We are a small contractor ( concrete, landscaping)! Did a…

You missed one question. When was work substantially completed exactly?

This is what I suggest you do.

First, send a letter by registered mail to the homeowner. In the letter set out the facts and clearly any state that they accepted the incorrect colour. You can say that you followed their instructions once you discovered that the colour was incorrect and that they cannot now decide not to pay for the work.

You can tell them that the work has been done fully and completely correctly and that you expect to be paid in full by a deadline that you set. Give them a very short deadline.

Tell them that if they fail to comply you will register a lien on title and then commence legal proceedings forthwith and will then be seeking interest and your costs as well.

You can register a lien on title within 45 days of the day you substantially completed the work. Then within and another 45 days you must commence legal proceedings and and then you will obtain from the court office a document that is called a certificate of pending litigation which you will register on title as well.

Then, you'll have your chance to court to explain to the court what happened and the court will undoubtedly order that the owner of the home pay you because you did the work and that even though there was an error they told you not to correct it you would have corrected it if they had asked. In fact, you offered to and they said no.

Don't let them bully you into thinking that you should take less money. A lien is a powerful tool that you have available to you and you should take advantage of it. They will likely pay you when they realize that you are going to register a lien on title and then sue them and then sue them.

They are not going to bring in experts to contradict what you say. They are only homeowners and you are the experts and you have experience.

I don't have a template. I'm sorry.

The lien is through the land registry office and it is better to have a lawyer do it but not vital. It doesn't sound like you can work this out with them but if you want to try then see what they will agree to.

A paralegal is a good next step.

You are very welcome.