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Good afternoon. I am sorry to hear about what you are going through. Can you please share with me what your question is?
Thank you and allow me a moment
So he never did any work?
Just trying to under what you want to recover and why
Thank you. If he failed to perform under the contract and do the job which he was hired for, he would be in breach. First, he needs to be placed on notice regarding the problems and be given a change to fix them. If he refuses and you need to hire a 3rd party to fix it, then you would need to sue him for the cost in doing so. At this point, it is a better of fixing the issue and getting the soil and property in the condition which he was hired for and expected. You can sue him to recover the cost if he refuses to do this.
Yes, you can sue him but it may be determined that there was some value/benefit converted for his services. If the entire job was a mess and he did nothing, then you can sue him to recover what was paid.
Yes, I do understand. If you sue and prevail, the Judge can order that he pay your attorney fees.