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We hired a fence company on April 5th to tear down and

Customer Question
We hired a fence...

We hired a fence company on April 5th to tear down and replace our backyard fence by end of April. He blew us off totally until last week..put the posts in and never came back. He says daily he will be back next day to finish, and has not returned or communicated. He just keeps putting us off. We paid him half 1289.00. Upon completion of fence we were supposed to pay him 2nd half. Pls advise what we can do to communicate with him that if its not completed by Tuesday that we will be suing for him all costs in total.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No we haven't done anything. I've never been in this situation before.

Lawyer's Assistant: Where is the property located?

It is a residential home in Overland Park, KS

Submitted: 2 months ago.Category: Legal
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Answered in 2 minutes by:
5/25/2018
Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,758
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You could try to call the police for theft by fraud, but because he did some work, they will tell you it is a civil matter

You need to send him a text and a letter as well telling him he has 5 business days to resume work or you will consider the contract in breach and will be suing him for damages including the costs to complete the work he started. If he does not get started back in 5 business days (which courts consider reasonable notice) then you can go to small claims and sue.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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