Dealing (legally) with a negligent tradesman

[meanmachine13]

Originally Posted by J-bo09

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?

Only specific kinds of contracts have to be in writing, the majority of them do not. A contract to do renovations within one's house does NOT require a contract to be in writing to be enforceable.

As long as there was an offer + acceptance + consideration (you gave him money for his services) + contract was clear + both of you have the mental capacity to enter into the contract, then it is a valid and enforceable contract.

[kirant]

Originally Posted by J-bo09

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

I think what was meant was that you don't need anything written. If memory serves, verbal contracts are enforceable as long as credible witnesses can testify for it and as long as both sides are aware that they are making an agreement.

[para transit fellow]

If you paid the contractor half upfront, then I believe the fair trading act might apply:

http://www.servicealberta.gov.ab.ca/1254.cfm

[mrvee]

You never should've paid him the other half untill completion.

[Caged Great]

from my experience, you're pretty well f'ed but don't quote my on that. It's near impossible to find quality workers to do any construction job.

[DuffMan]

I think your f'd too, because if you go after him in court he will just go out of business and then start up again.