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Small Claims - Bad Contractor

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  • Aug 17th, 2017 8:26 am
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Jr. Member
Nov 6, 2013
106 posts
19 upvotes

Small Claims - Bad Contractor

Hello

We hired a contractor to do 2 bathrooms and pot lights in the hallway. He gave us a written estimate but no contract was signed. We had a verbal agreement on the price and scope of work.

He was let go half way through the job for poor workmanship, refusing to redo stuff and lieing about what could or could not be done to cut corners.

We paid him 20% at the start but he is stating he is entitled to 70%. He was advised that once we got estimates for stuff that needed to be redone and all the materials we paid for (which he said we're included) we would pay the difference.

He delivered plaintiff's claim today. Just wondering if someone had any experience with the process and can give any advice.

Thank You
45 replies
Deal Expert
User avatar
Feb 8, 2014
32148 posts
15427 upvotes
Socially Distanced
No contract?
In fact in Rand McNally they wear hats on their feet and hamburgers eat people
Deal Addict
Aug 19, 2011
4226 posts
3152 upvotes
Markham
Curious the contractor chose the small claims route wben he could easily put a construction lien.

You say he was let go half way, so why do you think he is entitled to only 20%?
Jr. Member
Nov 6, 2013
106 posts
19 upvotes
I'm not sure how much he is entitled to.

1. He never broke down the estimate in terms of price. But once he understood that it's over he said 5k per bathroom and 2k for potlights.

2. The bathroom he "finished" is less work then bathroom he didn't finish.

3. I have to redo things in both bathrooms as he butchered the tile job upstairs, my vanity door don't close because they are hitting the plumbing pipe, the paint job is poor as you can see streaks, he damaged my bathtub and hallway walls, bathroom doors etc.

3. He is saying he wants 2k for 13 potlights and 3 pendants (I provided him with potlights and pendants) that works out to 125 per light labor only which is highway robbery.

Downstairs he built me a 6" pedestal for the shower when I told him I want flat floor and a linear drain. The framing he didn't wasn't proper as all the angles were off and the tiling would have been a nightmare etc all of this had to be redone. He lied saying it's impossible to put a linear drain downstairs. I had 3 licensed plumbers come in who said it's not an issue.

I told him I would pay him the difference between what he thinks I owe him and what I spend on fixing his "handy work". However I told him I need atleast a weak to get estimates as it is a busy season for contractors. He didn't wait and served me with notice last night. Which I am fine with as now I don't have to worry about worrying how much to pay him.
Jr. Member
Nov 6, 2013
106 posts
19 upvotes
Quentin5 wrote: No contract?
He gave us an estimate. When we sent him a revised copy of what we wanted he got angry that there was stuff highlighted in red and came over in person. His statement was "I am in the business 30 years, I don't need to write down every little detail. Plus I will do many extra things for you that people usually charge for to make you happy. Don't worry i can just have a glance and know everything that needs to be done" So our agreement was verbal in the end.
Member
Feb 8, 2017
459 posts
261 upvotes
IDK but if he gave you an estimate and he started work maybe the court will find that you agreed to the estimate and that is what will be used in determining how much money you owe him? hope you have lots of pictures of his poor work.
Jr. Member
Nov 6, 2013
106 posts
19 upvotes
I do have lots of pictures.

Anyone else has been through this?
Deal Guru
Jan 25, 2007
12695 posts
7861 upvotes
Paris
No contract on either part means no standing on either part. Lesson learned about "I've been in the business for 30+ years and I'm good so trust me". Contracts protect BOTH PARTIES
Deal Addict
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Dec 18, 2004
1117 posts
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Mississauga
Are you in Mississauga ? I can give you estimate for court use
CoNtRaCtOr
Jr. Member
Nov 6, 2013
106 posts
19 upvotes
TTony wrote: Are you in Mississauga ? I can give you estimate for court use
Yes Ttony. Please PM me and I'll send you my #
Deal Addict
Apr 10, 2017
3047 posts
2146 upvotes
moretz wrote: He gave us an estimate. When we sent him a revised copy of what we wanted he got angry that there was stuff highlighted in red and came over in person. His statement was "I am in the business 30 years, I don't need to write down every little detail. Plus I will do many extra things for you that people usually charge for to make you happy. Don't worry i can just have a glance and know everything that needs to be done" So our agreement was verbal in the end.
As soon as I hear "don't worry", it sets all types of alarms for me. I never deal with people who say that. These type of people always cut you while you're speaking to them.
Deal Guru
Jan 25, 2007
12695 posts
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Paris
This is a huge red flag (ha!) so to speak "I will do many extra things for you that people usually charge for to make you happy."
Deal Fanatic
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Oct 19, 2008
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Whitby
Jerico wrote: This is a huge red flag (ha!) so to speak "I will do many extra things for you that people usually charge for to make you happy."
Does sound like a cheap hooker.
Banned
Feb 13, 2017
951 posts
1283 upvotes
moretz wrote: I'm not sure how much he is entitled to.

1. He never broke down the estimate in terms of price. But once he understood that it's over he said 5k per bathroom and 2k for potlights.

2. The bathroom he "finished" is less work then bathroom he didn't finish.

3. I have to redo things in both bathrooms as he butchered the tile job upstairs, my vanity door don't close because they are hitting the plumbing pipe, the paint job is poor as you can see streaks, he damaged my bathtub and hallway walls, bathroom doors etc.

3. He is saying he wants 2k for 13 potlights and 3 pendants (I provided him with potlights and pendants) that works out to 125 per light labor only which is highway robbery.

Downstairs he built me a 6" pedestal for the shower when I told him I want flat floor and a linear drain. The framing he didn't wasn't proper as all the angles were off and the tiling would have been a nightmare etc all of this had to be redone. He lied saying it's impossible to put a linear drain downstairs. I had 3 licensed plumbers come in who said it's not an issue.

I told him I would pay him the difference between what he thinks I owe him and what I spend on fixing his "handy work". However I told him I need atleast a weak to get estimates as it is a busy season for contractors. He didn't wait and served me with notice last night. Which I am fine with as now I don't have to worry about worrying how much to pay him.
you should sue his ass for this line alone. What a crook.

I had 70 pot lights installed in my house and 3 pendant island lights, and 6 other fixtures in all the bedrooms...the cost was $3000 total (including the pot lights, I bought the other lights)
Deal Guru
Jan 25, 2007
12695 posts
7861 upvotes
Paris
crocp8 wrote: you should sue his ass for this line alone. What a crook.

I had 70 pot lights installed in my house and 3 pendant island lights, and 6 other fixtures in all the bedrooms...the cost was $3000 total (including the pot lights, I bought the other lights)
Did he have a licensed electrician do it?
Member
Mar 25, 2017
498 posts
270 upvotes
crocp8 wrote: you should sue his ass for this line alone. What a crook.

I had 70 pot lights installed in my house and 3 pendant island lights, and 6 other fixtures in all the bedrooms...the cost was $3000 total (including the pot lights, I bought the other lights)
Who was the contractor ?
Sr. Member
Aug 18, 2014
602 posts
385 upvotes
Markham, ON
crocp8 wrote: you should sue his ass for this line alone. What a crook.

I had 70 pot lights installed in my house and 3 pendant island lights, and 6 other fixtures in all the bedrooms...the cost was $3000 total (including the pot lights, I bought the other lights)
That's a bit unrealistically cheap tho..?
Basically less than $40 per potlight, materials and labor...

Or did i just get rip off? (I paid $70/light, good friend of mine too)
Banned
Feb 13, 2017
951 posts
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pinkdonut wrote: That's a bit unrealistically cheap tho..?
Basically less than $40 per potlight, materials and labor...

Or did i just get rip off? (I paid $70/light, good friend of mine too)
was doing a full house reno, so all ceilings were opened....not retrofitted, So I guess its cheaper that way

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