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Not getting paid - what can I do?

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Posted by: from Calgary
3/9/2021 at 10:35:57 AM

Hey guys. Can anyone tell me what are my options in Alberta if contractor doesn't pay me? Did a basement for him (taping+sanding) and he's delaying payment every time I get a hold of him. He sent me 25% of agreed quote and now doesn't answer.

REPLIES (8)
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Date/Time3/9/2021 at 11:04:16 AM

Are you an employee or did you subcontract? Do you have a verbal contract or written agreement? Can you threaten to sleep with his wife and will he believe it? ... all jokes aside. Small claims court or labor relations board of some type is your best bet. Unless you have family in the mob you best go to court. Warn him in writing of your intentions and give him 7 days to settle your debt. Then file in small claims court

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Jack Rabbit Contracting in Edmonton
Date/Time3/9/2021 at 11:08:49 AM

You can place a lein hold on the property you did the work for. this ends up going to the person who owns the building you worked in. Make sure all your ducks are in a row first i've only had to do it once and i also spoke to the customer first that their contractor was not paying his trades and they were understanding that i had to do the lein. i do suggest trying to resolve this with the contractor before you do it. Leins don't reflect well on anyone and in the end you all lose a bit. Leins typically cost 100-250 to file.

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Matt in Calgary
Date/Time3/9/2021 at 12:14:38 PM

Thanks for the answer. We have a verbal/written agreement (calls/texts). Already told him and the homeowner I'll file a lien if he doesn't pay by today (I finished work last week) but neither he or homeowner obviously doesn't give a fuck about it

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Date/Time3/9/2021 at 12:49:50 PM

You always have an option of a lien. I am in Ontario so I had to look up Alberta. I found this it may be helpful?

https://financialpost.com/legal-post/alberta-court-ruling-means-subcontractors-and-suppliers-should-file-lien-claims-without-delay

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Date/Time3/9/2021 at 1:02:40 PM

As others suggested , file a lien on the property you worked .

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Date/Time3/9/2021 at 5:32:48 PM

Put a lein on the property. And sue them in small claims court if it under 15,000.00 owed.

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Date/Time3/9/2021 at 7:56:16 PM

Matt, the lien is a good idea and also you could/should advise him the a review with the Better Business Bureau would be printed if an adequate reply isn't promptly received. Provide him with specific dates. Pay be --- or this is what will happen.

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Dennis from Custom Touches in Winnipeg
Date/Time3/13/2021 at 6:04:28 PM

Immediately place a lien on the home. Timing is important. He is stalling until he gets paid from his customer. Then you would have little recourse.he could take the money and run.

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