Dealing (legally) with a negligent tradesman - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Tron_fdc · 02-26-2013, 01:17 PM

Long story short I hired a guy (an old friend) to re-do my house floors and fix some ceiling/wall paint about 5 months ago.

He quoted the job, had a big portfolio of work recently done, and assured me he knew what he was doing.

I paid him half to start the job, and the guy completed the paint and drywall pretty quickly. This is where the "woe is me" started to happen, and I was continually having to buy more material and supplies because he couldn't afford it. Before I knew it I had already paid the full amount, and he could never complete anything as per our agreed upon schedule. He got most of the hardwood installing done, but COMPLETELY botched the hardwood refinishing. So much so that I had to hire someone else to come in and redo it. He also left a pile of waste outside my garage and a bunch of other crap that has taken me a week to clean out after I told him to eat a d*ck and not come back.

Has anyone had to deal with this before? I'm looking at some kind of legal avenue to get back the cost I paid to have the refinishing, and the cost to complete the new floor install. It's about $5k in total, so it's not chump change.

Would I just go DT and file a statement of claim?

You Need a Thneed · 02-26-2013, 01:22 PM

Getting anyone on your side to do anything about it is going to be difficult, unfortunately.

The law doesn't interpret taking money and doing the work (crappily) as being fraud.

Tron_fdc · 02-26-2013, 01:26 PM

I would assume that it is a breach of contract though, is it not? He offered to do the work for (x) dollars, I accepted, and he didn't come though on it.

I have a record of all the "I promise to finish by (x) date" as well, so it would seem to me that he was bound by a contract that wasn't fulfilled?

CaptainCrunch · 02-26-2013, 01:26 PM

I don't know to me the $5000.00 would probably be better served in Small Claims Court first. It would probably be cheaper for you to pursue it and if he doesn't show up at least you'll get a judgement against him that you can use to collect the 5,000. Its probably cheaper and I don't think you need a lawyer.

Clever_Iggy · 02-26-2013, 01:27 PM

PM'd.

troutman · 02-26-2013, 01:27 PM

http://www.albertacourts.ab.ca/provi...6/default.aspx

Common Questions:

http://www.albertacourts.ab.ca/Provi...6/Default.aspx

Is it worth suing?

http://www.albertacourts.ab.ca/Provi...0/Default.aspx

You should also think about the person you want to sue. Do you know where that person is? If you win, will you be able to collect? (The person may not have money now, but financial situations can change. The judge's decision on your case is valid for 10 years).

I might suggest you make the original post less specific (and less public).

CaptainCrunch · 02-26-2013, 01:28 PM

Quote:

Originally Posted by Tron_fdc

I would assume that it is a breach of contract though, is it not? He offered to do the work for (x) dollars, I accepted, and he didn't come though on it.

I have a record of all the "I promise to finish by (x) date" as well, so it would seem to me that he was bound by a contract that wasn't fulfilled?

If you had to bring in another contractor to fix his mistake that is a breach though.

You Need a Thneed · 02-26-2013, 01:32 PM

Quote:

Originally Posted by Tron_fdc

I would assume that it is a breach of contract though, is it not? He offered to do the work for (x) dollars, I accepted, and he didn't come though on it.

I have a record of all the "I promise to finish by (x) date" as well, so it would seem to me that he was bound by a contract that wasn't fulfilled?

From watching Mike Holmes shows (which often deal with situations similar to yours) and my understanding of construction law, it isn't that simple.

You paid for a service, and received the service (unfortunately really crappy service).

I really don't think having an agreed to finish date means much either. It might be legally valid, but it liekly won't help you get any money.

Tron_fdc · 02-26-2013, 01:33 PM

Quote:

Originally Posted by CaptainCrunch

If you had to bring in another contractor to fix his mistake that is a breach though.

Not after he owned up to the fact (via text message) that he couldn't complete the work. I kept a record of all the correspondence.

Jbo · 02-26-2013, 01:40 PM

I'm not a lawyer, but the personal angle and coorespondance through text and e-mails may not hold up.

Do you have any kind of written contract?

PsYcNeT · 02-26-2013, 01:40 PM

Man, Event II is still not released (properly) and you have all this to deal with.

Harsh year.

AR_Six · 02-26-2013, 01:42 PM

Email and text and your story will "hold up" so long as they're credible. Written agreement is only evidence of a contract, it's not the contract itself.

Tron_fdc · 02-26-2013, 01:43 PM

Quote:

Originally Posted by PsYcNeT

Man, Event II is still not released (properly) and you have all this to deal with.

Harsh year.

watchootalkinboutwillis?

Jbo · 02-26-2013, 01:49 PM

Quote:

Originally Posted by AR_Six

Email and text and your story will "hold up" so long as they're credible. Written agreement is only evidence of a contract, it's not the contract itself.

You may be right about the e-mail and text... I think the texts would be more difficult to prove.

Not sure how a written agreement would not be viewed as a contarct, unless it was very specifically a quote.

PsYcNeT · 02-26-2013, 01:50 PM

Quote:

Originally Posted by Tron_fdc

watchootalkinboutwillis?

Haha my bad. Had you confused with a different poster.

Bmuzyka · 02-26-2013, 01:54 PM

I can tell you from personal experience, civil litigation is stressful, time consuming, and very rarely worth the trouble. I would personally cut your losses, and move on. By the time you file, lose any time for work, get any kind of legal respresentation, or actually try and collect, it will often cost you just as much as you are claiming for, if not more

Canehdianman · 02-26-2013, 01:55 PM

The only way this will be cost effective is if you do it yourself through small claims.

vektor · 02-26-2013, 02:02 PM

Did you not sign a contract? I always had them when I was a contractor with the most important clause being about quality of work. If there was no contract this is going to be a messy ordeal

Tron_fdc · 02-26-2013, 02:29 PM

Yeah what I might end up doing is looking at a legal avenue, while possibly negotiating a settlement payable in free labour for house painting (he seemed ok at that) or some other form of grunt work like laying sod or digging trenches for a sprinkler system.

I'm just super skeptical at bringing him on again, but that might be the only way I see anything out of this.

vektor · 02-26-2013, 02:48 PM

Quote:

Originally Posted by Tron_fdc

Yeah what I might end up doing is looking at a legal avenue, while possibly negotiating a settlement payable in free labour for house painting (he seemed ok at that) or some other form of grunt work like laying sod or digging trenches for a sprinkler system.

I'm just super skeptical at bringing him on again, but that might be the only way I see anything out of this.

If I were you I'd look at the easiest settlement options but never work with him again. Leaving garbage around, not getting stuff done, if he's that unreliable when he's getting paid I wouldn't want him around my house ever again because it would end up with you babysitting. If there's no easy way to settle it legally I'd just cut your losses and run.