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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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We had a fire last year and our home had to be rebuilt, the

Customer Question

We had a fire last year and our home had to be rebuilt, the builders have charged us with unwarrented extra charges that feel we should not pay, they have filed a builders lien and want to do a default judgement against us, I need to know how to file a response and dispute this. Can you help us?
Submitted: 7 days ago.
Category: Canada Law
Expert:  Legal Ease replied 7 days ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 7 days ago.

Did they serve you with a claim?

How much do they say you owe?

Customer: replied 7 days ago.
Hi yes they have served me supreme court papers with a legal lien, with a bill of 111,000. They have still not even finished building my home and I have an outstanding list of items not completed of over 20 items in the thousand of dollars, also 80,000 of the extra money owed for change orders that I have not approved or signed for and we have identifed with the supervising builder should be covered by our home insurance. Here is a a more detailed outlline of what I sent to the lawyer last week.
Hi James,Since you are representing Spani at this time I will send all correspondence to you, and you can forward to Spani as directed.I have reviewed my past emails to Spani for the fix and repair lists and added all new items to be repaired, for a final list of unfinished items. Here is the final outstanding list that is still remaining to be done. We have not seen anyone come for repairs for the past six weeks. Please forward this to Spani for completion.
When I signed the document of completion on June 30th, 2016 it was based on the following four conditions and agreements with Spani that have still not been completed, four and a half months later. These conditions are as follows:1. That we would have our occupancy permit as of June 30th, 2016, as of today we still do not have this due to misinformation from the Spani foreman telling us we had our occupancy, this was not the case and we are still in the process of finishing the third level space to get our occupancy.
2. We would have all repairs and unfinished items fixed and this would be done before paying for any additional charges above our agreed upon contract, such as change orders and interest.
3. We would have a sit down meeting with Jesse from accounting and Kevin to go over the change orders in detail as many change orders are not accurate as we saw with Kevin when we went over these orders the first time. There are three orders Kevin is removing as they were completely incorrect and bordered on fraud as well as double billing the home owner.
4. We had requested and had agreement from Kevin and Ken to identify all the change orders that would be covered by the insurance and send it to the insurance adjuster. The foreman also agreed to write a summary report as to why the change orders should be amended and be included in the insurance claim.Here is the summary of items we are still waiting to be fixed:1. Downstairs kitchen light was put in wrong spot as the cupboard hits it -solution is to put in an adjustable hinge so door does not hit our light2. Downstairs cupboard adjustments have not been completed3. Downstairs closets still need runner as the ones put on by Tim came off after 2 days and they need to be drilled into floor.4. Downstairs tap still need replacing, it was leaking with small crack from the start, my son tightened it and it full broke, one was ordered first week of July, 2016 and we were told it would be 2-3 weeks for arrival, we have now been waiting 18 weeks.5. Downstairs master bathroom handles aligned and doors adjusted6. Downstairs Reeses room needs filling and painting of 2 holes in roof7. Upstairs kitchen handles lower cabinets are missing, Ash dropped off some hardware but no handles8. Upstairs kitchen outlet not working properly, 2 plugs not working9. Upstairs closets rails need to be drilled in place and not glued, does not last10. Upstairs master bathroom door not closing right11. Upstairs master bathroom drain stopper continues to get stuck12. Upstairs front corner room thermostat not working and radiant heat is running 10 to 15 degrees hotter then the desired setting of 70 degrees. Laundry room downstairs also runs 5-10 degrees hotter then programmed13. Downstairs radiant floor heating is not coming on in corner room -Reese's room14. Outside siding keeps coming off15. Outside bottom fascia boards have not been put on sliding doors.16. Downstairs bottom kitchen counters need to be raised 3 inches as this is what we had ordered and was not completed. We have showed this to Kevin and he said if it was in the contract (which it is). Also since we have extra deep sinks it is is very uncomfortable to our backs as we are leaning over to far.17. Upstairs deck redirect downspout that is pouring onto the deck. I showed this to Kevin and Tim and they said it should be repaired and would get in touch with the downspout installer. We are still waiting for him to show up.Additional Items we are left with having to finish ourselves and should have been put in as an amendment to the claim.1. Finishing our sauna which was left incomplete cost $4000
2. Finishing our steam room with a glass door $1000 and seats $1000
3. Finish the install of our wood stove $1000
4. Finishing of the driveway $15,000
5. Purchase and installing our built in vacuum system - $1,400 plus $300 install.
Expert:  Legal Ease replied 7 days ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

That is all just terrible.

But when you say they want a default judgment what do you mean? Do you mean they are threatening to sue? But you didn't get served with a claim yet did you?

Customer: replied 7 days ago.
they have file papers to sue in civil court and want to do a default judgement as of monday, i do not know what that means, he says i need to file a response to the lien but i do not know how to do that if there a form i fill out on line?
Expert:  Legal Ease replied 7 days ago.

Please read the title to me of all documents you have received from them.

Expert:  Legal Ease replied 6 days ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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