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I have a contractor who has been doing renovation work on my home. He worked last fall for me and was to resume work in February this year.

I had been calling him since Feb.1, 2010 to get him to come and finish my job. He scheduled to be here on February 15th. He didn't show up, nor did he call me to tell me anything. From February through May, I contacted him repeatedly to encourage him to return to the job. He gave me a "laundry list" of excuses and even scheduled a couple of return dates that never materialized. I repeatedly requested that he keep me informed, but that seemed to fall on deaf ears. He just didn't show up nor would he call.

After much prompting from me, he finally returned to my job on May 17. He spent 1.5 hours looking at the job and taking measurements; then telling me the job would be done in 5 or 6 days. (I believed that I'd be able to move back into my home by the end of May. I have been displaced from my home since September 28, 2009 due to renovations.)

He returned to my job on May 20 to spend the day hanging drywall (which he did is a less than satisfactory manner). He told me he'd be at my house with the drywall finisher on Sunday, May 23. He didn't show up nor did he call. Nor did he show up on Monday, but he did call to re-schedule for Wednesday, May 26. He did not show up on Wednesday, nor did he call to let me know what was going on. The next time I heard from him was on Saturday, May 29. He called to tell me he was coming to my home that day with the drywall finisher.

His last on the job at my home was for a consultation with the drywall finisher and me on May 29, 2010. When he left that day, he said he'd call in a day or two to let me know what day he'd return the next week with the drywall finisher to complete the work on my home. Nearly four weeks later on June 25, he called and left a message saying that he planned to be on the job on Tuesday, June 29th.

Since he abandoned the job and did not contact me as he’d promised, I have hired a drywall finisher who is completing the job. I responded to the contractor’s message to let him know that I have a finisher who is currently working on the job.

What legal advice can you render in dealing with the original contractor and his irresponsible and neglectful actions in this situation? He has threatened to take me to court over this.

I appreciate your assistance.
Lynne M. Galassi
Submitted: 8 years ago.Category: Legal
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Answered in 11 minutes by:
6/28/2010
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified
At this point I think you can safely say he is in breach of contract and that if he sues you for anything you will countersue for the additional living expense you have had to incur due to not being able to use your house for the extra months. It is hard for me to imagine that a judge wouldn't be extremely sympathetic to you.

You may even want to hire a local lawyer to write him a letter. That is probably the most likely way to make him drop this.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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