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We hired a contractor to lay sod, paid 50% of the cost for

the sod and his services...
We hired a contractor to lay sod, paid 50% of the cost for the sod and his services. He did cut and bag the old sod but then the sod sat after delivery for a week before any attempt was made to lay it. We were told by a sod grower and also our county's agricultural's Master Gardner not to accept it as it should have been laid as soon as we received it. The contractor agreed and told us he would have new sod for us the following week. It is now 4 weeks from delivery of the original sod that still sits in our yard. He has given us 4 different excuses for the delays. All have been proven to be lies. The sod company has now threatened us with a lien on our house as his check paying for the sod bounced. How do we break the contract with this contractor? Is it possible to ask for some of the money we paid back?
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Answered in 1 minute by:
6/1/2010
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
Verified
You can sue the contractor in small claims court for his breach and get the court to order the contract null and void and get a judgment for him to repay money that you have already paid and for damages due to the sod company not being paid.
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Customer reply replied 7 years ago
We really do not want to take him to small claims court If he is willing to cancel the contract. Is there any type of form that we should have him sign indicating this?
If he is wiling to cancel you can draft a simple agreement that each party releases the other from the contract and the he will return any prepayments that were made.
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Customer reply replied 7 years ago
Is there any place on line that I can go to find an example of a simple agreement to use for such purposes?
Unfortunately no there is no "form" I can point you to.
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
Verified
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legaleagle
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
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Experience: Attorney-Business degree from The University of Texas

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