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12-03-2012, 12:55 PM
The Gal Pals
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Join Date: Oct 2006
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Originally Posted by VL55 View Post
It's not just noise. I heard of no legal proceedings, so it means Max and the contractor are still negotiating. But if the negotiations are deadlocked, sonner or later this goes to court.

Max is still young, so overspending to the point where he can't make payment after missing 4 paycheck is not outlandish. Even if he saved money, it's likely tied down. But it's at least as likely he ain't happy with the work done and is playing hardball with the contractor. More like 70/30 in favor of the dispute, I'd say.
Is there any proof this has anything to do with Patches not be able to pay? The more likely scenario is that Patches and his wife are withholding payment or making a deduction from the amount owed because of apparent defects or poor workmanship (art. 2111 Civil Code of Quebec).

And there are no legal proceedings because it is likely that the construction company has not even published the legal hypothec yet. Usually they only have 30 days to take out a legal hypothec after the completion of the works to safeguard their rights on the property for the work done (articles 2724(2), 2726 and 2727 Civil Code of Quebec). It's not uncommon for this to happen since the company has such a small window of opportunity to safeguard their rights in the property. Thereafter, they have 6 months to publish the hypothec in order to give it effect. Once it is published, Patches will have to go to court to have it removed or pay the amount owing. If the construction company was in the wrong they'll have to pay damages and cover Patches legal fees.

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