Legal Question in Consumer Law in Maryland

Breach of Contract - Job incomplete

My mom hired a contractor to reconstruct a driveway on a piece of undeveloped land.He requested pmt in full, $2000, for his svcs. He worked approx. 3 hrs the day she paid him and then claimed he had to come back another day to complete the job. He never did. After several unsuccessful attempts to contact him, by chance, mom ran into him at a local gas station and he claimed he was working on another job but would return to complete the work. After weeks of nothing, I called him. Now, he claimed that a neighbor had harrassed him and he would be happy to finish the job if he got permission from the neighbor. I explained permission from him to do work on my property was not necessary and asked that he return. He ignored the request so we filed a complaint with the state LLR. The administration claimed it was not w/in their jurisdiction since the work was not to an existing dwelling. So who regulates licensed bobcat services? He now claims the job was completed.Our last resort was to take the case to small claims court, and I hoped to speak on her behalf,but, since my mother was listed as the sole plantiff, only she was able to speak. She speaks broken english and could't adequately defend her case and lost.Any suggestions?


Asked on 1/12/06, 7:10 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breach of Contract - Job incomplete

On the judgment, your mother has ten days after judgment to file a motion for a new trial. Other appeal rights apply should the case warrant such action and filing would need to be made within 30 days from the date of judgment.

Your question indicates a potential that the contractor was acting without a license. This may avail your mother of further action.

The contract does not meet the requirements of home improvement since it is undeveloped land.

The contractor has indicated a willingness to perform under the contract where the neighbor's contentions as to the property line are set to rest. This is a real property matter for which the contractor may appropriately be reluctant to perform any further unless clarified.

Your mother may benefit from contacting an attorney should she want to move forward with development of the land. Contact me should your require further assistance.

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Answered on 1/12/06, 9:53 pm


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