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Do I have the right to fire my contractor and collect my down payment back?

So I had a question I am General on my own job putting an addition on my house I subbed out all the work to contractors we had an issue get going with concrete took longer than expected now it’s completed for over a month my builder keeps pushing me off week after week for the last week and a half he is not telling me anything and not responding to my calls or texts I need to get the project done before winter comes but don’t know if I can fire him legally because he is not responding to me and get my down payment back? Basically I looked at the contract there is nothing for a completion date or start date I just feel like he’s blowing us off and not responding to me or my wife and cannot wait till winter to get this thing done I have other contractor That want to do it and can start in a week but I don’t want to hire them if I’m not gonna get my money back from the first one that’s why I kind of wanted to know is he in breach of contract due to no-show and no replying the last time I talk to him he said he was almost done with a job and that was almost 2 weeks ago please let me know if I can do this and get a new contractor in or am I got a fight with him to get him out here thanks

4 replies

Sep 18, 2019

Contract terminations should generally be executed under the terms of the contract, itself. So, if the contract for work creates guidelines for when a contractor can be terminated and how that termination should be done, it's wise to follow the contract. With that being said: failing to show up to the project, running drastically afoul of the work schedule, and failing to communicate with the customer would presumably put a contractor in breach of their contract. And, it's possible that an owner might be able to terminate their contract due to the failure to perform. Still, even where certain notice isn't required by contract, it's wise to provide written notice to a contractor that their contract will soon be terminated if they don't perform under their contract along with steps the contractor can take to avoid the termination. That will provide a solid instance to point back to in the event there's a dispute. Regarding the downpayment issue, it might be tough to get a contractor to return a downpayment if there isn't a contractual provision requiring them to do so. Plus, if the contractor has used any of the downpayment to pay for materials or equipment for the job, those amounts may be hard to recover, too. But, at the same time - where a contractor has accepted a down payment but not actually performed any of their duties under the contract, conceivably, an owner might be able to convince them to return the downpayment to avoid a legal dispute. Here are some additional resources that might be helpful here: (1) Wrongful Termination | When is Termination Considered Wrongful? (2) Termination for Cause | When Can Construction Contracts Be Terminated for Cause? (3) Breach of Contract Explained in Full

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Aug 28, 2020

I called a construction company to come out and give an estimate for a project. We told him what we wanted and he came back to the the house and brought an invoice. I gave him a 50 % down payment and he began ordering supplies that wouldn’t be available for a least a week. He came out again and wanted to start some work that was looking to be not safe for my house he kept saying I didnt need a permit which seemed odd and he didnt seem knowledgeable about codes so i did not have him start doing any work and his attitude changed drastically. He said he wold just return my money and i have Tex messages to him saying that as well. My question is he keeps referring to a contract but i have a invoice and a receipt for my money he has stated that he can cancel the supplies in Tex message as well. There is nothing of a contract or any cancellation policy on my invoice. He is stalling on giving back the money but I have verified with Lowe’s that they would return his money next business day. He is telling me the process alone takes 30 to45 days. What steps might I take.

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Aug 30, 2021

pretty much none if he sent or you signed a contract that didn't state he must return the up-front payment upon termination

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Jul 21, 2022

If he sent or you signed a contract that does not indicate he must return the upfront payment upon cancellation, he has almost no recourse. Thank you so much.

Elden Ring

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