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How to 'encourage' contractor to finish work?

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Posted by: from Markham
10/25/2016 at 5:21:15 PM

It looks like contractor lost interest in the project.

I have 2 parts contract going on... all in writing and not paid for (just small deposit).

Part 1 has been finished but there is a problem that needs to be corrected (installation date specified on the contract)

Part 2 was supposed to happen after Part 1 (no delivery date on this one)

More than a month passed since work on Part 1 has been done, problem reported and acknowledged by contractor. Since then, complete lack of interest and pretty much silence.

At this point I would like to cancel Part 2 and hire someone else to correct Part 1.

Can 'Deliveries are not made on time' of Ontario Consumer Protection Act be used as a base to terminate Part 2?

What about Part 1 - majority of the work has been done after all and I am not sure how to deal with it.

I think the first step would be to send registered mail to the contractor giving him reasonable deadline (1 week?) to complete all work or both parts will be canceled and the cost of fixing Part 1 will be deducted from the amount I owe them for Part 1.

I really don't want to go to court.

Thanks for advice.

PS. Sorry for confusing title, can't edit title.

REPLIES (4)
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Date/Time10/25/2016 at 6:14:52 PM

I believe that your idea to communicate through registered mail is a good idea explaining to the contractor that part 2 has been awarded to somebody else and that the deficiencis needs to be cleared up as it's been blank amount of time since part one has been done and if it's not cleared up by a certain date you will have no choice to hire a contractor to come in and fixed them. Then the bill will be paid out of the remaining balance owed on part one. I wouldn't think there is a problem wth part 2 since there was no delivery time.

I hope this helps.

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Date/Time10/25/2016 at 6:29:02 PM

I Would send the mail as you have stated to the contractor. Contact by email, and give him a final opportunity to make things right. If they chose not to comply, then you should find another contractor to finish the work, and not pay them at all for the work done, as the contract was voided by the contractor. No communication, no work being finished.

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Date/Time10/25/2016 at 6:33:35 PM

I am sorry for your experience. As a contractor, i highly value my client experience with me. It is a very bad practice to leave client in the dark.

I would suggest to have a final conversation with him. Have him to fix part 1 and tell him that you would like to terminate the part 2 contract and ask for deposit back. Take a stand and be straight to his nose that you will do anything to enforce the contract. If he still ignore you, go to the court and review on them on internet. If the contract specify procedure to deal with problem, follow that first. If it doesn't work, go to the court route.

Hope that helps,

Richard

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Date/Time10/25/2016 at 10:31:03 PM

Sending a letter documented and I would give a couple weeks so it shows you where more than willing to work with him 1 week might seem kind of rushed in the courts eyes from my take. You definitely have every right to start seeking other routes to get it finished and should not ever have to live in an unfinished home.

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