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I hired a contractor to remodel a bathroom in my home

Customer Question
I hired a contractor...

I hired a contractor to remodel a bathroom in my home 9/2017. I paid a large down payment at that time and the initial start time has been pushed back once and passed a second time. For the past few weeks, the contractor has not answered or returned my calls. Will I be able to get my down payment back and what type of lawyer would I need to hire to assist me with this if he refuses.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so.

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
11/14/2017
Lawyer: Richard, Attorney replied 8 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,039
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: Richard, Attorney replied 8 months ago

Yes, you will be able to recover your money. What I suggest you do is raise the stakes on him. First, get an estimate from another contractor of the cost to properly complete the job. Then, send your existing contractor a certified, return receipt requested letter detailing the history and demand that he either complete the job within a short specified period of time or pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid him had he completed the job competently. Inform him that if he does not comply with your demand, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud, and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Lawyer: Richard, Attorney replied 8 months ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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