Legal Question in Construction Law in Missouri

I paid a man $6,000.00 to build a deck. He spent the money and has not done any work. What can I do to get my money back?


Asked on 9/23/11, 12:39 pm

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

Was there a contract or proposal written up to the work to be done? Was there a certain date that the man was to finish? If you have proof of a proposal, contract, and payment you may be able to recover the damages in a lawsuit. This amount is too large for small claims court so you would probably be better off hiring an attorney to sue in Associate Circuit court.

Unfortunately, your attorney's fees will probably be more than $6,000.00 but you could recover fees from the other party. In the long run, it may not be worth suing over it, but depending on the facts, you could have a pretty good chance of recovery.

The real issue comes on winning a judgment. You may win, but may not be able to collect the judgment if the man doesn't have many assets, or garnishable wages.

If you would like to discuss suing, I would be willing to discuss taking this case.

Jonathan

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Answered on 9/24/11, 1:44 pm


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