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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1215
Experience:  Lawyer
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I am a painting subcontractor and a builder will not pay

Customer Question

I am a painting subcontractor and a builder will not pay because I don't have wcb which he did not ask for I had a heart attack during this job and 7 days later told me I had to come back now and finish or I would not see a penny so I did I've been finished over a month and now he says he won't pay because I have no wcb coverage
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I have not
JA: Is there anything else the Lawyer should be aware of?
Customer: Well he threatened to sue me if I put a lien on property
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 7 months ago.

By the sounds of it, this is a simply case of breach of contract. The builder agreed to pay you for your services, you performed those services, and now he doesn't want to pay you so he's making excuses. From what you've told me, you should be entitled to compensation / payment for your services. There are two main options you have:

1) Have a lawyer send him a Demand Letter i.e. a letter demanding he pay you lest you commence legal action against him. The is generally a good first step because, if the builder complies, then it is a cheap and quick way to get your money. Even if the builder has previously ignored your demands for money, it carries more weight when the threat is sent by a lawyer on the firm's letterhead and suggests legal action if the demand is not complied with.

As there is no guarantee the letter will work, you may have to resort to the following / next option (or you can skip the first option entirely if you don't think it will work)-

2) Sue the builder. Assuming the amount is for less than $25,000, you can sue him in Small Claims Court, which is a relatively simple and cost-effective venue for litigating a matter. If the amount exceeds $25,000, you can still sue, but it would have to be in Superior Court i.e. the higher level of court, which is more comlex.

Hopefully that answers your question.

Expert:  Daniel Freudman replied 7 months ago.
Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you.
Expert:  Daniel Freudman replied 7 months ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive payment for my services. Thank you very much.

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