what i meant was why cant (whatcanyedo) use the ppl he did the work for as proof that he did the work that he isnt getting paid for doing. it will make the contractor look bad. someone had to see him doing the work.

Definitely true.

I would try the lien approach though... just google 'alberta lien's' for info on it. Just understand what it is and have an idea of how you can do it... so you know what to use to make the threat. Then you can avoid the court altogether.

The idea behind it is... there is a certain cost associated with owernership of the property... part of that ownership cost accounts for services used to build/maintain the property... if (in my case for example) part of the property's development required payment of people to landscape and plant/sod etc..., then that is part of the cost of the house. If that cost is unpaid by the contractor then it is not accounted for by the buyer... I dont know exactly how it works, but basically a lien is the money still owed by the buyer (in my base this was the company hawthorne homes who owned the properties the work was on). Its similar to cars with unpaid loans who have been sold through several buyers... the lien goes with the car and whoever is the owner at any time is technically responsible for payment of such lien.

Hope that helps,

Chris

*Just the threat of something like that will light a fire under their seat... if they understand anything about it (or in some cases if they dont understand it they just get scared of legal terms they are unfamiliar with).

I had to sue a contractor who stiffed me on a summer job during university. I didn't have a written contract either. Small claims process is pretty easy.

Contact the homeowners and any other workers at the site and tell them that you will be starting small claims proceedings and intend to call them as witnesses. They will be served with documents and be required to appear.

It is a hassle for them to go through this process so ask them to call the contractor to put some pressure on to pay you before you have to proceed.

If you do have to go to court prepare well and you should win.

To bad i have been delayed Russell, I'd come give you a hand in some "Legal" pressure. If your still have this issue unresloved by the time i make it up there, we'll talk. Pressence speaks loudly. :wink:

Thanks for all of the ideas. This gives me something better to start with. Ironically he was a landscaper too. He hired to to take down and re-build a fence, shovel some rock and put together a plastic garden shed. I'll see if I can track down the other two guys I worked with but that might be hard. The home owner and neighbor saw plenty of me so I should be able to get some kind of signed proof from them.

I'd opt for the lien approach first. I would report him to Labour relations no matter what method you choose and what the outcome. They need to be aware of this type of employer so they can have any chnace of protecting future employees. I'd bet it's not the first time nor will it be the last time he pulls this crap.

Depending on your nature, going with the lien option should work...or simply show up/track him down with the expectation you will be paid (or even) once done.

$400+/- may be quite a bit to you, however it is not much to a company or many older people. If the money is not available, consider holding on to work-related materials of comparable value until the cash becomes available. He does not expect to see you again if he is like this...good luck.

get in touch with the labor board they will meadate and can impose fines on the guy.

Bill

Go over and extract $405 worth of blood from him. ;) :twised: