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Suing general contractor who did not pay trades

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Posted by: from Welland
12/7/2017 at 8:16:57 PM

I hired a general contractor for a building renovation, he did not finish the job, he got about 90 percent of the cost to finish but the job is only 50 percent done .

He abandon the job and did not pay the trades big money. The trades (who i do not know )put liens against my building.

Can I sue this contractor, if any, can I recover any money that I paid him for the job that is not finish?

Also what to do with the lien?

REPLIES (2)
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Date/Time12/8/2017 at 8:25:55 AM

Hi Warkaa

Yes, depending on how much it is. First , get all your paperwork, Original and or revised Estimates, Emails, text messages together.

Be extremely clear with yourself that certain

things as DISCRIBED in the Estimate has or has not been completed. Shop around for a proper lawyer that specializes in Construction

disputes, lien etc.

Good luck

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Date/Time12/10/2017 at 10:37:43 AM

Hi Warkaa

I feel for your situation; this unfairly brings you into the fray between General Contractors and the Tradesmen. In the 30+ years I have been in business, this was virtually unheard of, but with recent huge price increases in property in the Niagara Region (especially in Welland) I am hearing of this more and more.

Unfortunately the even the good General Contractors are having trouble finding Tradesmen because of many of them taking advantage of both the client and the Tradesmen. The real victim in this is often the client because according to law, the Tradesmen have the right to lien your home and to clear it up the client will have to pay the amount owed (either through direct payment or through civil litigation; which it seems to be the route you are taking).

While companies cannot afford to take a loose on a job too often, at least they have the recourse to write it off , where the client does not have that luxury and could potentially end up paying twice for the same job.

Good luck with your journey. As suggested, try to find a lawyer who does this regularly and who can guide you through the process. Also it is best to do a cost comparison as you will incur costs for this regardless of the outcome; if the General Contractor is broke or has disappeared and if there is no one to place a judgement against you will not recoup anything and it will simply cost you more in the end.

John Kuehnl-Cadwell

Master Electrician

Datawise Solutions Inc

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