Difference between revisions of "Hiring Someone"
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{{Consumer Law | {{Law-Related ESL Badge | ||
|lessonname= Consumer Law Lesson Module}}{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= March 2017}}{{Consumer Law Essentials TOC}} | |||
If you hire someone to perform a service, there are some additional legal issues to consider beyond those when you [[Making a Purchase|make a purchase]]. | |||
== Your legal rights == | |||
Suppose you hire someone to do improvements on your home. You have entered into a '''contract''', a legally recognized agreement. | |||
Similar to when you make a purchase, both you and the <span class="noglossary">party</span> you hire have legal rights and obligations: | |||
* | * The other <span class="noglossary">party</span> is not allowed to mislead you to convince you to hire them. For example, a plumber isn’t allowed to say that your shower needs replacing when it only needs a new washer. | ||
* | * The other <span class="noglossary">party</span> is not allowed to act unfairly towards you or knowingly take advantage of you. For example, a contractor who knows that you just bought your first home and are financially stretched can’t press you to do a luxury kitchen renovation that they know you can’t afford. | ||
* | * With some service contracts, you can change your mind during a "'''cooling-off period'''". For example, if you hired a house painter after they came to your door to seek your business, you have 10 days after you receive a copy of the contract to cancel it. | ||
In addition, the law says that when you contract with someone to perform a service, the person you hire must: | |||
* | * use reasonable care | ||
* | * do the work in a "proper and workmanlike manner" | ||
* use materials of reasonable quality | |||
You have a right to expect that the work will be: | |||
* finished by the date you have agreed, or within a reasonable time if you haven't agreed on a date | |||
* provided at the cost you have agreed, or at a reasonable cost if you haven't agreed on the cost | |||
== | ==Getting a written contract== | ||
When you hire someone to perform a service, it is best to have a [[Making a Contract|written contract]] that is clear about what you have agreed. | |||
[[File:Consumer_Law_-_Contents2.png|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]] | |||
The contract should include this information: | |||
* name and address of | * name and address of both parties | ||
* detailed description of the work to be done | |||
* | * who is to complete the work | ||
* who is | * who is responsible for getting and paying for any necessary approvals and materials | ||
* who is | * when work will start and when it will end | ||
* detailed breakdown of the cost (including labour, any materials used, and taxes and fees) | |||
* how and when payment will be made | |||
* when work will start and when it will end, | * what will happen if you and the other <span class="noglossary">party</span> cannot agree | ||
* when | |||
* what will happen if you and the | |||
The wording dealing with what will happen if you and the | The wording dealing with what will happen if you and the other <span class="noglossary">party</span> cannot agree does not need to be complicated. You could say something like: | ||
::''"If we have a disagreement under this contract, we will first try to resolve it with the help of a '''mediator'''. We will each pay half of the mediator’s fees."'' | |||
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