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Contractor took deposit and didn't show

  • Last Updated:
  • Sep 21st, 2020 1:25 pm
[OP]
Jr. Member
Oct 31, 2012
116 posts
61 upvotes
Toronto

Contractor took deposit and didn't show

So back in June I called a few contractors to have interlocking done in the front yard and driveway. Paid 1400 deposit and and got written confirmation for work to be started June 29 2020 and completed in 2 weeks. He came and dug up but has not shown since ( today being September 14 2020 ) phone is off no reply on any social media or emails since mid August .

My question is it worth taking him to small claims court it or do I cut my losses and move on, any other recourse I should look into ? Any help or suggestions would be appreciated.

I did do research and the same contractor had done work a few friends of friends and so on.

Thanks
73 replies
Deal Addict
Feb 4, 2010
3561 posts
2352 upvotes
I have never understood why people pay upfront for a job that has yet to be performed- especially an independent contractor who can easily get away this kind of deceit. If they refuse to do work without being paid first, that's a good sign you should stay clear of them.

How did you pay, by cash? If yes, forget it. Do you know for a fact that you have his legal name, address, phone number, etc. in order to take him to court? If by credit card, then I would try with them first.
Before responding to someone (online or offline) ask yourself: is it true? is it helpful? is it kind? is it necessary? This comes from an old Sufi adage that is so relevant today.
Sr. Member
Jun 21, 2011
903 posts
113 upvotes
YYZ
small claims .. and I did asphalt and I had interlock, the company did not take any money upfront and they came and dug the driveway and put gravel and 3 weeks later came and did it. and I paid them in full .. never pay more than 100 for deposit!
Deal Addict
User avatar
Apr 8, 2006
2026 posts
768 upvotes
I had one guy did this to me for my kitchen renovation. I went to his place of business to look for him. Sometime they are busy and since you already paid there is no rush. Go and look for him and find out if you can. I got him to come and finish my kitchen but I paid him less due to him screwing me over.
Any man who tells you he enjoys a cold shower will lie about other things

Ronald Reagan
[OP]
Jr. Member
Oct 31, 2012
116 posts
61 upvotes
Toronto
hierophant wrote: I have never understood why people pay upfront for a job that has yet to be performed- especially an independent contractor who can easily get away this kind of deceit. If they refuse to do work without being paid first, that's a good sign you should stay clear of them.

How did you pay, by cash? If yes, forget it. Do you know for a fact that you have his legal name, address, phone number, etc. in order to take him to court? If by credit card, then I would try with them first.
Paying upfront was stupidity on my part I agree but because of the work he had done for others I had no reason to be suspicious. I do have his legal name and business address which seems to be his house address and I paid interact e transfer
[OP]
Jr. Member
Oct 31, 2012
116 posts
61 upvotes
Toronto
bas00m wrote: small claims .. and I did asphalt and I had interlock, the company did not take any money upfront and they came and dug the driveway and put gravel and 3 weeks later came and did it. and I paid them in full .. never pay more than 100 for deposit!
Paying upfront was stupidity on my part. Lesson learned but I had no reason to be suspicious.
[OP]
Jr. Member
Oct 31, 2012
116 posts
61 upvotes
Toronto
xpressmerchant wrote: I had one guy did this to me for my kitchen renovation. I went to his place of business to look for him. Sometime they are busy and since you already paid there is no rush. Go and look for him and find out if you can. I got him to come and finish my kitchen but I paid him less due to him screwing me over.
His business is registered to a house address where I did find his brother who said he will let him know I was looking for him .
Sr. Member
Nov 6, 2014
641 posts
945 upvotes
Woodbridge, ON
Was there a GST# on the contract? I bet he doesn't remit taxes. haha....maybe report his a$$.......
Deal Fanatic
Jan 25, 2007
8859 posts
4511 upvotes
Paris
hierophant wrote: I have never understood why people pay upfront for a job that has yet to be performed- especially an independent contractor who can easily get away this kind of deceit. If they refuse to do work without being paid first, that's a good sign you should stay clear of them.

How did you pay, by cash? If yes, forget it. Do you know for a fact that you have his legal name, address, phone number, etc. in order to take him to court? If by credit card, then I would try with them first.
Without a deposit, there is no way we are doing any work for you.
Deal Addict
User avatar
Apr 8, 2006
2026 posts
768 upvotes
sdanny wrote: His business is registered to a house address where I did find his brother who said he will let him know I was looking for him .
Yeah just talk to him to arrange. Sometime they are busy and they dont give a shit unless you go looking. I hate those type of business folks.
Any man who tells you he enjoys a cold shower will lie about other things

Ronald Reagan
[OP]
Jr. Member
Oct 31, 2012
116 posts
61 upvotes
Toronto
fordmaple wrote: Was there a GST# on the contract? I bet he doesn't remit taxes. haha....maybe report his a$$.......
No GST number just a written contract.
Deal Addict
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Dec 4, 2009
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fordmaple wrote: Was there a GST# on the contract? I bet he doesn't remit taxes. haha....maybe report his a$$.......
I'm sure he didn't pay GST on the $1400!
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
Deal Fanatic
Mar 21, 2002
6326 posts
987 upvotes
sdanny wrote: Paying upfront was stupidity on my part. Lesson learned but I had no reason to be suspicious.
He's a contractor. That's all the reason you need to be suspicious and on your guard.
Sr. Member
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Oct 24, 2016
802 posts
651 upvotes
ON
Jerico wrote: Without a deposit, there is no way we are doing any work for you.
With all respect I beg to differ here. Having so much renovation work done over the years, I have never felt the need to pay any advance. I can recall having made one single payment after completion of the work (roofing, concrete driveway/walkway, eves, digging basement entrance below grade). An advance payment should and is called for when something is made to order/measurements, eg windows - that is the only time I paid in advance and because it was not an independent contractor.
Isn't it great to live in the 21st century where deleting history has become more important than making it.
Deal Addict
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Oct 24, 2005
4633 posts
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Burlington
Jerico wrote: Without a deposit, there is no way we are doing any work for you.
Only time I've paid deposit is for custom work, meaning custom kitchen etc that if I back out the contractor cannot re-use cabinets and would be stuck.

I've also paid as you go - meaning you finish 30% of the work I give you 30% of the pay.

But most contractors have not asked for anything until full completion.

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