[drakxiis]

Hi I'm a siding installer in chilliwack because, have my own business but am sub-contracting, I did some piece work for another siding company, handed them a bill for the work as usuall but the contractor has avoided my phone calls and not gotten back to me for almost a month and a half. I went to a jobsite that I knew he would be at soon 6 times and I finally found him there, he told me after work at 5 o clock I could follow him to his place and get a check, after waiting there for 3 hours 5 o clock came around and he asks me to come back tomorrow... can I take him to small claims court to get payment? I never had any contract signed because I have always just had verbal agreements for 8 years that I have been doing siding and never had a problem, I just don't know what to do. Any help appreciated.

[AK lawyer]

... can i take him to small claims court to get payment? ...

If Canadian law is anything like the way the system works in the U.S. sure.

You might also want to consider filing a mechanic's lien, if you have that or a similar concept there. My guess is that he simply doesn't have the money to pay you and the beauty of a mechanic's lien is that it forces someone else (bank, owner, etc. to pay even when the contractor you did the work for has an empty checking (oops, I guess it would be chequeing :)) account.

In BC, eventually they call it a "Builder's Lien". Appears to be the same concept. Read the Builder's Lien Act. Time is very short (or you might be out of time), so be careful.

[Fr_Chuck]

Yes, you can, and hopefully a lesson learned about always have a written contract. He may still avoid you, but more proof when you sue