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Discussion Starter · #1 ·
Hi everyone,

Im from Calgary Canada.

My question and concern is about a non-payment from a Home Builder here in Calgary. I did a job for a Home Builder to place and finish a patio for exposed aggregate. Everything went well until about 98% of the job as i was almost finished power washing the concrete to get my exposed aggregate finish. One of the Employees of the home builder was taking off the forms with a hammer and cracked all along the edge of the patios in numerous parts. The home builder told everyone to stop meaning me to stop power washing.

Now hes not paying me for the work i was hired to do for him because the out come of HIS employee by breaking the concrete in man places.

What do i do?? who do i speak to about this in my province?

ive got all his original texts stating my per sq footage fee, and him agree(his business cell number and mine). ive take pictures of the property, his buiness sign in the pictures and the cracked concrete.

all in all, i did the job i was asked to do for payment. he still has to pay me right?!
 

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I own stock in FotoMat!
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If I'm reading this right, the builders' employee was taking off YOUR form, right? If so, and his employee damaged your work, not only are you entitled to get paid, but you can back-charge the builder for the damages his employee caused.
 

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Discussion Starter · #3 ·
thanks for the reply.

i was only to place/pour and finish the concrete pad. it was his employees who built the forms, not me. and the concrete was ordered and paid for by the home builder himself. i was only responsible for the placing and finishing of the concrete. until his employee cracked the concrete i was 98% done the job which only to spray off the aggregate.
 

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I own stock in FotoMat!
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Even so, it was his employee that damaged your work. You should get paid, and either back-charge the builder to fix the damage, or he can hire someone else to fix it.
 

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Discussion Starter · #5 ·
i figured as much, which brings me to the next question...

who do i contact and/or can i do a lien? was told by someone about putting a lien on the property or something like that. do i sue? hes not being very responsive to me at all and still trying to not pay me. this happened only thursday this past week.
 

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The Duke
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I'm going out on a wicked limb here....not Jerry Campbell, right?

I think you should also glean from this to tighten up your contract. It either sounds like you don't have one and gave him a SF price (which most times is a poor way of coming to a number) or you have a weak one. A decent one will protect you better in most cases.
 

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Have Trowel, Do travel
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first of all his employer should not be touching your work.
you allowing him to help , makes you also accept the responsibility of the work he does. as if he's your employee.

legally i am not sure.

me and only me does my work
 

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Discussion Starter · #10 ·
not the correct Jerry.

and yes no actual contract but the texts stating payment per sq footage. and him agreeing from his business cell which is posted on his site and home builder signs all around the property i work at.
im working on an actual contract as we speak for future.
 

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Discussion Starter · #11 ·
bruno, i did not allow him to take forms off. he started on his own after home builder told him to do it. the forms were not my making. i was to place and and only finish the concrete. the forms were already in place at the site when i arrived. forms were put up by home builders employees
 

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Have Trowel, Do travel
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he formed, you poured.
ok, better for you.
if the damage can be proved by his worker. you should be paid.
but, in the real world, if this is a decent HB, and gives you a lot if work,
split the difference 50/50 to redo it again
 

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The Ultimate Wire Hider
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who do i contact and/or can i do a lien? was told by someone about putting a lien on the property or something like that. do i sue?
Not to knock your boinker back in but based on this question, is it fair to assume that you are not licensed? Most licensing authorities cover this topic on the test.
 

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Artist and not a curator
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Sounds like you're :censored:. No contract, no pay, no big deal.

You sir, have just went to school and education always cost money.
 

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I have gone through this before...Did a job for a GC, he was always available when I was getting the work done on his job. Time came to pay, suddenly he wasn't picking up his phone or returning voicemails, for a few weeks.

So I left a voicemail saying if I wasn't paid, or confirmed payment was coming before the 30 day mark, by the end of the week... i'd place a lien on the property, and would be informing the homeowners of the situation. It may be a bit different in this case because this was a reno with owners living in the house, and he certainly didn't want this kind of stuff going on.

Suddenly mr gc returned my phone call. Was paid the next day...oh and this was before I had a contract. Sometimes just making the threat, just wording it the right way, don't get all pissed off and emotional, just state the facts in a business like manner...

He certainly wasn't pleased, but Fu(* him...I sure did get paid fast though...good luck..
 

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The Duke
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Not to knock your boinker back in but based on this question, is it fair to assume that you are not licensed? Most licensing authorities cover this topic on the test.
There are many states that do not require licensing. Mine for one. I am technically an unlicensed "contractor", but that is because my state does not require licensing. You need one to be a hair dresser though, but not for structural design of a residence.
 
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