A contractor is required to provide services in accordance with the agreement you entered into with that contractor. This means that they cannot invoice a higher amount than initially agreed upon.
For example, the contractor hired to change the shingles on your roof may notice, while doing the work, that the materials under the existing shingles are rotten. If the contractor decides to replace those materials without your authorization, you could dispute the charges invoiced for this work.
What if a contractor invoices unexpected charges? Here is what you can do.
First, try to reach an agreement with the contractor. The Negotiating with a merchant page provides details on the procedure.
If the negotiation fails, you can pay the total amount under protest. An invoice paid under protest means that you will contest the amount paid. You must add the note “under protest” on the cheque you give to the contractor, or on the invoice. Then, send a formal notice to the contractor to claim the overpayment. The Sending a formal notice page provides details on this subject.
If the contractor fails to respond to the request indicated in your formal notice, you can initiate court proceedings. The small claims court page provides details on the procedure.
You can also contact the Office de la protection du consommateur to enquire as to whether you should file a complaint.
Last update : May 3, 2021
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.
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