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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I signed a contract home painting Feb. 27, 2015. A

Customer Question

I signed a contract for exterior home painting Feb. 27, 2015.
A $1,711.26 deposit was made to ensure my position in the work schedule rotation.
Work was to commence Apr. 13 with anticipated completion by Apr. 27,2015.
To date and after numerous unsuccessful communication attempts, only power washing has been done.
The last email communication received was Jun. 23,2015 advising work was to commence "next week" which would have been Mon. Jun. 29th. To date, I have heard nothing further and work has not yet commenced.
The company is registered with Better Business Bureau.
I contacted Better Business Bureau Jun. 22,2015 and was advised they would send the painting company a letter requiring a response by Jul. 7th. If no response was received they would forward a 2nd. letter requiring a reply by July. 22, 2015.
Can I send the painting company a registered letter terminating our contract now?
Must I wait until July 22nd?
I am willing to forfeit my initial deposit in order to move on to a more reliable, responsible company.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
You can send the letter now and there is no reason to forfeit the deposit. They have breached their contract with you. You can tell them you are considering the contract to be at an end, that you want the deposit back less the cost of the power washing and if you don't get that by a deadline you provide you will commence legal proceedings and the will be seeking interest and your costs. You can sue them in Small Claims Court and self-represent. You are not breaching the contract. They are. So there is no reason to let them keep the deposit.

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