Need possible legal advice!

RedFireGreg

RedFireGreg

RedFireNetwork.com
Oct 6, 2010
228
2
0
West Coast!
www.redfirenetwork.com
Ok guys I need some advice here, here is the story.


I opened a coffee shop in Vancouver here, the contractor did good work at the start I was pleased. Time went on and his work slipped and I have become unhappy with him. The last time he was here he left saying that there was a few items he needed to come back and finsh which I was fine with. About a month later I get a final invoice which I was about to pay just to get rid of him but I asked a yes/no question about the invoice and he went off in several emails to me going off that the work was completed 30 days ago. I had have no right to question his bill and that I have had 30 days to let him know of any things he needed to come back and fix and so on. Now I am pissed and have a feeling that he is not planning on coming back and finishing the job. Trying to get that last check and see me later.

So after several emails ( 3 weeks worth ) He is threatening me with putting a lean on my business and all that crap. Telling me I had my 30 days legally speaking and so on. To back things up here I did not sign any contract with him regarding the work. ( yes I know I should always )

So I looked up his website and found he has a .ca. So I naturally grabbed the .com. My thoughs are should I put up a wordpress theme post pics of his crap work and write a little blab about what crap work. Then just out rank him in everything for his site.

Legally speaking I am allowed to post like a testamonial and just post facts ( pictures ), as long as I can back them up and he can do nothing about it. I am not 100% sure about that in this situation. Anyone got any advice for that?

I am also going to go complain to the BBB, see how he likes that.
 


Strange to come to an internet marketing forum and ask for legal advice for an offline situation.
 
writtenstyle said:
Strange to come to an internet marketing forum and ask for legal advice for an offline situation.
Click to expand...

OK I have the .com for his business name. He has the .ca. Asking if I can put up crap about his work and business practices and not be sued is basicially what I am asking.

I am under the impression that I can as long as I am not directly saying he is fraud or something like that. Just give my side of the story with pic's and so on.

What else I will do I have that taken care of.
 
I would make him finish the work before paying or settle it and hire someone to finish. Him not having a contract is going to cause some trouble for him if it goes to small claims. Get a quote for the remainder of the work and keep all you documentation. As far as the domain i wouldnt push it yet if he makes threats or anything then u have the ammo try to settle it and move on with someone else
 
what type of coffee shop?

coffee-shop.jpg


or

Amsterdam-Coffee-Shop-Menu.jpg
 
Had this happen to a few friends in Vancouver. One time in particular, the cabinet installer came back to my friends home and smashed them.....with his fists.

Just tell GlobalTV News. They love airing stories like this.
 
identity_00 said:
I would make him finish the work before paying or settle it and hire someone to finish. Him not having a contract is going to cause some trouble for him if it goes to small claims. Get a quote for the remainder of the work and keep all you documentation. As far as the domain i wouldnt push it yet if he makes threats or anything then u have the ammo try to settle it and move on with someone else
Click to expand...

Yeah will prob do that just keep that domain to myself unless it gets ulgy. As for documentation I have emails from him saying that he is coming back to finish the job. Then a month later I am done where is my money!
 
Destro said:
Had this happen to a few friends in Vancouver. One time in particular, the cabinet installer came back to my friends home and smashed them.....with his fists.

Just tell GlobalTV News. They love airing stories like this.
Click to expand...


Yeah I have heard of some horror stories too from friends. You are right Global does love this stuff. Prob call my friends at team 1040 who would tell me who to contact for that stuff.

See this is what happens when you do not do this stuff yourself. Fuck why am I always like why do it when I can paysomeone else to do it for me.
 
I would not put up a site bashing him right now as it could create a lawsuit against you, yes you have the right to, but you are also in a position to take him to court for not finishing the job.

If you start bashing him it will give him juice to use against you legally as well.

It just makes you look bad.

I know it's tempting, but bite your tongue, if you do have a lawyer the first thing he will tell you to do is shut up, and say nothing.

If you have proof like you say you do that he was going to come back, that means something, it also gives your grounds to not pay him.

You said there was no contract, that does happen, and word of mouth means something, plus having written e mails from him also shows he committed to doing a certain amount of work, for a certain price.

You can also flip it back on him if he says there was no contract, when he invoices you can simply ask for his contract where you agreed on his pricing...

If he does not meet your standard and you did not ok the final work, then he cannot send a final invoice and expect it to be paid.
 
RedFireGreg said:
Ok guys I need some advice here, here is the story.


I opened a coffee shop in Vancouver here, the contractor did good work at the start I was pleased. Time went on and his work slipped and I have become unhappy with him. The last time he was here he left saying that there was a few items he needed to come back and finsh which I was fine with. About a month later I get a final invoice which I was about to pay just to get rid of him but I asked a yes/no question about the invoice and he went off in several emails to me going off that the work was completed 30 days ago. I had have no right to question his bill and that I have had 30 days to let him know of any things he needed to come back and fix and so on. Now I am pissed and have a feeling that he is not planning on coming back and finishing the job. Trying to get that last check and see me later.

So after several emails ( 3 weeks worth ) He is threatening me with putting a lean on my business and all that crap. Telling me I had my 30 days legally speaking and so on. To back things up here I did not sign any contract with him regarding the work. ( yes I know I should always )

So I looked up his website and found he has a .ca. So I naturally grabbed the .com. My thoughs are should I put up a wordpress theme post pics of his crap work and write a little blab about what crap work. Then just out rank him in everything for his site.

Legally speaking I am allowed to post like a testamonial and just post facts ( pictures ), as long as I can back them up and he can do nothing about it. I am not 100% sure about that in this situation. Anyone got any advice for that?

I am also going to go complain to the BBB, see how he likes that.
Click to expand...

I dont practice canadian law but I do know that in every situation where I've had a case that may have involved canadians, the person who got defamed wished the case was brought in Canadia...because the laws there are much more in favor of the Plaintiffs. So I'd probably avoid it.
 
Have you read all the posts on here by people that did tons of work for clients without a contract and then never got paid? Then everyone talks about how stupid they were to do any work without the terms in writing and retaining a copy of the signed agreement for themselves? Then, the person is told to talk to a lawyer instead of asking people on an internet forum?

But, since you're here... Seems like the contractor is in the shittier position and is trying to threaten you without any way to back it up. I doubt he's going to go through the process of putting a lien on your property and even if he does, how will he justify the lien without a contract?

Also, why would you let a contractor work on your business property if he doesn't have his shit together enough to have standard contracts for jobs he does?
 
How much is the bill? I would just pay it and get over with it. Who gives a fuck about his shitty business? Write some negative reviews on Google places, etc and get on with your life. Also, why come to Wickedfire for legal advice in Canada of all places?
 
As Aaron said, it isn't as easy to hide behind "freedom of speech" in Canada.

Either way, I think defaming him is a waste of your time. You gain nothing out of this. Accept your losses, take this as a business lesson and take measures to make sure this never happens again.
 
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