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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101437
Experience:  Lawyer
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My name is ***** ***** and my issue is regarding my

Customer Question

Customer: My name is ***** ***** and my issue is regarding my contractor
JA: Thanks. Can you give me any more details about your issue?
Customer: I bought my house in April 2014 and the bank insisted the foundation had to be repaired and they held enough money to do that. The Realtor found us a contractor(her boyfriend he does have a company). We signed a contract on August 8, 2014 for him to do the work. He came in to start in November 2014 and dug the French Trench that was required, then winter hit and he couldn't do anymore. He promised he would be back first thing in the spring. He finally showed up in July 2015 did some work but only came by once or twice a week. This continued until November 2015 when I requested he provide me with a detailed invoice, he said he would. Well he never did finally i requested my key back. I finally received an invoice dated December 18 and he is of course asking for full payment. I would like to know if I have the right to a detailed invoice, he says I don't that I signed a contract and that is all he has to give. me.
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did he complete the work for the most part?

When is the last time he worked on your place?

What province is this please?

How much does he say you owe him and what is your view on what you owe, if anything?

Customer: replied 1 year ago.
He completed most of the work. It did not install the electric heat in the downstairs bedroom or complete the electrical work. He left a section on the front wall of that room un-insulated and the only reason we found out about it was because my husband removed the newly installed drywall because the wall is not plumb. The last time he worked on the property was around October 14. We live in Manitoba. His invoice is for almost $16,000.00 and we have already paid him approximately $19,000.00. I am not sure what I should pay him and that is why I have requested a detailed invoice. I would be okay paying him between $8,000 and $10,000.
Customer: replied 1 year ago.
I am looking for an answer regarding my request for a detailed invoice. I would like to know if I have the right to insist the contractor provide me with one. He tells me he doesn't have to that the contract is all he has to provide and that I agreed to pay the amount stated in the contract. My second concern is whether he can put a lien on my house and whether I have to be notified if he decides to go that route.
I have known that we would disagree about the final amount owing when the time came. I would like to know what my options are, if I have any, or am I stuck paying his final invoice?
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

It is too late for him to place a lien on your property.

You can tell him that he did not complete the worked and that while you agreed to pay him a specific sum, that was for all of the work being completed. You can tell him that if he cannot prove to you, by way of a detail invoice, exactly what you owe, you will not pay anything. However, what you will do is retain someone else to complete the work and then will pay him what is owed to him pursuant to your agreement less the amount that you paid this new person.

Tell him that if he does not agree you are happy to have a court decide but he should know that if he sues you you will be seeking an order for your costs.

Customer: replied 1 year ago.
Thank you, ***** ***** do as you advise.
Expert:  Debra replied 1 year ago.

You are very welcome, happy new year.