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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My name is ***** *****. $6500 is 30 days overdue of a $20000

Customer Question

My name is ***** ***** . $6500 is 30 days overdue of a $20000 paint job from a home builder we did work for . When asked about it he said that there are issues and he and the homeowner are not happy with the quality of the work . When asked , what are the issues I have not gotten any response . All this is by text 2 weeks ago after I texted about payment. He will not answer his phone or call me . We were there last to do touch ups Jan 21st. I will be placing a lien on the property Thursday . What is the next step ?
JA: Thanks. Can you give me any more details about your issue?
Customer: Not sure what u r asking ?? When asked to discuss the issues , I haven't got any response .
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Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

Thank you for requesting me.

What province are you in please?

When did you substantially complete the work, exactly?

Customer: replied 9 months ago.
Alberta , Jan 21st ,2016
Expert:  Legal Ease replied 9 months ago.

In Alberta, you can register a builders lien on title so long as you do so within 45 days of having substantially completed the work.

Then, with another 180 days you have to start a lawsuit, obtain a certificate of pending litigation from the court office when you start tge lawsuit, and register that on title as well.

Your next step should be either to send a letter threatening to do this at once and or you should retain your own lawyer to assist you with respect to registering the lien on title.

Customer: replied 9 months ago.
I've placed a lien before so can do that myself . Can I lein a house he built in the same subdivision that he is trying to sell ?
Customer: replied 9 months ago.
Legally , I know I can't but what will be the consequences ? Might get a faster response ??
Expert:  Legal Ease replied 9 months ago.

There is no legal basis to do that. You would have to file a false affidavit which is perjury.

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