I gave a contractor a deposit and then cancelled the job before it had begun so does he have the right to keep my deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I gave a contractor a deposit and then cancelled the job before it had begun so does he have the right to keep my deposit?
I hired someone to build a retaining wall. I accepted his estimate and he asked for
half of the money before he began the job. I gave him 3,700 as a deposit. Then I
showed his proposal for the wall to another contractor who said it didn’t meet
code and it would fail and it was overpriced. I cancelled the job a week before it
was scheduled to start. No materials had been ordered. The contractor had spent
only 20 minutes at my home and send a simple estimate. He said that he would
return my deposit but it is 4 months later and I haven’t heard from him. I left him
some messages on his cell phone but he will not return my calls. What should I do
to get my deposit back?
Asked on December 7, 2016 under Business Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF the second contractor was right and the proposal did not meet code, then you can likely treat the contract as void for ilegality (you can't contract to do something illegal); or if the first contrator intentionally misled or deceived you as to what would be an adequate wall (lied about what was required), you may be able to treat the agreement as void for fraud. If the agreement is void, he has to return the money (but if doesn't, you'll need to sue him for the return--there is no other mechanism to get it back). Note that to sue someone, you *must* have his address, because you can't "serve" him with the court papers otherwise.
However, if the wall would have worked (even if it wasn't as good as it could have been) and was to code, then you have no right to get the money back unless and only if he refuses to go ahead and do the work (if he doens't actually do the job after you ask him to go ahead and give him some reasonable time or chance, then he is violating or breaching the contract, which would also let you get the money back). The fact that he charged more than another contractor would is not a legal basis to get out of the contract: people overpay all the time, and there is no legal right to the lowest or best pricing. So if there is no illegality and no fraud, you'll need to ask him to do the work and give him a reasonable chance to do so, and can only sue for the money if he doesn't.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.