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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100412
Experience:  Lawyer
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I have been painting builder in lethbridge alberta for

Customer Question

I have been painting for a builder in lethbridge alberta for the past 6 years. The square footage on the houses is sometimes different then the plans. They have gone back to late 2015 wanting the money back for square footage I billed that was not the same on the plan. All the invoices I submitted that were paid had the square footage front and centre with the house plans very availabe to them. The amount of money the want back is about 7000.00. I am just a very small company and cannot afford to have them take this off my ay check. After reviewing past invoices I have submitted I have not billed them certain things I have done which also comes to quite a bit of money. Is it legal for them to do this after the invoice has been approved for payment as I know the check them over and have not paid certain things billed
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
There is nothing unlawful about what they are trying to do. But if they sue you it is not likely they will succeed. First, as the plaintiff they would have the burden of proof. Second, they approved all the invoices in the past and you've worked for them for 6 years.Finally, you didn't over bill them and so they cannot prove that you did. I suggest telling them they are in error, telling them why and then stating you are happy to have a court decide.
Customer: replied 1 year ago.
So can the builder take this money owing from my next pay check without proof that I actually owe this to them?
Expert:  Debra replied 1 year ago.
If he does then you may have to sue him.And it sounds like you may not be able to work for him anymore. He is not to be trusted and it sounds like he is going to do what he wants and also sounds like he does not trust you either unfortunately.

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