Legal Question in Civil Litigation in Massachusetts

Breach of Contract

My son is a contractor who has a signed contract with an individual/corporation for labor only to reroof condos. Contract $6,000 start, $6,000 after 2 units, $5,500 upon completion. Contract for labor only, customer supplies all material. Deposit received by my son. Customer backed out and filed civil case for return of deposit and court/lawyer fees. When backed out customer said one of reasons being sued by condo owners. Son gave up work and paid for rental of equipment prior to customer backing out. Son still willing and able to perform contract. Talented at work but has learning disabilities so husband and I helping. Need lawyer quickly but don't have $4,000 for retainer. Customer lawyer wants to know what son spent money on or where money is. Contract clearly labor only. Questions:

Do you have to disclose what you did with money if job is for labor only?

Are there any lawyers that will handle with a lower retainer or with a payment plan?

Don't know where to go for help.


Asked on 10/30/04, 10:56 am

1 Answer from Attorneys
Len Foy NH Residential Title & Escrow

Re: Breach of Contract

Hi -

This case seems straightforward enough, although $4,000 is in the ballpark of what it will cost to defend the case, it's possible that you could find an attorney to work for less.

We have offices in Southern NH and Methuen, Mass., my question is: where are the condominium units located - are we talking about either the Essex or Middlesex County court system? If this case were venued in either of those two counties I may consider taking the case on a smaller retainer.

Regards & Good Luck -

Len Foy

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Answered on 11/01/04, 8:25 am


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