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Advise needed: concrete contractor trying to go to court on me

  • Last Updated:
  • Jul 21st, 2019 5:52 pm
[OP]
Newbie
Mar 18, 2018
1 posts

Advise needed: concrete contractor trying to go to court on me

Advise needed: we hired a cement contractor for doing stairs for the backyard and front and back concrete patio.

Its been a month and he just put some concrete under the wooden stairs and he is not coming to finish the job from almost 2 weeks. When called and asked he is saying he is saying he got injured in my property. And will not come for 6 weeks. I said I had to do some landscaping work back and have to finish it soon. Asked for refund so that I could hire someone to finish. He is saying advance given cant be refunded back. And now he says he will go to small claims court.

Please help. Please advise.
11 replies
Deal Fanatic
Apr 25, 2006
5456 posts
700 upvotes
How much is said job?
"If you make a mistake but then change your ways, it is like never having made a mistake at all" - Confucius
Deal Expert
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Feb 24, 2003
15334 posts
2227 upvotes
Toronto
Do you have a written contract?
Deal Fanatic
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Mar 23, 2008
9841 posts
6197 upvotes
Edmonton
kakhileshreddy wrote:
Jul 17th, 2019 8:36 pm
Advise needed: we hired a cement contractor for doing stairs for the backyard and front and back concrete patio.

Its been a month and he just put some concrete under the wooden stairs and he is not coming to finish the job from almost 2 weeks. When called and asked he is saying he is saying he got injured in my property. And will not come for 6 weeks. I said I had to do some landscaping work back and have to finish it soon. Asked for refund so that I could hire someone to finish. He is saying advance given cant be refunded back. And now he says he will go to small claims court.

Please help. Please advise.
What is he "going to small claims court" for? His "injuries"? Tell him to file a WCIB claim.

Pay someone to finish the work, then take him to court for the difference between your contract (you did have one, right) and the total amount you're out of pocket (cost to other contractor + deposit to this shyster).

Might want to list a province, in case it's relevant.

C
Sr. Member
User avatar
Feb 25, 2004
566 posts
146 upvotes
Longueuil
What would he sue for? You need to list your province, it is important. In Québec, a company can only go to small claims court if they have 10 employees or less.
Try not! Do or do not, there is no try...
Deal Guru
Feb 7, 2017
10167 posts
7463 upvotes
Eastern Ontario
JEDI Force wrote:
Jul 19th, 2019 11:01 pm
What would he sue for? You need to list your province, it is important. In Québec, a company can only go to small claims court if they have 10 employees or less.
This

See you are a RFD Newbie
As this is a Canadawide website it indeed matters where you live cuz things are different across all the Provinces & Territories
No matter what you post about on RFD
Be it laws, Stores, products etc

You can edit your profile to show a location
As a minimum make it your Province... but it could be a Region, closest city or town
The info will be listed under your User Name
Mine says Eastern Ontario
Where @JEDI Force says Longueuil and @CNeufeld says Edmonton

Anyhow it definitely makes replying to posts easier for us
And getting the answers you want easier for you the first time without a whole lot of back & forth
And RFDErs get a general idea of where you are from to better know how your experiences might be different from where they live
= Less misunderstandings
Deal Fanatic
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Sep 8, 2007
7113 posts
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Way Out of GTA
Sounds like you should be threatening to take him to court.

But he’s turned the tables but threatening you for work that he hasn’t done.

I wouldn’t want some scammer like this doing the job anyways. Either walk away and get someone reputable. Or if the deposit is under $1000 file and take him to small claims.
Deal Guru
Feb 9, 2006
10572 posts
4825 upvotes
Brampton
If you're from Ontario he might be outright scamming you.

In Ontario he needs to show proof that he had WSIB otherwise if he did get injured he can indeed sue the property owner for his injuries.

So he's not finishing the work and he's threatening to sue you.
Did you hire a Kijiji handyman?
Deal Expert
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Dec 26, 2005
16554 posts
1559 upvotes
Thornhill
Call his bluff. Tell him to take you to court. Isn't he really just trying to take your home insurance company to court?

bjl
What we do in life echoes in Eternity... and in Google cache.
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Deal Fanatic
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Oct 16, 2008
6896 posts
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Maple
OP
He is bluffing you to scare you, to cover his faults/mistakes.
Deal Addict
Dec 15, 2009
1265 posts
440 upvotes
Ontario
Reply with mention of a CRA anonymous report on his business. Even if he is legit his life will be miserable during the audit of every cent he brought in and spent. These contractor bullies deserve retribution.
Newbie
Apr 22, 2019
92 posts
45 upvotes
He’s just trying to scare you, you’re never seeing the money you gave him again. Same thing happened while renovating my basement a few years ago, contractor kept asking for more and more to buy “materials” and all he ended up doing was demo and walked off, took him to small claims and barely got anything out of him, he was broke to begin with. Cut your losses and be more careful next time.

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