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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100972
Experience:  Lawyer
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I received a deposit of $30,000 very expensive commercial

Customer Question

Hi. I received a deposit of $30,000 for a very expensive commercial kitchen ventilation system.
The landlord went to China after giving me his portion of the deposit and the teams in deposit was to be given by their tenant who they left in charge and with post dated cheques for me that were to be given to me as my work progressed.
The tenant would hold me off and his portion of the deposit week by week.
I'm a small company and due to the fact that work was to start on this out of town job week by week I was unable to pursue other contract do that I could be immediately available.
2 months later the landlord returned and questioned as to why the work hadn't progressed. We had many meetings with the tenant , the tenants designer and the landlord.
The landlord assured me that we'd be moving forward and had me contact the equipment manufacture for a delivery schedule. The landlord again left the tenant as a project manager and nothing moved forward again.
I contacted them about the job and then the landlord put a friend in charge as a project manager.
I requested the mall managements contact info as the landlord is the owner of the commercial condo unit in this case. The landlord assured me he would pass me the info so I could schedule work on his behalf that he was to complete to move the installation forward and again nothing.
Then the landlord left again for China and I started the running around with the people he left in charge.
Again nothing forward and a month and half later being 4 months on the hook they decided to cancel the entire job because the tenant was low on cash and wanted to try to open without the kitchen system I was hired to supply and install.
The landlord wouldnt answer my emails and texts but his friend the project manager and later the tenant also in my opinion a project manager and in control cancelled the project and requested I return the entire deposit for a compensation of $2,000 in cash.
I refused and said we'd have to sit down and discuss how much I would return because I was out the profit on this job that I counted on since I had such a large deposit and due to the fact of the week by week promises I lost out on several potential contracts I didn't pursue so that I could be available within a few days notice.
I have emails and texts backing up the above to all the parties involved and them cancelling not me.
Instead of discussing a fair outcome I received a email from their lawyer who I think might not know all the details. Their lawyer says that I cancelled the job and refused to return the deposit.
Keep in mind that I have texts and emails to the contrary.
Please give me your opinion.
Regards : Gus
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Their lawyers is obviously wrong and likely has been lied to. You didn't cancel the contract. You tried your very best to continue to work and they breached their contract with you and so their lawyer is not correct and in fact you may be able to sue them for much more than what you already have been paid. But, they have involved a lawyer and so your next step should be to retain your own lawyer and have your lawyer write their lawyer asserting your rights. Does that help as a starting point?