Hiring Someone

Suppose you hired someone to do renovations on your home. You agreed to hire the person, and he or she agreed to do the work. That is a contract. A contract is a legal agreement. It can be verbal or it can be in writing.

This section looks at what you can do if the home repairs are not satisfactory.

The law says that in any contract, the person you hire:

• must use reasonable care,
• must do the work in a "proper and workmanlike manner", and
• must 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, and
• provided at the cost you have agreed, or at a reasonable cost if you haven't agreed on the cost.

When you hire someone to do work for you, it is best to have a written contract that is clear about what you have agreed.

What should I put in a written contract?

Get a written contract from the person or company you hire. The contract should include the following information:

• name and address of the contractor,
• your name and address,
• type and amount of work to be done,
• who is going to do the work,
• who is going to get building permits and approvals,
• who is going to order and pay for materials,
• total cost (cost of labour plus cost of materials used on the job),
• when work will start and when it will end,
• when payments will be made, and
• what will happen if you and the contractor cannot agree.

The wording dealing with what will happen if you and the contractor cannot agree does not need to be complicated. You could say something like:

If we have disagreements 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.

Tips about hiring a contractor

Here are some tips when hiring a contractor:

• Do not hire anyone to do the job that does not use a written contract.
• Do not hire a contractor who comes to your home and says:
  • they can give you a special price, or
  • your home looks like it needs immediate repairs.
• Get at least three estimates from contractors who live in your area.
• 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.

Tips about paying for repairs

When paying for repairs you should:

• 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% 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

If you do not like the repair work you should do the following:

1. 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.
2. 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 www.mediatebc.com and look for "Civil Mediators". In Metro Vancouver call 604-684-1300. Outside Metro Vancouver call toll free 1-877-656-1300.
3. As a final step, you can cancel the contract and fire the contractor.

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.

What if we disagree about the bill?

The person who is doing the repairs:

• 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.

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 www.consumerprotectionbc.ca.

What can I do if the work is faulty and or unsafe?

The BC Building Code is a law that sets standards for buildings. If you think that some of the work is not up to building standards, you can report it in writing, with a copy to your contractor. To find out more about building codes and where to send your report, go to the website for your local town or city. Search for "Licenses and Inspections." If the work does not meet building code requirements, the contractor will have to correct it at his or her expense.

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 the Clicklaw website at www.clicklaw.bc.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, among other resources.

Additional resources

The Canadian Home Builders’ Association provides tips on developing a contract with your contractor.

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, a document demonstrating ownership of a thing. See "ownership."

Something which can be owned. See "chattels" and "real property."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."