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I signed a kitchen remodel contract with Home Depot but they…

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I signed a kitchen remodel...
I signed a kitchen remodel contract with Home Depot but they don't finish the job. They barely answer the phone, find all kind of problems and excuses but no progress.
They took my kitchen apart and I am without a sink since 2 weeks. I may need a lawyer to force them to move on.
(This is in Vero Beach Florida).
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
3/5/2016
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,889
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good afternoon. My name is ***** ***** I look forward to helping you.

Since they've not finished the job and won't respond, you want to raise the stakes on them. .First, get an estimate from another contractor of the cost to properly finish the job. Then, send Home Depot a certified, return receipt requested letter detailing the history, terminating the contract due to their default, and demand that they 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 Home Depot had they completed the job. Inform Home Depot that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that 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, they will settle this without a hearing rather than risk punitive damages and the judgments being on their record.

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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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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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