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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101378
Experience:  Lawyer
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I had a construction contract with a contractor to complete

Customer Question

I had a construction contract with a contractor to complete the 2nd floor addition on fixed price progress billing condition, he did completed the close to end of last phase and want to leave the job, as he realized that the amount quoted in the contract is not bringing him much profit. he has lot of pending work to be done for the payments I already made
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in Ontario
JA: Has anything been filed or reported?
Customer: NO he is asking me to sign a mutual agreement then he will complete the deficiencies is it OK to sign this agreement that stipulates his consent to complete the deficiencies
JA: Anything else you want the lawyer to know before I connect you?
Customer: do you think anything else I should provide
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

Are you saying he is going to give back some of the money as well or will he use it up fairly?

Do you want to have to pay someone else for the rest of the work?

Customer: replied 1 year ago.
no he is not asking for additional money, he is just want to quit the job because he got 90% of the contract value and almost completed 85% with all pending works from the phases for which I already paid, Can he put lien? just like that
Customer: replied 1 year ago.
there was no Termination clause in the Contract and Also I paid him cash for that I have his initials as and when paid on the back side of the original contract does it help? he is threatening that he will put lien on my property and go for market evaluation and claim from me as around more than $30,000 as the work he did in as per the contract is more than the contract value, can He do that. where as I paid on time all the payments and his work according to contract was suppose to finish by September 17 2016 and he couldn't complete that, so he is trying to quit just by completing the deficiencies
My question is if I sign the Agreement for deficiencies the warranty and guarantee of work he has done on my secondfloor addition will be lost?
Expert:  Debra replied 1 year ago.

I am not following the facts.

Are you saying he wants to be paid in full or is threatening to register a lien but is not going to complete the work set out in the contract and you are willing to let that happen so long as he agrees to complete the deficiencies in the work he has done to date?

And you want to know if you agree then does his own warranty still apply?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Iam willing to let him go if he completes the deficiencies, but he is insisting to sign the agreement before he start to complete the deficiencies and part of this AGreement is
Will release The Customer, from any claims or liabilities from past, present, future, forever and whatsoever arising because the above noted contractual dispute
xi) All the above work will be completed within 10 days from date of signature on this agreement both parties.
xii) Will keep the contents of their business dealings STRICTLY confidential unless it required by a judgment through a court of law.
xiii) c) Will STRICTLY REFRAIN to slander, tarnish or defame customer’s name DIRECTLY OR INDIRECTLY both privately or publicly IN ANY MANNER WHATSOEVER.
Customer: replied 1 year ago.
is it Ok to sign this agreement? will he ask me to return the original contract?
Expert:  Debra replied 1 year ago.

He can register a lien but then has to sue you. If he doesn't sue the lien expires. If he sues he won't win in court because he had a contact with you and now he wants to breach the contract.

There is no reason to pay him for work he is not going to do and it will cost you much more to have someone come in and do the rest of the work since they are not doing the project.

In fact if he walks off the job and you have to pay someone else to do the rest of the work and it costs more than you would have paid him you can sue him for the difference.

You are signing a full release and most assuredly cannot do that.

You are saying you will not sue him no matter what happens. So he is going to walk away and be free. There is no warranty any more and in fact you cannot sue if there is something wrong.

He is bullying you and you should not sign and you should not be afraid of his empty threats. He is not entitled to any more than what your contract states.

In fact in Ontario even if there is just a written quote and not a contract he cannot go more than 10% above the quote or the consumer protection branch will step in .

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
if I don't sign then he will not complete the deficiencies ? then what I are my options.
Expert:  Debra replied 1 year ago.

You can send him a letter or hand deliver it.

In the letter give him a deadline for completing his contract. Tell him if he fails to comply you will get three quotes from three other contractors, will hire one to complete the work and will sue him for the difference if you have to pay more.

And then do it and you can sue him in Small Claims Court for up to $25,000 and can self-represent.

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?