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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100036
Experience:  Lawyer
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I am a residential heating contractor and have been terminated

Customer Question

I am a residential heating contractor and have been terminated form a job due to what the builder terms non performance. I had to be away from the job for 3 days to attend to other things. I am about 1 day from finishing the project and have told him I can finish by the weekend, but he says he's bringing in another contractor to finish the job. There is no signed contract involved. What should be my next course of action?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Did you have a deadline for completing the job? Does he owe you any money and if so is he refusing to pay it?
Customer: replied 2 years ago.

There was no deadline in writing but I told him I would have it done by the time he was ready for framing inspection. He's still a few days off before he's ready. Yes, he owes me a substantial amount of money and said he has put the matter in the hands of his lawyer. He is not outright refusing to pay but I'm quite sure he will want to deduct the other company's bill, which could be quite large in comparison to the scope of the work. Does he have the right to do this?

Expert:  Debra replied 2 years ago.
No he doesn't have the right to do this if you are able to get the work done on time. You can tell him that you are going to register a lien on title if you are not paid in full by a deadline you set and then do so if you must.You have to register the lien on title within 45 days of being dismissed. You then have to commence a lawsuit and register a certificate of pending litigation on title.This lien and even a threat of this lien is a very powerful tool so don't hesitate to use it.

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