We paid 50% deposit to order kitchen cabinets from this company, and our contract also required 4o% upon installation. However, upon start of work, we found large proportion of products arrived defective from factory in the states, and many items were ordered incorrectly. A second shipment was ordered and arrived couple months later, but still was incomplete, furthermore the installers damaged our newly refinished floors, and they damaged the cabinets when installing the handles wrong. The 3rd shipment arrived weeks later, and they refused to do further installation until we pay the 40%, which we refused to pay given their poor quality work and products, and their refusal to pay for the floor damages. They stopped work just over 3 months ago. The company boss is now threatening to put a lean on our house if we don't pay them. From what we understand, they are beyond the period to file a lien in BC. But if they still do, how do we extinguish the lien? Do we need a lawyer representation?
Asked 4 months ago in British Columbia
Categories:
Civil Litigation
Contracts
Real Estate
Small Claims
 |
 British Columbia lawyer
|
The B.C. Builders Lien Act covers all of this. Yes, you can apply to court to cancel a lien if it is filed out of time. Determining what is out of time however does require some legal research, and you will probably need legal assistance to deal with this. Keep in mind that even if you have the lien cancelled, you will still have a claim against you in contract that the cabintet supplier can pursue even if there is no lien registered.
Posted 4 months ago
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