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Difference between revisions of "Hiring Someone"

From Clicklaw Wikibooks
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* Ask contractors for the names and phone numbers of people they have worked for in the past. Phone the numbers and ask about the contractors and the quality of their work.
* Ask contractors for the names and phone numbers of people they have worked for in the past. Phone the numbers and ask about the contractors and the quality of their work.
   
   
Canada Mortgage and Housing Corporation has a [http://www.cmhc-schl.gc.ca/en/co/renoho/refash/refash_019.cfm sample renovation contract].
==Tips about paying for repairs==
==Tips about paying for repairs==
When paying for repairs you should:
When paying for repairs you should:
* put down no more than 10-15 percent of the total cost as a deposit when you sign the contract. Do not pay in cash because that means you do not have a record of the payment;
* Put down no more than 10-15% of the total cost as a deposit when you sign the contract. Do not pay in cash because that can mean you do not have a record of the payment.
* by law, you are supposed to withhold 10 percent of the total cost upon completion of the work for 55 days. This is your protection against claims by people who supplied the materials. They could make a claim if they did not get their share of the payments you made to the contractor.
* By law, you are supposed to withhold 10% of the total cost upon completion of the work for 55 days. This is your protection against claims by people who supplied the materials. They could make a claim if they did not get their share of the payments you made to the contractor.
 


==Disagreements about the repair work==
==Disagreements about the repair work==
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# Talk with the contractor. It could be a misunderstanding. If there is a problem, try to find a solution you can both agree to. Give the contractor a chance to explain. For example, the contractor may be waiting for materials.
# Talk with the contractor. It could be a misunderstanding. If there is a problem, try to find a solution you can both agree to. Give the contractor a chance to explain. For example, the contractor may be waiting for materials.
# If you and the contractor cannot come to an agreement, you may wish to find a '''mediator''' who can help you both find a solution. To find a mediator, go to [http://www.mediator-roster.bc.ca www.mediator-roster.bc.ca]and look for "Civil Mediators". In Metro Vancouver call 604.684.1300. Outside Metro Vancouver call toll free 1.877.656.1300.
# If you and the contractor cannot come to an agreement, you may wish to find a '''mediator''' who can help you both find a solution. To find a mediator, go to [http://www.mediator-roster.bc.ca www.mediator-roster.bc.ca] and look for "Civil Mediators". In Metro Vancouver call 604-684-1300. Outside Metro Vancouver call toll free 1-877-656-1300.
#As a final step, you can cancel the contract and fire the contractor.
# As a final step, you can cancel the contract and fire the contractor.


===What if I change my mind?===
===What if I change my mind?===


When you changed your mind about what you wanted done, expect to pay more than the cost you agreed to in the contract. If you cannot come to an agreement about the bill, the matter may end up going to court.  In case you have not paid the whole bill and refuse to pay the balance, this may force the contractor to start an action. They may also be able to pressure you by filing a builder’s '''lien''' against the title of your property. If you have paid the whole bill then you may need to start an action to recover some of what you paid.
When you changed your mind about what you wanted done, expect to pay more than the cost you agreed to in the contract. If you cannot come to an agreement about the bill, the matter may end up going to court.  In case you have not paid the whole bill and refuse to pay the balance, this may force the contractor to start an action. They may also be able to pressure you by filing a builder’s '''lien''' against the title of your property. If you have paid the whole bill then you may need to start an action to recover some of what you paid.


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The person who is doing the repairs:
The person who is doing the repairs:
* cannot charge you more than the estimate in the contract, unless you agree, or
* Cannot charge you more than the estimate in the contract, unless you agree.
* cannot charge you for work that is not described in the contract, unless you agree.
* Cannot charge you for work that is not described in the contract, unless you agree.


Sometimes people find that a repair person is trying to charge for work that was not necessary or that was never done. If you think this happened, contact Consumer Protection BC toll free at 1.888.564.9963 or online at [http://www.consumerprotectionbc.ca www.consumerprotectionbc.ca]
Sometimes people find that a repair person is trying to charge for work that was not necessary or that was never done. If you think this happened, contact [[Consumer Protection BC]] toll free at 1-888-564-9963 or online at [http://www.consumerprotectionbc.ca www.consumerprotectionbc.ca].


===What can I do if the work is faulty and or unsafe?===
===What can I do if the work is faulty and or unsafe?===
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===When may I have to go to court?===
===When may I have to go to court?===


If you cannot solve your problems with the contractor, you may have to go to court. If your claim is for $25,000 or less, or you are willing to reduce your claim to $25,000, you can make a claim in Small Claims Court. To find out how to make a claim in Small Claims Court, go to Clicklaw website at www.clicklawbc.ca and type "Small Claims" in the search box. The site links you to a video about Small Claims court available in Chinese, Punjabi, Vietnamese and English.
If you cannot solve your problems with the contractor, you may have to go to court. If your claim is for $25,000 or less, or you are willing to reduce your claim to $25,000, you can make a claim in Small Claims Court. To find out how to make a claim in Small Claims Court, go to the Clicklaw website at [www.clicklaw.bc.ca www.clicklaw.bc.ca] and type "Small Claims" in the search box. The site links you to a [http://www.clicklaw.bc.ca/resource/1514 video about Small Claims Court] available in Chinese, Punjabi, Vietnamese and English.
 
==Additional resources==
 
The Canadian Home Builders’ Association provides [http://www.hiringacontractor.com/en/gein/gein_001.html tips on developing a contract with your contractor].
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