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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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i am a subcontractor that is not being paid for work done.

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i am a subcontractor that is not being paid for work done. the contractor refuses to pay claiming "he has no money" what are my legal rights and options? there is a group of 10 subcontractors that are in my position with the contractor in question. i live in bc canada
You can sue him for the money he owes you. He is getting paid to do the work so there's money there somewhere. You can sue him in Small Claims Court and so won't need a lawyer if you are owed under $25,000.

You will have to send him a written demand letter first demanding that he pay you what he owes you by a deadline. Tell him if he fails to do so you will commence legal proceedings and will seeking interest and costs as well as the full amount owing.

You can also file a lien on any property that you have worked on but not been paid for. The lien has to be registered within 45 days of completion of the work and then will have to be perfected within another 45 days by starting an action.

Here is the webpage that explains what you need to do. It is permissible to do this as a subcontractor:

It would make sense to consult with a lawyer if you want to pursue the lien.

You can contact the Law Society of Upper Canada and use their Lawyer Referral Service. You will be given the name of three lawyers and can consult with any or all of them and the first half hour will be free.

I hope this helps as a starting point.

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