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Since they've not finished the job and won't respond, you want to raise the stakes on them. .First, get an estimate from another contractor of the cost to properly finish the job. Then, send Home Depot a certified, return receipt requested letter detailing the history, terminating the contract due to their default, and demand that they pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid Home Depot had they completed the job. Inform Home Depot that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud and deceptive trade practice causes of action, 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. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on their record.
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