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Anybody ever have to sue a contractor to get back their deposit?


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Old 19th June 2017, 10:54 PM   #1
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Anybody ever have to sue a contractor to get back their deposit?

Has anyone ever had to fire a contractor before for doing poor work? How did you go about getting your money back?

Mine is saying he used 700 lbs of sand in my back yard

And he's trying to charge me for the hardening sand, the polymeric, 700 lbs at about $20 for a 40 lb tub when he actually used that sandbox sand that costs about $3 a bag and I can totally prove it, especially since it's raining and that polymeric sand hardens when wet.

I'm reading things online that say I need to watch out that he doesn't sue me back but I'm not lying and have pictures to prove it. I haven't placed any negative reviews or anything up yet either but may in time.

He will look like an incompetent fraud by the time I am done with him. I figure he should get about $600 and refund me a thousand but he is lying about supply costs now and wants to refund me $600 (up from first $300, then a firm $500) but I haven't budged off my initial refund request.

What now? Can I sue? There is an unsigned drawn up contract that says nothing about refunds or guaranteed workmanship that we verbally agreed upon but nothing has been signed, if that matters.

Can I sue for all my money back, since everything he touched needs to be redone? He was here about six hours so I thought paying him $600 was more than generous but if I have to take it to court can I change that amount and try to get labor costs back?

Is it even possible to sue a contractor for a refund? He said I didn't let him finish but I wanted him nowhere near my house after I saw the patio pavers he did sloping TOWARD my house, I fired him immediately when I saw that.

So anyway, advice please??
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Old 19th June 2017, 11:53 PM   #2
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Judge Judy

I'd consider any real or potential damages to be tuition at the school of unsigned and/or ambiguous contracts.

OTOH, you can send him a nice juicy 1099.... oopsie
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Old 20th June 2017, 12:11 AM   #3
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Too funny carhill....I should go to a tv court, see how he'd like the whole country to know how poorly his work turns out but this idiot will probably see it as free advertising.
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Old 20th June 2017, 1:33 PM   #4
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oh my gosh this guy....today he is saying he will refund me $800

so far it's been $300 to $500 to $600 to $800 and all along I have been asking for a thousand back....why won't he just give me back my money????

I feel like I lose braincells every text we have
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Old 20th June 2017, 2:11 PM   #5
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Sounds to me like he is trying to work with you to resolve the issue if he's offered you $800. It's clearly your choice but I guess you value your brain cells at $200 since you want to fight this out.

I've been in business for 25 years. Here is the problems I see with fighting it out. Unsigned contract with no performance specifications. You ran him off and again that is your choice but he will take the stand you didn't allow him to finish or correct a problem.

It's a small claims case. If you were to go to file a small claims court case it doesn't even mean he will show up. In mine and a lot of states that doesn't mean you win, you have to refile for another court date.

If he doesn't show again that does not mean you win. It means you petition for a failure to appear warrant. Then you wait till he is picked up then it's back to court to state your case.

Lets say you win. The judge makes the order and guess what? You still have no money in your pocket. He may nickel and dime it paying it back or not pay at all. That is when you start chasing him for a wage garnishment.

I have gone through this scenario several times. Their is no debtors prison in the USA so it's not like he will get locked up for not paying.
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Old 20th June 2017, 2:14 PM   #6
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Does he have a Contractor's License?

Take a picture of the job he has done. If he has a license, show him the picture and threaten to go to the State Contractor's Licensing Board.

You can go to court and name any figure you think you have coming to you.

(I just had $6000. artificial turf installed. I post dated the deposit for two days after the job to finish)

Last edited by UpwardForward; 20th June 2017 at 2:21 PM..
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Old 20th June 2017, 2:26 PM   #7
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Quote:
Originally Posted by Rockdad View Post
Sounds to me like he is trying to work with you to resolve the issue if he's offered you $800. It's clearly your choice but I guess you value your brain cells at $200 since you want to fight this out.

I've been in business for 25 years. Here is the problems I see with fighting it out. Unsigned contract with no performance specifications. You ran him off and again that is your choice but he will take the stand you didn't allow him to finish or correct a problem.

It's a small claims case. If you were to go to file a small claims court case it doesn't even mean he will show up. In mine and a lot of states that doesn't mean you win, you have to refile for another court date.

If he doesn't show again that does not mean you win. It means you petition for a failure to appear warrant. Then you wait till he is picked up then it's back to court to state your case.

Lets say you win. The judge makes the order and guess what? You still have no money in your pocket. He may nickel and dime it paying it back or not pay at all. That is when you start chasing him for a wage garnishment.

I have gone through this scenario several times. Their is no debtors prison in the USA so it's not like he will get locked up for not paying.
The $200 extra means I'm paying him $800 in total. He stated he earned $450 in labor which I'm fine paying, I'm just wondering where $350 in materials comes from to reach that $800. Yesterday the asking price was $1000 and he was asking for $550 in materials so I'm getting somewhere.

The $200 isn't for braincells, it's for me not getting ripped off by paying for things I did not get and for him to keep me from publicly trashing him, his businesss and his reputation.
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Old 20th June 2017, 2:30 PM   #8
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Quote:
Originally Posted by UpwardForward View Post
Does he have a Contractor's License?

Take a picture of the job he has done. If he has a license, show him the picture and threaten to go to the State Contractor's Licensing Board.

You can go to court and name any figure you think you have coming to you.

(I just had $6000. artificial turf installed. I post dated the deposit for two days after the job to finish)
He does and I have his business card with the number printed on it.

I really wanted it to work out and to give the young man a chance. I appreciate his ambition to go into business for himself at 27 but I am sorry....I won't allow him to learn on my house.
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Old 20th June 2017, 2:34 PM   #9
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You're generous.

Wanting to pay him $450 in Labor for a job that has to be taken up, regraded and reinstalled.

Then there is the inflated price for the materials, that is if he even chose the correct mixture.

I would work on his 'labor' figure as well.
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Old 20th June 2017, 2:39 PM   #10
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Originally Posted by UpwardForward View Post
You're generous.

Wanting to pay him $450 in Labor for a job that has to be taken up, regraded and reinstalled.

Then there is the inflated price for the materials, that is if he even chose the correct mixture.

I would work on his 'labor' figure as well.
No I'm fine paying that. I figured I'd give him $600, $100 for every hour he worked. Lugging pavers is no picnic.

I'm totally fine with his labor costs.

He wants me to sign something that I won't give a negative review also which I gladly would do if he gives me back my thousand dollars but not if he's going to rip me off by printing out bogus invoices from suppliers.
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Old 20th June 2017, 2:57 PM   #11
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Originally Posted by amaysngrace View Post
No I'm fine paying that. I figured I'd give him $600, $100 for every hour he worked. Lugging pavers is no picnic.

I'm totally fine with his labor costs.

He wants me to sign something that I won't give a negative review also which I gladly would do if he gives me back my thousand dollars but not if he's going to rip me off by printing out bogus invoices from suppliers.
He's getting by easy.
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Old 20th June 2017, 3:17 PM   #12
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Fascinating that the guy wants something signed now
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Old 20th June 2017, 7:40 PM   #13
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Small claims court and then if the judge rules in your favor there is no guarantee that he will pay up. There is no enforcement on the courts side to get the party to pay up so then you will have to file a contractors lien against his company. And if he isn't an LLC I pity him because if he owns real property (real estate) you could be really evil and place a lien against that. But liens cost money. When I did one I think I shelled out about $400 but it was over $37k. So tread carefully if you wish to go that route.
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Old 20th June 2017, 8:16 PM   #14
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He decided to pay me $1000
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Old 20th June 2017, 11:43 PM   #15
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Shame him. Go public. There used to be a little section on the news here called silverman helps. He would go to crooked 'professionals' on behalf of the screwed over client, and confront them, ask questions etc. google him! He was great. Think he's retired now.
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