Shoddy bathroom job with no contract
5/30/2017 at 8:23:15 PM
We hired a local handyman to subway-tile our main floor washroom and master bathroom. We do not have a signed contract. His wife sent emailed me a quote of $3000 (even after I told her that my husband already did the demo). She said the work would be done in 3-5 days. Tomorrow will be the 5th day, and the work is not even 50% started. I emailed the contractor saying we were not pleased with the time frame or the quality of the work and offered to pay just for materials. He then invoiced me for $2500. I do NOT want to pay for this. His work will have to be torn down and re-done completely. Can I invoice him for damages? What are my options?
5/30/2017 at 9:15:41 PM
Do not pay him anything hire someone else. Take him to small claims.
5/30/2017 at 9:18:41 PM
no contract was signed, it is hard to allow for anything really. I hate to say that people should know better, but unfortunately without a paper trail or proof of contract, neither side could win much of anything in a legal battle. Small claims court could be the worst case, but without all the details on who bought what, before, during and after pictures, plus materials, travel, on site labour costs, it is hard to claim either side is in the right or wrong. Your word against his, etc. I have seen many contractors do perfect work only to be criticized by over-critical customers who think everything must be 100%, but unfortunately that is not the real world of handymen (handymen are not trained professionals in one trade, but rather people who are fair to good at many, but in saying that I know some handymen that outshine skilled tradesmen!!), without some kind of reference to what he has done, or what the conditions were prior to him starting could leave many things to discrepancies in his/your word. You should speak to a paralegal if you feel you are in the right.
5/30/2017 at 9:21:37 PM
Hire legal council have them send the contractor a notice to end verbal agreement, take your loss and hire a repeatable contractor and sign a detailed contract. Done
5/30/2017 at 9:27:57 PM
The Ontario Provincial Government website has a good amount of information on this. Go on to the website and search for renovation contract there should be something on there about exactly this.
Unfortunately, another case of no contract. Don't let anyone touch your house without a contract. I would bet there's no business insurance either.
5/31/2017 at 1:57:28 PM
Thank you all for your advice: I've spoken with a contractor and a lady from small claims court. They were also very helpful. I've taken about 50-detailed photographs of the work, but up close and from afar. I've itemized and dated the photos.
Thankfully when my husband and brother did the demo on the bathroom before these guys came, I took photos. I took the photos more for fun, but they'll be of use now. I wrote down the hours this general contractor came everyday.
He sent me another invoice, this time detailing the work. He's been fraudulent with the hours he posted that he was here. He also accounted for the other guys being here the same amount of time, when that was fraudulent. They all left early. I found an email from his wife that gave a basic quote with "$3000 cash" at the end. In the invoice he sent to me, he added HST (which wasn't agreed upon).
Then...his wife sent me a text this morning saying the following: ""Hi, Did you receive the invoice I sent last night? I charged you by the hour for the guys not as a package deal as per estimate. T----- will be by today to collect his things. Will you have payment for him by cheque as well?" I haven't responded to any of their texts or emails. The only response I texted was to tell the general contractor that his belongings were bagged, and placed on our front porch. (I itemized the belongings and also took photographs of what was in the bag).
I can't seem to add photos on this website.
6/1/2017 at 8:17:21 AM
Hi,
My opinion is just try to ignore what they are sending to you and simply you can just respond seriously and telling them if you do not stop texting or emailing me i will have take a legal action against you. Do not worry as they do not have much to do. Small claim court is kind of wasting the time and headache. Try to find another good contractor with references and finish the job.
6/1/2017 at 8:29:18 AM
Good advice Mike. I'm learning because he gave me a "CASH ONLY" quote, that if either one of us tried to bring the other to court, it would just get thrown out....because having no contract is illegal. Who knew? I guess he was trying to backtrack when he sent me an invoice with HST added onto it. I'm hoping the paralegal calls back today (I left a message with him yesterday). But I'll call again myself. This was definitely a learning experience.
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