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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I tried calling, to no avail and I sent an email.

Customer Question

I tried calling, to no avail and I sent an email.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

Can you please tell me what your question is? This is what I have so far:

What have you tried so far?:I tried calling, numerous times, I also sent an email, to no avail. This issue has gone on for a couple of months now.

I tried calling, to no avail and I sent an email.

Can you tell me what the issue is, what you are attempting to achieve, and what state this is in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Sorry, my initial question must have gotten lost. I am a senior who hired a contractor to reguild my home after a fire loss. He has received over 2/3 of the total payment, but has only don 1/4 of the work so far. I requested a meeting with him to discuss moving forward on my house, the date was set and he was a no show, I spoke with him again and the same thing happened. He does not answer my calls, and I did email him to no avail. What can I do to get my money back or the job completed.
Customer: replied 1 year ago.
I am at my wits end!
Expert:  Ely replied 1 year ago.

No problem at all; thank you for your clarification. Can you please tell me two more things:

1) Did the project have an end date by which they should have completed it? Or not? What was the end date if it existed? Are they even close to on track, or, way behind?

2) What state is this in?

Customer: replied 1 year ago.
The state is Massachusetts (are you in Mass?) And the end date has passed. They are completely off schedule. The house has been gutted, framed, widows walk put on and that is it!!!
Expert:  Ely replied 1 year ago.

Thank you.

Breach of contract may be minor, or material.

A minor breach is substandard performance but one that does not cancel the contract.

A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.

Is it a minor or material breach? The Court would decide based on the following subjective factors:

1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.

For more on this, see HERE.

What someone in your situation wants to say that due to their missing the deadline without good reason, they may be liable for material breach of contract, and not only would someone in your situation find another contractor, but also, would hold them liable for the difference of the pay that was required to finish the job.

Of course, this is rather aggressive. Since one wants to maintain good relations, that threat is best saved for last.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.