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Old 09-25-2014, 06:18 PM   #1
PureInvasion
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Fencing contractor fails to complete work. (advice?)

(sorry for the long read )

hey all,
just seeking some advice on how best to deal with a contractor who has been installing fences in our subdivision.

We moved into a new housing subdivision and have recently had a company come in and put up fencing in the area (as per their contract).

At the end of July, our fence was roughly 90% complete (just a few pieces missing that were decorative along the tops and bottoms of the fence panels).

My biggest mistake was paying the owner at the end of July in good faith that he would actually come by the next week and complete the fence. He stated he was short on materials and shipment was arriving the first week of August. Everything was fine up to this point so I had no reason not to believe him considering he was still in the area working on our neighbours houses.

Its now 2 months later and we're still waiting on this project to be completed. Clearly at this stage, he is taking advantage of the situation and I have no doubt he doesn't intend to ever return.

In a 2 month span, he has promised me completion dates on 5 separate occasions (via written notes on the contract, texts, in person and phone calls). He also keeps stating that the wood is continuously on backorder despite also telling me on 3 occasions that they've received the shipment and he was "on top of it" and "not to worry".

I know that he's just playing games but I'm trying to get him to fulfil his contractual obligations before he disappears from the subdivision for good. I wish I read online reviews of his company prior to this as they all state the same thing (take the money and run).

Do I have any options aside from small claims court? Any advice or ideas anyone can throw out would be helpful

-Kyle
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Old 09-25-2014, 09:43 PM   #2
Sithlord32
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You can try and take him to small claims and would probably win seeing how his reputation is foul. Its a little bit of work and can take some time but worth it even for just a piece of mind.

I would look into reporting him. The
Department of Commerce and Insurance can yank his lisence to do that work I would do that ahead of anything then after you start with that get right on the small claims. Keep reporting him to whomever you can. Stay on top it and something will come of it.
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Old 09-25-2014, 09:50 PM   #3
Tetragrammaton
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Do not let him off the hook.

I would contact him once a day until he completes the project. If he has a physical office or store I would drop by once a week and speak with anyone there.
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Old 09-25-2014, 10:51 PM   #4
PureInvasion
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Quote:
Originally Posted by Sithlord32 View Post
I would look into reporting him. The
Department of Commerce and Insurance can yank his lisence to do that work I would do that ahead of anything then after you start with that get right on the small claims. Keep reporting him to whomever you can. Stay on top it and something will come of it.
I managed to find the Ministry of Consumer Services (for Ontario) so that is a starting point for me at least. A registered letter will be getting sent off to the business address (or delivered in person if I have time) tomorrow.
The ministry allows a 3 week "resolution" period to allow the contractor to resolve the complaint before they step in.
Also looking into filing a complaint with the BBB.

Mid as well just get a few different reports into every option I can find.
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Old 09-25-2014, 10:53 PM   #5
johnclone
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You just may find a local TV station might be interested in doing a report.
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Old 09-26-2014, 11:12 PM   #6
Underdog07
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You just may find a local TV station might be interested in doing a report.
That's an excellent idea. nY had something like the "shame reporter" -- "shame shame shame on you"
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Old 10-01-2014, 10:07 AM   #7
PureInvasion
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Well the BBB and the Ministry complaints did the trick. After a long 2 months, the guy finally completed the work as stipulated in the contract.

however...he was certainly not happy about it and has now slung a few personal threats my way via email and text so now he's just opened up another can of worms.

People are nuts...don't finish your contractual obligations...customer files a complaint...threaten the customer?!
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Old 10-01-2014, 11:21 AM   #8
The General
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Quote:
Originally Posted by PureInvasion View Post
Well the BBB and the Ministry complaints did the trick. After a long 2 months, the guy finally completed the work as stipulated in the contract.

however...he was certainly not happy about it and has now slung a few personal threats my way via email and text so now he's just opened up another can of worms.

People are nuts...don't finish your contractual obligations...customer files a complaint...threaten the customer?!
Sounds like this momo needs a beating.
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Old 10-21-2014, 10:41 AM   #9
Y3E
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Good to hear your fence was done PI. Tell the mobo what he would have done in your place? Then kick him in the nuts. Tell him sorry you have a condition where your leg twitches on its own and kick him again.
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Old 10-21-2014, 12:08 PM   #10
ickwinzs
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As a contractor myself let it be know that you never ever pay up front for any work. pay progress payments only and 100% when all work is completed. This is very important!!!!
I never take money for a job up front, if your contractor cannot float the job until its completed, that should be your 1st warning sign.
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