A contractor cannot invoice an amount higher that what was initially agreed upon. This can happen, for example, if they invoice work that was not planned or authorized by you. If they do so, here is what you can do.

Recourse

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.

Top of page

Last update : November 24, 2017

Were you unable to find an answer to your question? Please call us.

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.