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    Reno2008's Avatar
    Reno2008 Posts: 34, Reputation: 1
    Junior Member
    		  
    #1

    Jan 13, 2009, 04:13 PM
    Home Builder not paying subtrade
    I did some ceramic tile work for a home builder back in August of 2008 and he keeps delaying to pay the outstanding invoices for the work that has been done. He has mentioned to me that he needs 30 days to come up with the money because he has no cash, but he came up with a list of deficiencies and which I repaired them at my own cost just to make him happy. He is also with holding payment on other trades.

    Now two weeks ago he decided to take me to court because he feels the work that was done is not acceptable and wants me to remove and reinstall the work. What are some options that you can recommend? And does he have grounds to sue me? Can I sue or countersue him for mental and finical damages?

    The builder currently has two luxury homes on the market and cannot sell them.

    Edmonton, Alberta
    Canada
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 13, 2009, 04:23 PM

    You counter sue him for the money he owes you, you prove in court your work is OK, and prove he owes you.
    nike 1's Avatar
    nike 1 Posts: 167, Reputation: 16
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    #3

    Jan 13, 2009, 07:05 PM
    My first question is did you have him sign a trade agreement or contract including a payment schedule? If so, sue him if your work is complete and done to acceptable practice. Next question is how can he sue you when you haven't been paid for the job? I have worked as a drywall contractor in the residential home building industry for many years. They are all lying scumbags that will say and do anything to save their own . Always have everything in writing before you do anything with their signature and document everything! And if you can, take pictures of before and after projects. Always protect yourself, they are never your friends, trust me on that! Good luck and hopefully lesson learned.
    pogybait's Avatar
    pogybait Posts: 5, Reputation: 1
    New Member
    		  
    #4

    Jan 14, 2009, 12:45 PM

    Or you can do what my Brother in law did to a Builder who owed him 3200 dollars.He Threw a 20 once hammer through his windshield of a brand new 74 Caddy and then proceeded to stomp the Hood and then the roof.And said WEAR EVEN...
    Reno2008's Avatar
    Reno2008 Posts: 34, Reputation: 1
    Junior Member
    		  
    #5

    Jan 15, 2009, 03:50 PM

    He did pay me for some of the work, but he didn't say anything about my work and had no problem with it until now. Their was no contract between us.
    nike 1's Avatar
    nike 1 Posts: 167, Reputation: 16
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    #6

    Jan 15, 2009, 04:05 PM

    Chaulk this one up to experience. Lesson learned
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