Should I wait?

[JMac]

A contractor we have a signed contract with to build a deck got injured in a car accident. He has not been able to start the job and it is supposed to be finished by May 30, 2001 as per our contract. He won't give back our deposit yet and we're not sure if he even has it all still. Should we wait until after May 30 to sue him for the refund (and interest probably) to lock in our case that he breached the contract or can we start the proceedings now? Despite our best efforts, he hasn't communicated with us for three weeks now.

-JMac in PA

[Edited by JMac on 04-23-2001 at 10:12 AM]

 

[loku]

Contractor will be late

Assuming you meant to write May 30, 2001, if you can prove that it would be impossible for him to complete the job for you on time (or reasonably close to it), then you could sue now on the theory of anticipatory breach. However, it would be easier to prove a case if you did wait.

You might consider having an attorney write him a letter, threatening suit if he does not return the deposit. That often works in such situations.

 

[JMac]

Many thanks. I corrected the date problem.

As for contacting a lawyer, we already have and although the contractor picked up the letter, he has not responded. Next step is probably filing suit. Thanks again.