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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33762
Experience:  15 years practicing attorney
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On march 1st we signed a proposal to be done on our house

Customer Question

on march 1st we signed a proposal for work to be done on our house and paid 5000.00. The proposal indicated that the contractor would have a final estimate to us within 3 weeks. It is now June 19th and nothing has been done. Every time we contact him he tells us he is working on it.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin
JA: Have you talked to a lawyer yet?
Customer: no.
JA: Anything else you think the lawyer should know?
Customer: I don't thinks so.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What did the proposal state that you signed?

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Does it have a completion date?

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When work would start?

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What materials would be used?

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Estimated price?

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What is it that you would like to have happen here?

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thanks

Barrister

Customer: replied 5 months ago.
Wisconsin
no start date or completion date identified. the proposal does states that we should have contract within 3 weeks of signing the proposal ( states the proposal is binding) we signed the proposal on March 1st 2016.
remodel 3 bathrooms - new cabinets / floors / dry wall work
between 17,000.00 and 22,000.00
We don't want this guy to do the work and we would like to get all or some of our money back - I don't think that will happen.
Expert:  Barrister replied 5 months ago.

Ok, at this point, since you are 3 months over the stated deadline for just getting a final estimate, then I would opine that 1. a judge would say you never even had a contract since so many things were left out or 2. there was a very vague contract that he has breached by failing to respond in a timely manner on.

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So your recourse here is to send the guy a written certified letter stating that due to his delays in responding and moving forward on the job, you are holding him in breach and demanding your deposit money back. If it were me, and you think he is a little shady, which may be the case, then I would pay a local attorney to send the demand letter and state that if the money isn't returned within 10 days, you will be forced to take further legal action.

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Then if he doesn't refund the money, which may be because he has already spent it elsewhere, you would have to file a formal lawsuit against him in small claims court for breach of contract. The good thing is that the limit is $10K in WI and you don't need an attorney. The clerk will have the summons and complaint forms you need to file to start the case if he doesn't refund the money.

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thanks

Barrister

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