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Good morning. Your contractor
is in breach of contracts and you should raise the stakes on him. He's the expert and you have the right to rely upon his estimate; if there is a mistake, it's he who should bear the burden of that mistake. What you want to do is raise the stakes on him so that he realizes that not complying with your demands is going to cost him far more in the end than simply finishing the job at the estimated cost. You should send him a certified, return receipt requested letter detailing the history and demanding that he complete the job as estimated and refund any excess money paid in total within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages
. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice and fraud actions, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.
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