Legal Question in Credit and Debt Law in Pennsylvania
I hired a fence contractor to install a fence around a newly build in ground pool. I signed a contract with the fencing company back in January 2011. I paid with a check for the down payment in the amount of 8,000 for materials, with 1,900 being due for labor upon completion of the project. Mean while my township zoning board informed me I needed to decrease the size of the fencing in the proposal. I contact the fencing contract and notified him of the need to change the size of the project. He came out and remeasured the square footage for materials and he estimated the new materials. He told us we would be getting 1,900 back and no money due for labor upon completion of the project. The check was cash by the contractor three days later. The pool project took a long period of time due to weather delays and other contractor delays. All the while I kept in contact with the contractor letting him know of the time frame on his end of the project being delayed.
When we were ready for his services he said he called his supplier and the product was sold because it sat at the warehouse for such a long period of time. He said he needed to reorder the material and he would call me back when it was delivered. I did not hear back from him so I called and left a message to call me on my cell number. He called back on my home phone number and left a message saying the product was not in and that he would be taking a hard hit on the labor because the company change the installation labor requirements.
I called again questioning the message and asked him to call me back to give me a detailed reason for the delay and sad story about increased labor on his end. Long story short, I have tried to contact him 10 + times in the last two weeks with no response. I have asked in my messages to have him call me and we can find a solution to any possible problems. I have notified him that if he does not call me I will be forced to contact a lawyer and law enforcement for restitution. In one of my phone calls I explained that I needed the overage we paid immediately even if he was indeed waiting for the product to arrive.
My wife has since found others with the same problem and is the process of trying to contact them to see if their situation is similar to our own. Legally I need to have a fence in place to be in code with my township code regulations. I have been warned once already and fines will follow if I do not have an installed pool fence very soon.
I need to know what step if any can be taken for us to get our down payment back or get the ball rolling legally in this matter.
1 Answer from Attorneys
This is not a collection or credit question. It is a consumer law question and you should direct the question to a consumer law attorney.
Why did you pay so much down? You never should pay more than 10% or 20% down because of this problem. Did you check this guy out beforehand?
Did you have a written contract with the contractor? if so, what does it say about breach of the agreement? Some contracts require that disputes go to arbitration or that particular law will govern or that notices must be sent to a particular place. Read the contract to see if there are any requirements like this.
Assuming that no requirements exist, I would write a letter to the contractor. I would tell the contractor that you have tried to call to no avail and you are demanding a response within 10-14 days. I would ask him to tell you in his response whether he intends to perform the contract and if so, when. I would demand that the contract be completed within a short period of time - maybe 2-4 weeks if that is reasonable. If it can't be completed in this time, I would aks him to tell you why. I would tell him that if you do not get a response by your deadline or if he does not intend to perform, then you will treat the contract as terminated and you will hold him liable for all your expenses unless he gives you a full and complete refund.
If you hear nothing by the deadline, you will have to find another contractor. Please check this one out though. Pay for the fence after it is complete. Find out what it cost to have another contractor put in the fence and any fines imposed by the municipality for the breach by the first contractor.
Chances are that if this guy is not legitimate, you are not going to get your money back unless you sue. Even then, your chances of recovery are slim unless he has assets that you can attach, like money in the bank. There is no wage garnishment in PA. And you cannot recover attorneys fees unless there is a written contract providing for the same (unless he violated some other statute which allows this).
If he is in PA, you can sue in small claims court. I don't know if its a business or a sole proprietorship. Your best bet in such case might be to let a lawyer draft the letter, but if you are trying to save legal fees you can do it yourself.
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.
