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Category: Legal
Satisfied Customers: 56867
Experience:  Licensed attorney helping individuals and businesses
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I am a homeowner, I received an Agreement from a contractor;

Customer Question

I am a homeowner, I received an Agreement from a contractor; his assistant put the wrong business name on the contract/agreement. I was given a new one with the correct name but didn't sing it. At first I was very happy with his work...then he wasn't working as many hours. I got upset and told him that I could find someone else. He said okay and hung up. Now he refuses to finish the work I have paid him almost $50K...he still has many odds and ends to finish including my tile. Since I didn't sign the contract can I still go after him? Since it was origionally sent with the wrong name (the contractor's referral service) can I sue him for being unlicensed? Help???
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.
You can sue him for breach of contract, malperformance. The contract exists whether by way of the original contract with error or by the conduct of the parties evidenced by payment and performance. His lack of license can be raised if this was not disclosed to you as a claim of misrepresentation, fraud, and concealment.
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Customer: replied 8 years ago.
Even though I did fire him I CAN still sue for breach of contract. Yes, he did tell me that the first contract was in error and gave me a new one a week or so later. However, I did write one check to the name on the orig contract; they cashed it and forwarded the funds to him...does that matter? To be clear, I can't sue for him being unlicensed since he gave me a new one and there was no intent of misleading me?
Expert:  INFOLAWYER replied 8 years ago.
You can fire and sue. You can sue for your existing damages. The lack of license should be raised with the court.