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Can a contractor backcharge on a project for messing up his schedule without a timeline stated in contract?

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Posted by: from Toronto
2/25/2017 at 1:37:49 PM

I have been working with a contractor in Toronto. I am working on a few projects but have always had a tough time with them keeping their records straight. They asked us to do some hourly work but when they didnt pay on the day they were supposed toI pulled my workers off the job. Now he's threatening a $2000 back charge because his schedule got messed up. Does he have a legal stand point with this threat?

REPLIES (4)
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Date/Time2/25/2017 at 5:20:48 PM

No he can not back charge if he failed to pay you on date agreed. I would do the exact same thing as you, pull my guys off the job till I was payed. His schedule has nothing to do with you, if he was on a time then he should have payed you as agreed. How much money does he owes you altogether? I'm going to assume more then 2 grand.

At this point from what you've said your the one with the legal stand point. The balls in your court my friend.

Justin

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Adam in Toronto
Date/Time2/25/2017 at 5:33:30 PM

They owe me over 30k between 3 projects. This project in particular they asked me to send guys to do hourly work to help with a project I never worked at before. The money supposed to be paid was for other jobs.

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Date/Time2/25/2017 at 6:36:00 PM

He could back charge for that but only if the contract allowed for it, or if the delay in work was substantial and/or unnecessary. By the sounds of it you're in the right, However many contractors (especially the big ones) will make you fight them in court for that money. I'd suggest you finish the job and be very pleasant about it. Do NOT sign anything saying you have been paid in full and don't bring this up again. When the job is done and the last check has cleared, place a lien on the job. :D

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Date/Time2/26/2017 at 11:59:13 AM

Hi Adam,

Yes I totally agree With Justin. If he owes you that kind of money and depending on how you have your payment schedule written up in your paperwork with him, pull your guy's off the job until he pays up for what you have done to date. His schedule is not your problem. Unfortunately if you do not have any type of payment schedule written into your Original Estimate or Contract that he agreed to then you may just have to complete the work a hope he pays you at the end. Your word against his.

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