What is the name of your state (only U.S. law)? TN
Back in November/December, I wanted to hire a structural engineer / draftsman to draw up plans for renovations to a home I was purchasing. He said he was busy, and didn't have time until later in January. Then around mid-December, he emailed and said some time had opened up for him the week before Christmas and the week after Christmas, and that he could get rolling on the project if I sent him a retainer. So, I sent him a $2500 retainer, for which he sent me a receipt; this was about 1/3 of the payment for about 80 hours of total work he was going to put in on our project. I then didn't hear from him for a couple weeks, followed up a couple times with him, to which his response was that he hadn't gotten to it yet. Once 5-6 weeks had passed (now 3rd week of January), with little communication from him and no progress, I asked for my retainer back. He agreed via email at that time to refund my retainer, minus $500 for a few hours he'd supposedly put into the project; so, he was to send me back $2000 of my retainer.
Tomorrow is now April 1st, and I haven't received any money back from him. When I email him, he says he's still planning to send it, but that I've put him in a bad financial position by cancelling the work he was going to do for us. Originally, he had said his schedule was full and that he was very busy and swamped. Now I've supposedly put him in a bad spot by cancelling 2 weeks of work? Something does not add up here.
I'm wondering what my recourse is at this point? If he still hasn't paid me back in another month, 2 months, 6 months, what can I do? Can I take him to small claims court and win?
Any advice people have would be appreciated!!!
Thanks,
KiHu
Back in November/December, I wanted to hire a structural engineer / draftsman to draw up plans for renovations to a home I was purchasing. He said he was busy, and didn't have time until later in January. Then around mid-December, he emailed and said some time had opened up for him the week before Christmas and the week after Christmas, and that he could get rolling on the project if I sent him a retainer. So, I sent him a $2500 retainer, for which he sent me a receipt; this was about 1/3 of the payment for about 80 hours of total work he was going to put in on our project. I then didn't hear from him for a couple weeks, followed up a couple times with him, to which his response was that he hadn't gotten to it yet. Once 5-6 weeks had passed (now 3rd week of January), with little communication from him and no progress, I asked for my retainer back. He agreed via email at that time to refund my retainer, minus $500 for a few hours he'd supposedly put into the project; so, he was to send me back $2000 of my retainer.
Tomorrow is now April 1st, and I haven't received any money back from him. When I email him, he says he's still planning to send it, but that I've put him in a bad financial position by cancelling the work he was going to do for us. Originally, he had said his schedule was full and that he was very busy and swamped. Now I've supposedly put him in a bad spot by cancelling 2 weeks of work? Something does not add up here.
I'm wondering what my recourse is at this point? If he still hasn't paid me back in another month, 2 months, 6 months, what can I do? Can I take him to small claims court and win?
Any advice people have would be appreciated!!!
Thanks,
KiHu
