Lien by a contractor
12/5/2017 at 10:44:44 PM
I am a contractor in Ontario, have very good repute in the town I work. I am trying to keep my story brief so please excuse my writing skills, and please guide me in this regard.
I took a Basement renovation job with reference of my friend, I sent them the quotation and schedule of payments (stage by stage) by email, they wanted some change, I revised it and resent it to the home owner. They verbally approved it. No written agreement was done!
Work started, Framing HVAC, Insulations, 5 new Windows, 1 Exterior door, Underground and above ground plumbing, electrical were completed and passed by the inspectors from the town. From the very first payment they were a bit hesitant mentioning they are investing in their new trucking company, and have to buy new trucks to add to their fleet,but they will have money to pay us at the end of the project. I told them we can't work like this, and better to stop the work for now till you arrange the cash flow for the project
They kept appreciating the work and requested us not to stop and they will pay us the money after completion of the next stage (Drywall), We did it.
Once again they couldn't pay the money saying they will be able to do that after the next stage. I picked up my stuff and left. They owe me 9500. I sent them a text after 2,3 days that if they will not pay me, i will start the next job in line, and they will be responsible for the delay, and I will put lien on their property to recover my hard earned money.
After one day I got a call from the detective that a complaint has been lodged against me that I have stolen 6k from the bedroom of the homeowners. I was shocked, went straight to the police station, told him the whole situation. He reported in my favor. I never had these kind of customers before, never wanted to put a lien, but after their complaint now I want to pursue it.
The customer couldn't accuse that the work wasn't up to the mark because the city inspectors were there to inspect the quality of work.
The customer couldn't say that the contractor took more money and didn't complete the job because we signed the paper as we collected money .
The customer couldn't complaint that the work was lingered on and the contractor delayed the project because it went as per schedule.
I never had these kind of customers before, never wanted to put a lien, but after their complaint now I want to pursue it.
12/6/2017 at 2:05:25 AM
It happens my friend. Unfortunately we contractors can't register lieans at land registry office as we used to for $60 anymore.
It have to be done by the lawyer from last September.
You're case is easy and you will not have any problems.
Olga - 4162262342
Jurianz & li lawyers
I always use her services, they only deal with construction cases. Strongly recommended.
Tell her you're from Aleksei - Alta and she might give you a little discount.
Good luck
12/6/2017 at 6:07:28 AM
Never do any work or extras without it documented and dated and signed on every single thing that is asked to be completed by customer as well as a price that you agree soon and signature with date .
And I'm sorry to hear that this happened to you. I have had almost the same situation happen to me . And then I had it tried again and again and always from the same type of people! I'm not racist but there are a few types that try every angle to get out of it .
I'm sure you understand what I'm saying .
I just stay away from those people. Even if the money was double for a job, it's not worth the headache .
12/6/2017 at 6:43:59 AM
It seems to me that you have done everything right however placing a lien on the project does not get you paid for you losses,get yourself a lawyer and proceed with leagal action. Don't wait.
12/6/2017 at 8:16:47 AM
Unfortunately, this is the situation sometimes with the clients.....Most of the times people are blaming contractors however sometimes it's even worst when it comes to the customer. No other option is to try with any collection agencies first to avoid any more losses paying to a lawyer, otherwise you have to find a good lawyer who deal only with such situations.
This is happening and any of us could face it at any time and we have to deal with it??
12/6/2017 at 1:06:50 PM
Unfortunately, some of us do give people the benefit of being taken advantage of through our kindness and trusting of others. You seem like a good person willing to trust someone who has taken your kindness beyond what a businessman would or should allow. In hind sight, you should have stopped at the first sign of money flow stopping.
By reading your side of the story, the homeowner is in the wrong and the only thing you can do is start legal action on their property. They could have cameras in the home so hopefully there is no evidence of theft from their home.
Do you have photos of the project stages?
Do not wait any longer to seek legal advice and ensure you have all your paper trails on hand, emails, texts, etc and hand them to a lawyer.
This is a slow process, so anything you can do to speed things up will get you on the list for a court date sooner rather than later. Some of these smaller claims lawyers wont touch anything if they are under $5000. Good luck
12/6/2017 at 1:19:52 PM
Honestly I've only had a similar issue once . By the stage where where i was ready to pour the concrete i was told inwould be paid for any work thatbwas done prior. I let the job sit for a day and I worked out a monthly payment plan. The total cost was $7000.00. Fortunately for me they followed through. I was told to put a lien on the property also but the whole process can get exhausting and stressfull.
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