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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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A "handyman" had s cocaine dude sub-contractor do some renos

Customer Question

A "handyman" had his cocaine dude sub-contractor do some renos but his price kept increasing. The person who referred him, said this "professional" would do the work. He was never here. He refused to give estimate or contract ("you don't need one"). Nightmare - subcontractor did shoddy work, left house complete mess, no-shows, had to have some work redone, plugged sink plumbing with cement/grout (costly). He wanted cash only & was overpaid for poor work that was done (according to other contractors' estimates). Lied about cost of supplies. No bills were given for cost of supplies but left-over supplies still in our house. We fired them. Now he is threatening to put a lien on our house and wants MORE money. What action do I take, if any. Not going to a lawyer and spending $$$ that I don't have, especially when I have been victimized by a criminal.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When did he last work on your home?

Customer: replied 1 year ago.
Sorry - was out of town. He started work on September 11th, 2015. House contents completely covered in plaster, many mistakes- damage that had to be redone. Still no sign of being finished - on October 4th, told him his services no longer required.
Customer: replied 1 year ago.
He was paid upfront for supplies $2600 + then $6,000 that he requested. Now claiming I still owe him $5000 thru a collection agency for removal of retaining wall and installation of ceramic floor which is all he did in the first place. Found out he charged me double the cost of sub-floor material but no bill(s)-estimates were ever given to me. I paid for ceramic flooring.
Expert:  Debra replied 1 year ago.

He cannot register a lien. The lien had to be registered within 45 days of October 4 and it was not.

He can sue you and you will defend of course but the lien is a non-issue.

You can tell him or the collection agency that is he sues you not only will you vigorously defend but you will also counter-claim as he has cost you more than you paid him and will also be seeking damages for the poor work, inconvenience, interest and your legal costs.

And if it gets that far you can always post on this site and I can assist you further as this will be in Small Claims Court and you can self-represent.

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