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Can my service fee for the first phase of an addition project be the deposit?

GeorgiaConstruction ContractRecovery Options

The first phase was to get the permit for a room Addition. The service deposit was given. Project total: $130k. The contract spells out the scope of work. My Administrative fee and fees associated with secure a permit was the first phase $28k. The main timeline for the project would start after this phase was completed. I explain the permitting process can take longer than usual. This phase did not entail detailed design it was the more technical aspect of the project. Explained, the general permit would leave room for details in the next phase: design and construction phases. The owner, at the conclusion of this phase, submittal of Permit Application, decided to put a hold on the project because they felt the design phase was to be done before submitting for the permit. General design layout was given and explained that the permit would be general enough to allow for the details in the next phase. The client waited until all the administrative work was done and the permit application was submitted, in which, I coordinated my Subs, designer & structural engineer to give their input and letters for the permit application a 45-60 day process, all covered under this phase $28k. Next phase, the client wanted to stop work & request a refund of my fee. Am I obligated to give a refund?

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