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Canceling the contract

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Posted by: from Toronto
5/17/2016 at 11:04:49 AM

I contracted out a renovation project but decided not to move forward so I had to cancel the project 8 weeks before it starts.

The contractor is threatening me to go to court. I'm wondering is the claim valid? He is asking for 3000 for holding the time spot for me, despite giving 8 weeks of advanced notice.

I only signed a quote not an official contract. On the quote it does not talk about contract cancellation. I did not receive a copy back with the contractor's signature.

Thanks!

Jeff

REPLIES (12)
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Date/Time5/17/2016 at 1:04:22 PM

Contractor can't do anything. This is what deposits are for, I wouldn't schedule a job until owner pays deposit. If this was my case I wouldn't have returned a deposit back to you and would be right.

If there's was no deposit, you can say no anytime.

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Frank from DCL Group in Toronto
Date/Time5/17/2016 at 1:05:06 PM

Good luck to him.. unless he pre-purchased specially manufactured finishings or had something in his contract that you signed addressing - contract cancellation or mobilization costs... the judge wont waste the time.

Don't get bullied into it - FEAR - False Evidence Appearing Real.

Cheers

Fraank

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Date/Time5/17/2016 at 1:48:51 PM

If it's not an official contract & there is nowhere stating information on the contract like, "if you choose to cancel the renovation and only provide a 2 to 3 week notice, you will have to pay a penalty of 20% of the contract amount". If there is nothing stating in writing the do's & don'ts of the contract & you didn't sign off on these agreements then I would say that you are safe, if they purchased material already that might be the only thing that they could have a point on but to be honest it is very costly to bring someone to court and most judges usually side against the corporation since they look at the client as the "small guy who's being taken advantage of".

If they want to spend money bringing you to court which I highly doubt they will I still don't think you have anything to worry about but you could always seek council, most lawyers will provide a 30 min free consultation. You could get them to look at the contract & give you there thoughts.

I hope I was helpful & good luck!

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Date/Time5/17/2016 at 1:50:03 PM

Call the contractor that built your house.

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Colter from Colter Renovations in Oshawa
Date/Time5/17/2016 at 1:52:27 PM

I would not be worried, it happens all the time. I'm sure he is upset but unless you signed a contract with start date and a cancelation fee clearly stated you are not liable for anything.

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Donald from KCMC Inc in Burlington
Date/Time5/17/2016 at 1:52:44 PM

Dear Jeff,

If you had signed a full contract (CCDC) and a cancelation clause had been added, then you would be liable for a cancelation fee.

If the contractor has incurred expenses directly related to your project eg. architectural fees , City fees, special materials deposit/cost paid in advance, then you would still be responsible for those costs.

However if the contractor is only claiming lost opportunity then he has no claim.

Hope this helps.

Regard,

KCMC

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Date/Time5/17/2016 at 2:02:27 PM

You need to both get things on track. Check your facts as a client or contractor rights states.

I would personally laugh at the contractor and say if you can't find work in 8 weeks to fill this time frame there is something wrong. 8weeks is lots off time same with 15 days

All depends on the agreement terms within accompanies policy if these are not set it suck to be in business but great for a client. Look into your local area laws thru Google. Type exactly what you're needing.

Cheers,

Ian Byng-Jewett

All That Contracting

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Date/Time5/17/2016 at 2:51:52 PM

As long as you did not pay any deposit, there is nothing to worry about then.

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Date/Time5/17/2016 at 3:03:27 PM

No contract, no deposit... no job.

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Brad from Design Mind in Calgary
Date/Time5/17/2016 at 3:52:30 PM

Hello Jeff,

This would only be a consern if you had a signed contract. Eight weeks out is plenty of notice for cancellation. With our business this would cause a concern 14 buissness from start date mostly because materials would have been ordered and restocking fees would apply. As to threating you with court over a quote, that wouldn't stand so let him try. We look down on that as it reflects badly on the industry.

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Steve from Proka in Montreal
Date/Time5/17/2016 at 9:46:41 PM

I wish someone would cancel me !

Lol

I need a break!

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Date/Time5/22/2016 at 11:21:12 PM

Jeff,

Unless there were terms and conditions on the quote as well as a mutually agreed upon start date, and no preliminary work has begun at your house to set any written or implied contract in motion, then your 8 weeks is more than enough notice to cancel your project. I would contact the BBB about this contractor, and be happy that your house wasn't half torn apart when you found out what kind of person you're dealing with.

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