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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101060
Experience:  Lawyer
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I hired a contractor by the hour. Him and his 2 men crew

Customer Question

Hi. I hired a contractor by the hour. Him and his 2 men crew worked here for many months. I paid weekly, plus HST. All payment statements included bulk hours. Did not include start or finish times. I trusted him. I just discovered that the lunch break was not deducted and it was always an hour. My hourly cost to this crew was $142.15.
It was a very large job with many other contractors at the same time that were being paid by the contract. Now that I've discovered this, I decided to end our working relationship. His final bill is in bulk hours. I have asked him in writing 3 times to provide the start and finish times for this last statement. He reluctantly has refused and said that I know what the hours are and this is how we've always done it. On 3 occasions he's tried to charge me for a day's pay a worker that wasn't even on this job. He charged HST, where HST was already paid in the bill. I noticed these mistakes. he stopped making them. Now he wants to lien my house for this last unpaid bill? Do I have a defense?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
When is the last time he did work on your property?When was the work on your property substantially completed?
Customer: replied 2 years ago.
Last week. It was okay. What about the fact that he was charging me by the hour and not taking off lunchbreak? He would not provide a breakdown of the hours. Also, he flooded a part of our basement when he hooked the dishwasher incorrectly?
Expert:  Debra replied 2 years ago.
So he can file a lien within 45 days of substantially completing the work or being kicked off the job or walking off. So he can file a lien. But then he has to sue you within another 45 days and then he has to obtain a Certificate of Pending Litigation from the court and register it on title. And so you will not only be able to defend the lawsuit but will also be able to counter-claim if you are actually owed money by him because of your overpayments and the flood if he didn't repair all that was damaged. He will appear dishonest in court because of how he overcharged you and so you will be able to succeed in court. The lien will not matter unless during you want to sell your property before you go to Court. If that is the case you can always pay the money allegedly owing into court.