Legal Question in Construction Law in New York
Roofer won't return deposit
Hired a roofer on 5/26/07. Gave deposit on 6/4/07, $2500. No written contract, only detailed estimate sheet. Only stipulation that I gave was that the work be done by the time our vacations started in 8/07. Job still not started on 8/1/07. Strung me on with three different start dates, 6/4, 6/5, 7/5. No show each time. I had to call him to find out situation. Told him on 7/25 that I was going to get a new roofer and please return my deposit. Refuses to return deposit, telling me he still wants to do the work. Do not feel comfortable with this roofer after the long delay and non-performance.
Am I ''rolling the dice'' by going to small claims court to get my deposit back? What other recourse do I have?
1 Answer from Attorneys
Re: Roofer won't return deposit
It's always a roll of the dice, but it's certain you end up ion the losing side if you let this clown install your next roof.
Send him a letter. Detail in the letter that the deal was he would be finished by 8/1/07, and he has not started. Conclude by saying that it is he who terminated the contract by abandoning the work, but "for the sake of the record and to the extent necessary, I have elected and hereby do elect to terminate the contract."
Now, does this clown have a home improvement license? If so, file a complaint with County Consumer Affairs for taking the money and doing no work. If he does not have a license, call the district attorney's office and make an appointment to come in and file the criminal complaint.
DO NOT THREATEN the contractor with either of these things: just do them. If someone is usually at home, make sure they know to call the police when he shows up and tries to take the existing roof off your house.
You're in a mess. The contractor will try to make it worse. Don't let him.
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