What can I do about a builder that has overcharged for their work on my house? Alberta. I paid 7000.00 as they were

Expert's Assistant chat
Customer: What can I do about a builder that has overcharged for their work on my house?
JA: What state are you in? It matters because laws vary by location.
Customer: Alberta
JA: What steps have you taken so far?
Customer: I paid 7000.00 as they were working. They gave me a bill of 15,000 but the work is definately not worth that much and there were damages done to the home. I have sent emmails to show him damages and to point out why I am not willing to pay what he is billing.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I did not sign anything before they started. I am worried he will put a lien on my house.
Answered by Joey in 5 mins 8 months ago
imglogo
Joey
10+ years of experience
logo

9614 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Joey
logo
logo
9614 Satisfied customers
logo
10+ years of experience
imglogo
Joey
10+ years of experience
logo

9614 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
Thank you
img

Joey, Expert

Good evening - sorry to hear of the situation. To clarify, did you sign a building contract with them?

Customer
No
img

Joey, Expert

Can you please tell me what you agreed to?

Customer
It was verbal, they did give me an estamate but we changed some of the work that was to be done.
Customer
Originally they were going to lay flooring but I chose for them to do a closet instead and a bit of drywall on the ceiling to remove potlights and a bulk head.
Customer
They verbally agreed to have the work done also for the end of October and it is still not done.
Customer
The other part of the construction was to add 2 walls and put in a toilet and sink.
img

Joey, Expert

Verbal agreements are difficult given there are likely two or more different understandings of what was agreed to. If there is a dispute, then the court would need to hear the verbal testimony and any documentation to ascertain what was agreed to. This can get complicated for obvious reasons.

Customer
Can he put a lien on my property?
Customer
I am still trying to work it out with him but he deflects any damages onto others, and insists on excessive charging. Everything is left incomplete because all trust is erroded.
img

Joey, Expert

Yes, they may put a construction lien on your property.

Customer
How do I avoid this? Do I have to pay his ransom? What is my recourse?
Customer
I have good credit and free title to my home. I am more than willing to pay what is fair.
img

Joey, Expert

They will need to then sue you to perfect the lien. Assuming you defend it, there would be a court case and hearing.

Customer
they would have to contact me to tell me what they are suing for, then I would put together my argument and send it to them before it would go to court?
Customer
he cannot put a lein on my home unless it goes to court? Is that what "perfect the lien" means?
img

Joey, Expert

He can register a lien within 45 days.

Customer
is that automatic?
img

Joey, Expert

Yes.

img

Joey, Expert

He then needs to "perfect it" by filing a legal claim against you within 180 days.

Customer
45 days from when? He has not been in my house or done any work since we moved in on Nov. 11th
img

Joey, Expert

45 days when the work was finished.

Customer
The work is incomplete and we will not be having him back. (too many damages and overbilling)
img

Joey, Expert

When the work was last done in that case.

Customer
What should I do now? I agreed to pay him another 3,000 more which is more than fair, but he wants another 5000, which is way more than the work is worth particularly since it is unfinished.
Customer
Does the 45 days start after we last talked or the actual work.
img

Joey, Expert

That's your personal decision whether to negotiate with him or refuse to pay and see whether he puts a lien on your property and sues you. It's unknown what he will do.  45 from the last day he did work.

Customer
Does doing work include him coming over to discuss his charges?
Customer
He is a contractor and it has been a good while since the subtrades where here.
Customer
Is the lein valid before it it "perfected?'
img

Joey, Expert

Actual work on the property.

img

Joey, Expert

Yes, it's valid.

Customer
I cant sell my house?
img

Joey, Expert

You can sell it as long as the lien is paid out.

Customer
Even if it has not been "perfected"
img

Joey, Expert

It's still valid, but if they want to take any action they need to perfect it. I don't see why they wouldn't, it's standard practice.

Customer
Does the lein automatically come off after the 180 days?
img

Joey, Expert

You would need to contact the land registrar to remove it after 180 days if you're not sued.

Customer
Does he have to notify me if he is placing a lien on the property?
img

Joey, Expert

They'll likely let you know. It's used as leverage to get people to pay.

img

Joey, Expert

Did you have any additional questions about this issue?

Customer
Is there some place we can go to get estimates for work that was done?
Customer
do I pay another contractor?
img

Joey, Expert

You can retain your own contractor to give you an estimate if needed.

Customer
Thanks. ***** refer to this document after we close out?
img

Joey, Expert

Of course you can.

Customer
Thank you.
img

Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
thank you.
img

Joey, Expert

You're welcome.

Customer
Hello?
Customer
I have one more question.
Customer
what do I have to do to find out if there is already a lien placed against my property?
img

Joey, Expert

You can contact your local land registry office.

Customer
Thank you.
img

Joey, Expert

You're welcome.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer