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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Background - Ontario, Canada Fence project Signed a fence

Customer Question

Background - Ontario, Canada Fence project Signed a fence project with contractor, payment were 1/3 upon contract signing, 1/3 once post is up, 1/3 when fence boards is installed. After the post were installed, the contractor was paid the 2nd 1/3 payment,
however, he did not come back and refused to finish the work. Adding to the problem, the supplier of the posts contacted me and want me to pay for the post, saying the contractor never paid for them. I never signed a contract/agreement with the supplier nor
did I know where the supplies came from before he showed up demanding payment. I assume the contractor took the supplies on his account with the supplier. Now the supplier wants to file a court order to repo the posts that is already installed in the ground.
Am I liable to the supplier? 45 days has passed from material delivery and he could have actually provide evidence that the posts installed were indeed his.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Why did the contractor not come back?

Are you saying that more than 45 days has passed since the supplier supplied the posts?

Customer: replied 1 year ago.
The original contract said basically he did the quote too low and is having cash flow problems, in the end I believe he did not pay the suppliers bill, which is why the supplier wants to come after me. The posts has been installed since Auguest.I was informed the supplier will be seeking a repo court order to take the post back by cutting it.I understand lien cannot be put on the property after 45 days of the installation.
Does he have any ground to stand on regarding the repo order? when he can't even provide a written agreement between me and him? I assume his got some agreement with the contractor. I understand some contract from the supplier states ownership of material is with the supplier till full payment is made? Should that concern me, although I never entered into a formal agreement with the supplier ?Should I be getting a lawyer to send him a warning letter of some sort? His constantly bothering me regarding this issue lately.
Expert:  Debra replied 1 year ago.

He cannot take back the posts. He could have registered a lien. And if he sued you within the 45 days you had a duty to hold back 10% of the contract price so he could have won up to that amount even though you did not have a contract with him but you only have to hold that back for 45 days so he cannot now sue you successfully.

You can have a lawyer write him to tell him he cannot enter your property as that will be trespassing and that you will sue him if he touches the posts.