburon Construction. Maybe you got the wrong person or company? Sorry to hear about your problem though.
My name is Julio
Sorry to hear your problem.
I do believe that if you singed a contract for him to supply the material and labour for the renovation then any material delivered to your property is know yours, especially if you have gave him and funds. And if he took anything of yours or damaged any of your personal property you should be in a position to legally have him charged with theft and destruction of personal property. I am not 100% positive but it might be worth looking in to.
So bad I fill sorry for you when most of the people who hire a contractor they never check for reference.
You did some, but you don t check if they have a business address. Not only a Po Number and PREPAID phone and a business card.
In the end you get what you paid, you don't compere apple to apple, probably and I am sure the price was a big factor for you to hire a contractor.
The people which one you see at your home are not his worker they are subcontracts, other bunch of idiots when they go to a job they buy a jobs. Their price is very low, they invest their own money from credit card or credit line and time and effort, and they think I be paid they are the second part of the people which one they destroyed the market.
1. The gas is high
2. The home is more and more expensive
3. The cost of living is higher and higher
4. ALL THIS FACTORS THEY GO HIGY AND THE PRICE GO LO AND LO BECOUSE OF SOME IDIOTS THEY NEVER DO THE MATH, THEY DON'T KNOW 1 + 1=2. THEY CHANGE 10$ ON PENNY AND THEY THINK OF MY GOOD I HAVE MONEY.
This is the problem probably, yours contractor he spend more for everything and he walk away because he realize he spend all your money and additional his own money on job cost and he didn t charge enough.
I would go to the BBB Better Business Bureau. I am a member of this group and I know that they have your back when it comes to shoddy contractors. In Alberta I was told it is illegal to ask for any money without work being done. Not even a deposit. Check with your local BBB and hopefully you will get your money back.
You may be in a bigger mess than the bad work this guy did for you, if he has not payed his subs for the work they did THEY can place a lien on your property, it is your responsability to ensure the GC has done that.
Where did you get the name of this guy from?? If it's from handy canadian they have a report you can fill out.
Good luck with court if he has no money you won't get anything from him believe me, take it from a guy who knows, sort out the mess he left and move on with someone that can finish the job, be prepared for bigger numbers than you were originally quoted however as NO professional likes to fix other people's messes.
You said you checked his insurance. If you have a copy file a claim with them or call your insurance company. It sounds like small claims court may be futile but file a case with them, it is most likely you will get default judgement and them you can chase his assets.
I notice by your comments that these people have hurt many others in the process. This needs to be identified as a crime and dealt with in a more severe way. It's fraud and no different then out and out robbery.
I experienced similar fraudulent behavior with GSA Construction (now bankrupt), here in Ottawa. Your experiences paralleled mine and project the same signs of a crooked contractor who has already got both feet out the door. (they deliberately bankrupt their business). By the time you get to them in front of a judge in small claims court (now $25,000. in Ontario) they will protest that the business is bankrupt (they are broke )
You'll know this is coming when you see these signs. 1.) Their lawyer will be a student lawyer sent by the Law Society, instead of a proper lawyer. 2.) Many subs will be after them. 3.) Everybody will advise you to forget getting your money from them. 4.) They have insolated themselves from any further liability or access to their holdings or assets.
These kind of people are habitual offenders and need to be publically identified, and listed so both the public and sub can be warned about their histories. The next best thing is to make sure you ONLY DO BUSINESS WITH ACCREDITED BBB MEMBERS.
There is one saying that holds true in every renovation situation THE PERSON WITH THE MONEY IS THE PERSON WITH THE POWER If you give away your money you have no power!!
My company does not take deposits on jobs under $6000 and only 10% on jobs over. We invite all customers to go see one of our jobs and visit our factory which I inform them I own! We give copies of insurance and WSIB #. I inform them I am not a member of BBB, because I dont want to pay for it!!
I tell customers that if they are not happy with the results they dont have to pay for it (Im not kidding!!)
If they are not happy they can have someone else redo the job and upon returning my material i will refund any monies paid!
Dispite all these securities the fact is I still lose 50% of jobs I quote to amatuers who work from there Vans
REASON PRICE. I cannot provide the best service and the best product for half the money!!!
How many people priced Your job and how did you choose him, was he the lowest quote?
For every bad contractor there are 3 good ones !!!!!!!!!!
I'm a little late with my thought on this situation but I would start by saying that Neil from North York Renos has given you the best advice. I would call your lawyer today and have him search title on your property and see if there are any registered liens by individuals that have not been paid by this GC. To register a lien is not that big a deal for an expereince supplier or trade that has not been paid.
If you have a mortgage on your property the holder of the mortgage will likely inform you to either pay the lien off immediatly to protect their position on the property or to bond the lien into a court if you don't agree with the amount but either way it is going to cost you the amount of the lien.
It is a very unfortunate position to have yourself in particulalrly when you don't have a finished product. There are a lot of unsavoury Contractors out there and unfortunately it looks like you've come across one.
Aline General Contractors Ltd.
Sorry to hear that. 23000 dollars is a big amount i think you should take legal action ASAP.
Next time if he shows up. call the cops without letting him know.
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