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roofing contractors

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What is the name of your state? What is the name of your state? Illinois
We signed a contract w/ a roofing company on 5/7/02, was given a verbal promise that work to be done in 7 to 10dys. May 21st came, 14dys later (5/21) and called contractor, he states weather has not been good and there has been high winds >35mile an hour.
Well, 5 out of the 14dys might have been unworkable, I'll give him that. He then states we are scheduled to start work on our place on 5/24. 5/26 no work started(this is on our small summer cottage). Having some inclement weather, maybe 4dys since 5/26 and it is now 6/11/02, 8 messages left on voice mail and his cell phone. Needless to say when I do talk to him, I will be telling him I no longer want him to do the work, and I want my down payment back. On the contract it states; "Purchaser further agrees to pay contractor an amount equal to 15% of the total contract price should purchaser cancel this contract for any reason prior to installation of work." So I figure out of the $900 down payment, I will lose $270. My questions are; does he have any right to keep the whole down payment, if he has never started the work? Do I need to get a lawyer, or go to small claims court? Do you think I am being reasonable?
Thanks!
 



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