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Steps to fight a construction lien

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  • Feb 15th, 2020 6:27 pm
[OP]
Newbie
Dec 9, 2018
31 posts
9 upvotes

Steps to fight a construction lien

To keep it brief, I dismissed a contractor. I feel that he was compensated for more than what was fair for work that was done, he does not to make a long story short. I feel that I have the necessary documentation to make a reasonable defense if needed. The registered letter from a lawyer stated that I have 10 days to pay or I am at risk of them pursuing a lien or civil litigation. What are the steps to contesting a lien? I will try to contact a lawyer next week but time is limited and if I do have to respond on my own accord, I want to make sure that I'm covering my bases. Thank you.
8 replies
Deal Addict
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Jan 4, 2007
1363 posts
83 upvotes
GTA
You will need a lawyer and lots of cash to fight it. If the amount is minimal and Anychance you will lose.. PAY !
Deal Fanatic
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Sep 8, 2007
8566 posts
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Way Out of GTA
Don’t listen to this guy^^^^^

How much is the amount? As it might fall into small claims court. You don’t really need to do anything at this point. The letter is likely just a shakedown. But I’ve seen your evidence of their sloppy work in the other thread. If small claims then I’m not sure you need to get a lawyer involved on your side and start running up bills.

Given the original thread talks about $7-8k....I’m doubting he wants to run up actual legal fees either. So the letter is likely a shakedown. They could lien the house but given the inadequacy of the work....doubt they’d win.

sloppy-contractor-charges-way-more-than ... s-2344283/
"It is in times of great fear or greed that the most opportunity exists."
[OP]
Newbie
Dec 9, 2018
31 posts
9 upvotes
$9700 for 2 invoices that were made after I dismissed him and that I had never seen
[OP]
Newbie
Dec 9, 2018
31 posts
9 upvotes
He also says that he completed the work but he didnt. I got pictures of everything after he left when I dismissed him and then my spouse and I put about 30 hours of work in topass inspection the next week. We have reciepts too.
[OP]
Newbie
Dec 9, 2018
31 posts
9 upvotes
skeet50 wrote: This linkway be helpful: https://www.legalline.ca/legal-answers/ ... tion-lien/

and this when dealing with increases after agreement of signed quotes: https://www.thespec.com/news-story/2095 ... ontractor/
This is helpful. I'm guessing the letter is just a shakedown so I can respond and state that I intend to counterclaim if served with a notice of lien and just have a statement of defences ready to go. I have all the needed evidence to do so. Now I just need to decide whether to respond now with a list of evidence and my intent or just wait it out and see if I get a notice.
Deal Fanatic
Feb 4, 2015
5818 posts
2350 upvotes
Canada, Eh!!
Send a similar letter yourself.
July 13, 2017 to October 25, 2018: BOC raised rates 5 times and MCAP raised its prime rate next day each time.

2020: BOC dropped rates 3 times and MCAP waited and waited to drop its prime rate to include all 3 drops.
Member
Aug 29, 2019
411 posts
147 upvotes
cartfan123 wrote: Don’t listen to this guy^^^^^

How much is the amount? As it might fall into small claims court. You don’t really need to do anything at this point. The letter is likely just a shakedown. But I’ve seen your evidence of their sloppy work in the other thread. If small claims then I’m not sure you need to get a lawyer involved on your side and start running up bills.

Given the original thread talks about $7-8k....I’m doubting he wants to run up actual legal fees either. So the letter is likely a shakedown. They could lien the house but given the inadequacy of the work....doubt they’d win.

sloppy-contractor-charges-way-more-than ... s-2344283/
If his (contractor) case has a reasonable chance of winning, he can recoup fees for 15% which would easily cover the cost of a paralegal.

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