03-13-2017, 04:26 PM
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#2
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Franchise Player
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File a lien against the house you provided permits for.
That will get the homeowner on their back...
Not nice...but if you gotta get paid...
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03-13-2017, 04:36 PM
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#3
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Powerplay Quarterback
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Quote:
Originally Posted by Nufy
File a lien against the house you provided permits for.
That will get the homeowner on their back...
Not nice...but if you gotta get paid...
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i don't know the homeowner, nor do i care if they are not happy with it.
can i file a lien without a contract though?
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03-13-2017, 04:37 PM
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#4
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by moncton golden flames
i don't know the homeowner, nor do i care if they are not happy with it.
can i file a lien without a contract though?
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I don't know if you can file a lien without a contract, but I am almost 100% certain a lien means nothing if the owner isn't planning on selling anytime soon.
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Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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03-13-2017, 04:42 PM
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#5
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Powerplay Quarterback
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Quote:
Originally Posted by undercoverbrother
I don't know if you can file a lien without a contract, but I am almost 100% certain a lien means nothing if the owner isn't planning on selling anytime soon.
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one of the homes is under construction, the other is not yet past the building permit stage at city hall, so i would imagine that it would affect the drawing ability for their financing?
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03-13-2017, 04:42 PM
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#6
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Powerplay Quarterback
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Quote:
Originally Posted by undercoverbrother
I don't know if you can file a lien without a contract, but I am almost 100% certain a lien means nothing if the owner isn't planning on selling anytime soon.
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You're correct. A lein means nothing unless an owner sells. But, any typical owner will probably not want to have that hanging over their head, in the event they do sell.
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03-13-2017, 04:56 PM
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#7
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Franchise Player
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Quote:
Originally Posted by moncton golden flames
one of the homes is under construction, the other is not yet past the building permit stage at city hall, so i would imagine that it would affect the drawing ability for their financing?
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Yes a lien will prevent them from accessing their available financing. And no you do not need any kind of signed contract to win a law suit against them. Get yourself a small claim agent if it's less than 50k and get started. It will be easy to show you did the work especially if you have a history if doing work for them.
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03-13-2017, 04:58 PM
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#8
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First Line Centre
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I believe you only have 45 days after the last day of work to file a lien in Alberta.
90 days past due is getting pretty delinquent. You could try using a collection agency. Many of them won't require a written contact, just a copy of an unpaid invoice. Some of them will also file collections with Credit Bureau's, which can harm the debtor's credit rating and motivate payment.
If you don't want to do that, perhaps you talk to someone higher up the food chain to see when you can reasonably expect payment?
__________________
Bleeding the Flaming C!!!
Last edited by Crazy Flamer; 03-13-2017 at 05:03 PM.
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03-13-2017, 05:00 PM
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#9
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The new goggles also do nothing.
Join Date: Oct 2001
Location: Calgary
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Even if there's no written contract wouldn't the extensive demonstrable history of invoices and getting paid mean there's a verbal or implied contract?
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Uncertainty is an uncomfortable position.
But certainty is an absurd one.
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03-13-2017, 05:03 PM
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#10
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Powerplay Quarterback
Join Date: Jul 2008
Location: Republic of Panama
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I've used U-Sue before with very good results. better than a collection agency.
https://usue.ca/
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Talk is cheap because supply exceeds demand.
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03-13-2017, 05:11 PM
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#11
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Franchise Player
Join Date: Mar 2007
Location: Income Tax Central
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Have you considered a gang of ruffians?
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The Beatings Shall Continue Until Morale Improves!
This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
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03-13-2017, 05:13 PM
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#12
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Franchise Player
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I'm sure you know that any of the methods discussed may "burn the bridge" with this company.
If you still wish to work for them, then I suggest a little more patience.
Just my .02
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03-13-2017, 05:18 PM
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#13
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Franchise Player
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Quote:
Originally Posted by FlamingHomer
I've used U-Sue before with very good results. better than a collection agency.
https://usue.ca/
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I used that company once too. He's hilarious. I love his anger at the world's scoundrels. He'd be perfect for this case.
You're probably too late to file your own lien but you'll get a judgement from the court and then you can register your interest on their title. It doesn't matter that you're too late. You'd probably have to go to court to perform on the lien anyway.
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03-13-2017, 05:27 PM
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#14
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by OMG!WTF!
I used that company once too. He's hilarious. I love his anger at the world's scoundrels. He'd be perfect for this case.
You're probably too late to file your own lien but you'll get a judgement from the court and then you can register your interest on their title. It doesn't matter that you're too late. You'd probably have to go to court to perform on the lien anyway.
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Seems professional
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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03-13-2017, 05:28 PM
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#15
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Powerplay Quarterback
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Quote:
Originally Posted by Nufy
I'm sure you know that any of the methods discussed may "burn the bridge" with this company.
If you still wish to work for them, then I suggest a little more patience.
Just my .02
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i have recently taken a full time job with a home builder, in order to secure income from incidents like this in the future. burning a bridge with this particular builder would not phase me one bit.
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03-13-2017, 05:29 PM
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#16
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by moncton golden flames
i have recently taken a full time job with a home builder, in order to secure income from incidents like this in the future. burning a bridge with this particular builder would not phase me one bit.
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Then Fire Up The Corvette!
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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03-13-2017, 05:30 PM
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#17
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Powerplay Quarterback
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Yea, i'd say go scorched earth then on the builder.
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03-13-2017, 07:59 PM
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#18
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Lifetime Suspension
Join Date: Sep 2011
Location: Calgary
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Maybe you have a bit more work to do on the file still.... That would restart the 45 day clock ....
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03-13-2017, 10:44 PM
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#19
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Franchise Player
Join Date: Jan 2010
Location: Calgary
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There's not enough information but registering a lien without a contract for services could backfire. Is this a reno or a newly built house? Who owns it? If it's the builder that owes you money, registering a lien would get his attention, as he wouldn't be able to get financing or transfer the title to the new owner/buyer. However; that also means you'll never work for him again. You mentioned a 10-yr relationship. Are you OK ending it? If the homeowner is NOT your builder, then you'd be causing a nuisance to someone not owing you anything. All they'd have to do would be applying for a lien discharge with the court clerk and then posting a letter of credit for the lien amount. After that the lien is off and you'd be on the clock to file a statement of claim to prove that the homeowner owes you money (which you wouldn't be able to do). If the builder does own the house, he would be able to post the LC as well and, again, you'd be on the clock to file a SoC and act on it. You only have 45 days from the last day on the site or filing a certificate of substantial performance to file a lien, as mentioned above. This is not as simple as some people make it sound. Lien legislation is very precise. I'd try working out a solution with your builder somehow instead of registering a lien, first.
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Last edited by CaptainYooh; 03-13-2017 at 10:58 PM.
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03-14-2017, 12:07 PM
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#20
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Franchise Player
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Does Ali Farhat still run collections in Calgary? I heard rumours that he was pretty awesome at getting tenants to pay their rent.
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