Hello, we have a CCDC contract with a client to build his house. The client was acting has the general. The were severe structural modification done to the basement: used of pre-fabricated steel wall (structure was designed by engineering firm with standard laminate LVL & beams). The client decided to use H beams instead of LVL as specified. Weigh sited on those walls (load point), was much more than the specs. Client did also not info this engineering firm of the exterior (basement & upper floor) material finish weigh load (22 lb/sq. ft.).

The client purchase cost for exterior material (building envelop) cost $195,000, this is material only. Basement/ pre-fab foundation wall was partly assembled by supplier/ manufacturer included in their pricing. We started assembling pre-fab wall systems (main floor wall & floor cassette, roof truss), interior partition, roof shitting (OSB). We also had to repair the poor installation of the foundation walls.

Came first draw: we had invoice for ground work, prep work, foundation wall repair...$86,000. We were paid $39,000. Client told us by e-mail bank did not do proper evaluation, which sometimes happens. Was told the difference would be paid on 2nd draw.

We continued shell assembling. Completed house part. During completion of this phase, our project manager infer the client to start informing their bank of the up coming necessary draw (+/- $280,000). I decided to call personally their bank: I was inform the bank had ready paid $212,000 for first draw and now the client has to cover his 30% of the cost.

I did inform the client of this information I receive. They terminated our contract without paying. I filed a proper builders lien (for total amount of contract $645,000) through a lawyer, a friend of mine. Now, I was inform by my lawyer that he will walk out the case du to unconfort in the case. He his not a construction lawyer. I was inform by my lawyer yesterday afternoon that the other partie lawyer will try to break our builders lien next week, August 15.

With no lawyer 5 days before the court date, what can I do? I've already contacted trustee for information about having my company under 'bankruptcy protection'.
We have contract sign for $10-15 million starting in 2 months. All our cash flow is cone du to this un-paid job.

What can I do?

Patrick Houle, president
FREX Construction Inc.
1-XXX-XXX-XXXX

Optional Information:
Province/Territory relating to question: Alberta

Already Tried:
discuss with client to resolve matter in a respectfull way. Was inform by them by e-mail they had taken the first draw to apply it on another mortgage & personal expense... After been told these information, I filed a builders lien to protect my interest.