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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100424
Experience:  Lawyer
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I'm not really sure where I am suppose to start. I am a

Customer Question

I'm not really sure where I am suppose to start. I am a small business owner and I was the caretaker for a customers property. While the owner was absent there was some electrical work to be done at the home. An electrician was found and they began to do some very basic electrical work. During the small jobs another project was talked about and when I called to ask for the estimate...the owner told me the cost over the phone. He was to email the estimate to me but never did. I asked if the cost was for the complete job and he assured me it was. can probably see where this is going. Work was done but nothing works how it was suppose to...some of the small jobs that were done are not right either. The invoice that the owner sent me was three times the amount he told me. When I confronted the owner about this and asked why I was never told of any cost overruns so that they could be signed off by the home owner....he told my that his worker told him that I said to do whatever it takes to complete the job. Which is absolutely false.
We have had a few exchanges over the last couple months and now he is threatening to take me to small claims court.
We have no approvals for any addition costs....and now, in his last email, he blatantly lied saying that I approved a $7000 cost over run. I can't approve any of that...the home owner has to.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Is the home owner involved at all or are all the threats being levied at you?

Customer: replied 1 year ago.
The threats are being levied against both the home owner and myself. The home owner lives out of province and travels quite frequently.
Expert:  Debra replied 1 year ago.

The correct person for them to sue is actually the home owner.

You acted as agent for the home owner and should not be sued.

At the same time if the home owner is sued he would have to add you to the lawsuit and blame you.

I suggest you send tell this person you will not give in to such lies and you are shocked at such blatant dishonesty and you are happy to have a court decide.

You will be able to testify under oath and also cross-examine this person and the lies will come out. Judges are good at determining credibility.

Customer: replied 1 year ago.
Ok….So, I guess I would like to know if there is anything that I need to do to prepare? I am actually a little dumbfounded that a company would say/do a large job without first asking for anything in writing…then drop a huge, unexpected invoice on the owner and think that that is ok.
- Do I even have a leg to stand on if I end up in court defending the home owner? I don't do well in the spotlight.
- I tried giving the electrical company 3 options to solve this and one was that all of his equipment would be returned to him. He told me that it was illegal for me to try and do that. Is that true?
Expert:  Debra replied 1 year ago.

Why do you have his equipment now?

Customer: replied 1 year ago.
I have equipment (the materials) they installed. Not actual power tools or anything like that. The equipment that he sold the owner and was suppose to install correctly.
Expert:  Debra replied 1 year ago.

There is no law that says you cannot agree to give him back this equipment. He is trying to scare you and bully you into paying for things that you never agreed to pay for.

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