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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37830
Experience:  16 years real estate, Realtor. Landlord 26 years
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Aged homeowner and disabled son live together. Fire on back

Customer Question

Aged homeowner and disabled son live together. Fire on back porch June 2015. Insurance company estimates damages @ $100,000. Homeowner dies. Blind child of homeowner who is executor of estate enters into contract for repair of property. Contractor receives advance payment of > $50,000 but does no work to complete repairs by May 31, 2016.. What can be done to get contractor to complete repairs and compensate for additional living expenses..552,000
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Has there been any reason given for the delay?.Has the contractor done anything at all....remove damaged material, come up with plans to rebuild, etc.?.Was there any written contract with a completion date set for May 31?..thanksBarrister
Customer: replied 1 year ago.
Rain is only reason given. Contractor came up with plans in November 2015, and alleges to have recently torn down kitchen add-on and deck, but has not rebuilt/replaced shed kitchen and deck, removed asbestos tile, redone hardwood flooring, completed bathrooms, upgraded electrical system, repaired roof damages in fire- or anything else. Most recent contract signed March 29, 2016 provides completion date of May 31, 2016.
Expert:  Barrister replied 1 year ago.
Ok, then if the contractor doesn't hit the May 31 deadline, then the estate could file suit against the contractor for breach of contract for a refund of any money that the contractor can't prove that he has earned. .Contracts matter and deadlines matter and it hasn't rained for 7 months... So the contractor is either dragging his heels intentionally and doing other jobs because he got a large deposit up front or he has spent the money on other things or jobs and doesn't have it to complete this job..This is one of the reasons why you never give a contractor a large down payment as they have a tendency to not show up after they get the money....thanksBarrister