Difference between revisions of "Hiring Someone"
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If you hire someone to perform a service, there are some additional legal issues to consider. | |||
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 party you hire have legal rights and obligations: | |||
* | * The other party 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 party 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 written contract that is clear about what you have agreed. | |||
The contract should include this information: | |||
* name and address of both parties | |||
* detailed description of the work to be done | |||
* who is to complete the work | |||
* who is responsible for getting and paying for any necessary approvals and materials | |||
* 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 | |||
* what will happen if you and the other party cannot agree | |||
The wording dealing with what will happen if you and the other party 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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