Legal Question in Construction Law in New Jersey
refund from contractor
I signed a contract to have my bathrooms done on Dec.5, 2006 and gave a $8000 deposit. The contractor came to my house 2 times after first visit and I began to be unhappy with him and what he had to offer. So I wanted out of contract and my deposit back. Contract stated I had 3 days after it was signed to cancel but it never stated what would happen after the 3 days. The contractor has not purchased anything for job, was told 1 month before start date that we wanted to cancel. He feels he is entilitled to almost $6000 of my deposit when all he did was come to my house 3 times (first time was free estimate) for about 2 hours each other visit. He is claiming he spent other time on the phone and looking for someone to do the Shower walls for me ( I wanted Terra Stone and the didn't know how to do it) I spent time as well looking at all bathroom vantities, mirrors, etc.. that I wanted because I didn't like what they had to offer. I want to know if he is entitled to money, how much or if I should be able to get my full deposit back?
2 Answers from Attorneys
Re: refund from contractor
You can also call the police and see what they will do about it. Sometimes they will help you, other times they will not.
Re: refund from contractor
Expensive phone calls. If the contractor will not make a better compromise, you may be able to sue to get some of your money back. The gist of the suit would probably be a breach because of the contractor's non-performance. If you characterize it as your wanting to cancel, he will probably be able to get all of the profit that he would have made. So, there will be an evidentiary question about what he should have done. The amount is too large for Small Claims and will have to be filed in Special Civil Part. If you want to pursue it and need help, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
