1. We hired a contractor to do mould remediation. He took…

Question

1. We hired a contractor to do mould remediation. He took out our living room
and dining room ceiling to access the attic. When he put the drywall back on the
ceiling, the taper botched the job and we can see where the drywall pieces have
been put together and we can see all the compound. He has tried to fix it twice
and now says he cannot and told me to hire someone else to fix it. He said that
it has to come out of my pocket. Since he botched the job and I have to hire
someone else, is he not liable for the cost?

2. The contract terms were that he was to be paid the balance on completion of
the work. We have already paid more than 83% of the fees. He now states he wants
the balance, less $4,000.00 up front before he will come back. Can he
renegotiate the contract terms without my consent?

3. He came in and took samples from all my walls. He told us that they tested
positive for mould. He had great references and since the attic had mould, we
believed him. When I asked for the lab report to verify the mould, he said he
did not do it. He said he knew we had mould based on a visual inspection and
also based on an air quality I had done one year ago. My attic tested positive
for mould one year ago, so I knew it was there. However, the walls was news to
me. Before he proceeded with remediating my walls, wasn't the onus on him to do
the testing? The air quality showed some mould spores but the conclusion was
that they were normal and that the levels were low and that every house has some
mould.

Debra · Accepted Answer

Debra Thal (username) :

I just answered your other post.

Debra Thal (username) :

But it looks like there is a further question first.

Debra Thal (username) :

Should I answer that as well?

Customer:

Sorry, I am not sure what you are asking.

Debra Thal (username) :

I answered your other post.

Debra Thal (username) :

Did you see that answer?

Customer:

No, sorry. I don't seem to see a response from you.

Debra Thal (username) :

Let me find the link.

Debra Thal (username) :

http://www.justanswer.com/canada-law/67w2l-hired-contractor-mould-remediation-tore.html
[//www.justanswer.com/canada-law/67w2l-hired-contractor-mould-remediation-tore.html]

Customer:

Yes, I received your response. Thank you very much. I know he is being dishonest
although this never manifested itself until I demanded to have the ceilings
repaired.

Customer:

Should he not have done the lab analysis before telling me I had mould in my
walls?

Debra Thal (username) :

Well, I don't know if the requirement of lab analysis is standard or necessary.
I think someone in that business would have to say that. But for sure he had to
be sure the work was needed before doing it.

Customer:

If you don't mind me asking, he has also charged me for baseboard replacements
that I had no idea he replaced. My husband and I looked to see if the baseboards
are new and we think some pieces might be. We were never approached about this,
but now that he is angry with me about the ceiling he is charging me left, right
and centre with added costs. Am I responsible for payment for this. I can't
honestly tell if it's all new or some of it or none of it. The baseboards were
pretty new when we moved in the house. He never discussed any of this with me.

Customer:

In addition, we had a verbal agreement that he would patch up the holes the
electrician made (he hired the electrician) and now he has charged me for that.
I mean he ruined my hardwood floors as he got stones caught under the cardboard
he lay down and I verbally told him I would let that go as I am reasonable
enough to accept that there will be some damage to my home based on the
extensive job--they accessed my roof through the living room and dining room. I
know it was a verbal agreement with him--does he have to uphold that.

Debra Thal (username) :

He must adhere to all verbal agreeements.

Debra Thal (username) :

agreements.

Debra Thal (username) :

I don't think he's mad.

Debra Thal (username) :

I think he is dishonest and you were trusting him until now and now you see what
he's doing.

Debra Thal (username) :

I would have someone give you and opinion as to how much it will cost to get
this all done, including the repairs and also tell you if the baseboards are new
or not.

Debra Thal (username) :

Then I would hand him a letter indicating that you are requiring him to adhere
to the terms of the contract and if he does not do this and make full repairs
where needed you will hire someone else to do the work and sue him.

Debra Thal (username) :

Or if you think it will work better have lawyer write that letter.

Debra Thal (username) :

What province is this?

Customer:

Ontario

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will
be given the name of a lawyer and can consult with the lawyer and the first half
hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Customer:

Out of curiosity, how do I make him stand by any verbal agreements without any
documentation. He did tell the electrician that he would fix the holes and that
is my only witness. The contractor will sue because I found out he is in two
lawsuits right now--ones that he implemented.

Debra Thal (username) :

It will be your word against his if this goes to Court but no one will believe
him. First, he's a liar and Judges are smart. But also, what contractor leaves a
job where there has been damages that are not repaired?

Debra Thal (username) :

Didn't he hire the electrician?

Customer:

Yes he hired the electrician, but I paid the electrician separately, so it was
not subcontracted.

Debra Thal (username) :

But he hired the electrician and he would have told the electrician to fix these
things if he wasn't going to do so himself.

Customer:

I guess for me the botXXXXX XXXXXne is that I want to try to avoid any lawsuits
and try to get the contractor to adhere to the existing contract (written and
verbal) and I am not sure how to best proceed without ruffling his feathers--but
perhaps, given his personality, that will be unavoidable.

Debra Thal (username) :

It is unavoidable because you are going to be left with a damaged floor and
ceiling and paying for repairs you should not have paid for and likely having
paid for many of your own baseboards.

Customer:

So, I owe him a balance. Am I within my rights to hold back on paying that
balance until he finishes the job? I have heard so many people say that he can
put a lien on my house for not paying, so I am so nervous. If I am within my
rights, then that is what I will do.

Debra Thal (username) :

He can put a lien on your house.

Debra Thal (username) :

But unless you are planning on refinancing or selling within the next year it
won't matter.

Debra Thal (username) :

The reason why is that he has to perfect the lien by starting a lawsuit within
90 days of completion of the work.

Debra Thal (username) :

He has to register the lien within 45.

Debra Thal (username) :

So this will be resolved in Court whether there is a lien or not.

Customer:

Our mortgage is up for renewal this year, so will a lien impact that.

Debra Thal (username) :

Yes.

When is that exactly?

Customer:

Actually, I have gotten ahead of myself. It's not actually due until March 2013.
I keep forgetting that I have only lived in this house for three years and not
four. Sorry for giving you the wrong info.

Debra Thal (username) :

You are OK then.

Customer:

The contractor definitely has work that he has not completed, so I believe he is
legally obligated to complete the work and he cannot renegotiate a contract that
has already been signed, so I will contact a lawyer to get advice and perhaps do
as you suggested--send a letter from a lawyer if the contractor will not uphold
the terms of the contract. I want to thank you very much for all your time and
input and if I have more questions, hopefully I can track you down and discuss
them with you. Again, thank you very much for all your time.

Debra Thal (username) :

Just put my name into the subject line next time and I will answer as soon as I
can.

Debra Thal (username) :

If we are done please click accept.

This authorizes the site to release my portion of what you paid them to me.

Debra Thal (username) :

It did not go through here either.

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