Should i take this to court?

[Krassus]

I'm a sub-contractor, and in the summer of 2003 we performed about $25,000 worth of work on a private residence. No contract was signed for reasons i won't go into here. We were paid the amount promised, but the issue is that along the way, the owner added about $4000 worth of extras. So in the end, he owes us about $29,000. I've been trying to get the money out of him and stopped by his office today to find a cheque for $1,200 along with a letter saying that this is all he agrees to pay and that if i cash the check, he will consider the matter closed.

But i don't feel like letting the remaining $2,800 go. He made some valid points, and i'm willing to drop $1,000 tops, but that still leaves $1,800. So what should i do? Should i cash the cheque and hire a lawyer? Or perhaps wait and see what the lawyer says about it? How much would the legal fees for this be, and would i be able to make him pay them? BTW, i'm in Canada.

 

[Azraele]

I'd let it go.

 

[Electric Amish]

Originally posted by: Azraele
I'd let it go.

...and sign a contract next time.

 

Go back and remove $1,800 worth of renovations.

 

[Turkish]

This is why we sign contracts.

 

[Hammer]

let it go. don't ever do work without a contract.

 

[yllus]

Fight them to the death with your bat'leth.

 

[Ornery]

"...hire a lawyer?"

What's he gonna do without a contract, besides charge you a huge hourly fee?

 

[Ogg]

Originally posted by: Roger
Go back and remove $1,800 worth of renovations.

I believe hes using the common weasel out tactic.....dont let him

 

[GT1999]

Would it quality for small claims court? I'm not sure, but that's the farthest I'd take it. Lawyers suck. They took a ton of my mom and dad's money when they got a divorce and were fighting over me and my sister back in '91. That money could've put me through college.

 

[Encryptic]

Good God...you didn't sign a contract before doing something that major? WTF is wrong with you?

That said, let it go. You've got zero chance of winning this without a contract in writing.

 

[IamElectro]

Originally posted by: Hammer
let it go. don't ever do work without a contract.

You kind backed yourself into a corner. Let this be a lesson and next time have a detailed contract for the work expected and amounts due. Then ammend the contract as things are added or deleted.

 

[OutHouse]

dude, if you didnt sign a contract and they had additional work done its your fault. All he has to say is "your honor, I did not ask to have all that extra work done".

 

[CPA]

If all of this was verbal, you still have a shot, just as long as nothing is in writing. But you will probably have to go to small claims court - a lawyer will charge you more than the $1800 you would get. It does help though that he admits to owing some amount of money by giving you a check. You just would have to convince the judge that your are owed the rest.

 

[Krassus]

What's it cost to take it to small claims?

 

[KK]

Take it out on his dog.

KK

 

[illusion88]

Ask for half of the difference and then let it go.

 

[CPA]

Originally posted by: Krassus
What's it cost to take it to small claims?

court costs and some filing fees I'm sure. Just call your local small claims court and ask.

 

[wacki]

First of all "No contract was signed for reasons i won't go into here" sounds a little shady to me so if you get a lawyer, make sure he knows all of the facts.

I don't know how Canada works, but you might try small claims court. But don't use Judge Judy she's nothing but trouble!

A contract is a contract. Oral or written it doesn't matter. Even a contract written on a napkin is legally binding, it doesn't matter if the contract is worth $10 or $10 billion. As long as both parties are of sound mind (sober and sane), and there is consideration involved (both parties recieve some form of benefit), then you have a legally binding contract. The only problem is proving you had a contract. That is where paper and carbon copies come in. Always get everything on paper, or tape (video or audio) the agreement.

Another thing you can try wearing a wire. Go in and talk to him and try to get him to admit that he agreed to the $25,000 worth of stuff then added on another $4,000. It's a shady thing to do, wearing a wire, but not in comparison to being a thief. Just make sure you ask a local police officer about the laws regarding covertly recording a conversation.

If that fails, sell your $4,000 unsettled debt to the mob for 10 cents on the dollar.... lol, just joking do it legally with a lawyer.

Look if you get a tape of the agreement the you are assured a win.
If you go to small claims you might win, but there's a chance of losing. But if you win you keep all of the money.

If you choose a lawyer (get a good one) then you have a very good chance of winning, but you will incure legal fees that will soak up alot of your winnings. But atleast you can say he didn't get away with it. I'm guessing ~$2000 for costs, that leaves you with $3,000. But don't quote me on those prices.

Or you can accept your stupidity, act like a dog thats been beat to much and let him stiff you out of your money.

It's up to you.

 

[blahblah99]

No contract = you're screwed.

If you did contractor work on his residence that may violate city building code, you could threaten him with that.

 

[isasir]

Wow, this is a first for me - seeing a homeowner screw a contractor, as opposed to vice versa.

 

[Vette73]

Originally posted by: wacki
First of all "No contract was signed for reasons i won't go into here" sounds a little shady to me so if you get a lawyer, make sure he knows all of the facts.

I don't know how Canada works, but you might try small claims court. But don't use Judge Judy she's nothing but trouble!

A contract is a contract. Oral or written it doesn't matter. Even a contract written on a napkin is legally binding, it doesn't matter if the contract is worth $10 or $10 billion. As long as both parties are of sound mind (sober and sane), and there is consideration involved (both parties recieve some form of benefit), then you have a legally binding contract. The only problem is proving you had a contract. That is where paper and carbon copies come in. Always get everything on paper, or tape (video or audio) the agreement.

Another thing you can try wearing a wire. Go in and talk to him and try to get him to admit that he agreed to the $25,000 worth of stuff then added on another $4,000. It's a shady thing to do, wearing a wire, but not in comparison to being a thief. Just make sure you ask a local police officer about the laws regarding covertly recording a conversation.

If that fails, sell your $4,000 unsettled debt to the mob for 10 cents on the dollar.... lol, just joking do it legally with a lawyer.

Look if you get a tape of the agreement the you are assured a win.
If you go to small claims you might win, but there's a chance of losing. But if you win you keep all of the money.

If you choose a lawyer (get a good one) then you have a very good chance of winning, but you will incure legal fees that will soak up alot of your winnings. But atleast you can say he didn't get away with it. I'm guessing ~$2000 for costs, that leaves you with $3,000. But don't quote me on those prices.

Or you can accept your stupidity, act like a dog thats been beat to much and let him stiff you out of your money.

It's up to you.

That is NOT true. It depends on the state, and he is not even in the US.

Example. Here in NC the law is a Oral contract is good IF it has a vaule of less then $10,000 AND/OR it shall start and end within a one year period. So a 13 month contract has to be written, or a $10,001 of repairs also has to be written to be turely valed.

So check Canda law, and even your provience laws, to see what they say.

 

[rahvin]

You are a contractor? Do you have a Contractors license? If you do go down the city hall and file a lein against his property for the $4000, it will probably cost you around $20-40 to file the lein.

Next call him and tell him you filed a lean against his property for the $4000 and if he wants it removed right now you can settle it for $3000 otherwise you will wait until he tries to sell the property (or tries to get a loan against it) and it will accumulate interest at the rate of 21% per annum.

The law ALWAYS favors the contractor in these disputes, providing you are a registered contractor you should have no problem getting your $$. [edit] The only way the property owner can get the lein removed is if you go out of business or he sues you, thus putting the legal burdon of proof on him.[/edit]

 

[wacki]

Originally posted by: Marlin1975

Originally posted by: wacki
First of all "No contract was signed for reasons i won't go into here" sounds a little shady to me so if you get a lawyer, make sure he knows all of the facts.

I don't know how Canada works, but you might try small claims court. But don't use Judge Judy she's nothing but trouble!

A contract is a contract. Oral or written it doesn't matter. Even a contract written on a napkin is legally binding, it doesn't matter if the contract is worth $10 or $10 billion. As long as both parties are of sound mind (sober and sane), and there is consideration involved (both parties recieve some form of benefit), then you have a legally binding contract. The only problem is proving you had a contract. That is where paper and carbon copies come in. Always get everything on paper, or tape (video or audio) the agreement.

Another thing you can try wearing a wire. Go in and talk to him and try to get him to admit that he agreed to the $25,000 worth of stuff then added on another $4,000. It's a shady thing to do, wearing a wire, but not in comparison to being a thief. Just make sure you ask a local police officer about the laws regarding covertly recording a conversation.

If that fails, sell your $4,000 unsettled debt to the mob for 10 cents on the dollar.... lol, just joking do it legally with a lawyer.

Look if you get a tape of the agreement the you are assured a win.
If you go to small claims you might win, but there's a chance of losing. But if you win you keep all of the money.

If you choose a lawyer (get a good one) then you have a very good chance of winning, but you will incure legal fees that will soak up alot of your winnings. But atleast you can say he didn't get away with it. I'm guessing ~$2000 for costs, that leaves you with $3,000. But don't quote me on those prices.

Or you can accept your stupidity, act like a dog thats been beat to much and let him stiff you out of your money.

It's up to you.

That is NOT true. It depends on the state, and he is not even in the US.

Example. Here in NC the law is a Oral contract is good IF it has a vaule of less then $10,000 AND/OR it shall start and end within a one year period. So a 13 month contract has to be written, or a $10,001 of repairs also has to be written to be turely valed.

So check Canda law, and even your provience laws, to see what they say.

I talked to my dad who happens to be a banking lawyer, and Marlin1975, you are correct on the province thing, but I still stand by my statement on the oral thing. I was taught in business law that a contract is a contract, and according to my father, in most cases I am right not only in Indiana (my fathers state), but in most other states. However, there are exceptions, according to Indiana law under the uniform commercial code the following have to be in writing.

contracts involving
over $500 sale of goods (as in a car/tv/house)
land
lease for more than 3 years

There are exceptions involving partially completed or fully completed contracts that were oral, sometimes they do not have to be in writing and sometimes they do. Here, the law starts to get a little ugly on exceptions and requirements. But then again, you live in Canada, and I am in the U.S., so like Marlin1975 said the law is surely different.


Get this, my father said his firm was paid these amounts when simply arguing over the meaning of

"reasonable wear and tear" (when talking about a roof of a factory) $170,000
"the general partners will be provided advice and council" $2.5 million

So sometimes contracts can get messed up even if they are in writing, simply because of semantics. Kind of messed up isn't it.