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More builder liens hit corridor projects

Sub trades left unpaid for work in 'epidemic' proportions, says business owner

Local sub trades are expressing exasperation and desperation as more jobs go unpaid and more liens pile up with Sea to Sky Corridor projects.

"Sub trades not getting paid has become an epidemic in the Sea to Sky Corridor," said Lloyd Cutting, owner of Mud Slingers plastering company. "I know two people who have committed suicide over this."

A $1.1 million Whistler home is the latest project hit with a spate of builder liens, as hundreds of thousands in sub trade payments to six local companies remain outstanding.

The liens are supposed to be resolved in a week, said according to Electric's owner Jason Merriam, who is owed $54,000, but only because that everyone has agreed to take a 24 per cent pay cut.

"That means I break even on that job, I pretty much did the work for free," said Merriam.

"But I'd rather break even than lose $41,000. You win some, you lose some - that's the whole gamble of being a contractor and owning your own business."

Windstone Construction contractor Darren Fietz said he resents what he perceives as a label of "big bully bad guy."

He agrees being a contractor is a gamble and uses this project as a prime example. The job cost him more money than any other corridor project he's worked on since establishing his business in 2004.

He said payment delays are a result of various factors. One recurring issue is that sub trades will often bill far over the original bid due to "extras and/or miscalculations," and the homeowner is expected to pay for these.

"It's a trickle down effect that affects everybody, and the homeowner starts the trickle by not paying what they owe on a job," he said.

"Homeowners are hard to deal with in the corridor, it isn't a rare occurrence that homeowners will try and knock off some percentage."

Calls to the Whistler homeowner, Gerrit Neinhuis, were not returned.

All-Terrain Excavating Ltd. owner Shane Price also has a lien against the Windstone project, and said it's not worth bothering taking contractors or homeowners to court because it takes so much time and money.

"I end up losing more money than I would be making. A lot of these smaller ones you just kind of have to take your loss on it and carry on," said Price.

Merriam agreed.

"There's not enough money in the profits you make to take someone to court to collect the money," he said.

Cutting has a lien against the Windstone project as well as five court cases on the go.

He's working with a John Logan of Jenkins Marzband Logan, a high profile lawyer who specializes in construction fraud.

"But you know how long you have to wait to get any of this sorted out?" said Cutting. "I'll be on the street before that happens."

With all his credit lines maxed out, five pending lawsuits against general contractors and the threat of eviction on his doorstep, Cutting said he's nearing the end of his rope.

And since sub trade protocol involves paying for the materials up front, completing a percentage of the job, and billing the contractor or developer afterwards, Cutting is being turned away from jobs because he lacks the funding to buy the start-up materials since so many past jobs are still unpaid.

And his attempt to bid on jobs on a progress payment basis - making it clear he wouldn't finance any part of the work - has been unsuccessful.

Parkwood Construction Ltd. president Doug Dufault's recently emailed response to Cutting's bid shows that method of doing business won't endear him to contractors.

"We're going with another trade for this work due to your payment structure," wrote Dufault, adding "Hopefully we can work together on a future project."

Price said contractors will often go with another company if asked for money up front because "it's not the trend in this line of work."

His company is two years old and he said it's been a continuous struggle getting payment. He said he usually ends up taking a pay cut of as much as $5,000.

Merriam said getting the type of clause Cutting wants is difficult because the bank finances so many projects, and they need to see 10 per cent of the work done before they hand over 10 per cent of the loan.

Merriam's company is four years old and he is owed $198,000 overall from several jobs in the corridor.

"I'm constantly trying to collect and I barely get enough in to stay afloat and cover my payroll and everything because of people not paying their bills on time and having to negotiate with people on getting paid," he said. "It's ridiculous."

He said if everyone paid him the amounts they owe him, and he paid off the money he owes the government and his suppliers, he would actually have money left in the bank. But, he adds, it doesn't work that way.

"It's a revolving door - money in, money out - it's robbing Peter to pay Paul."

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