What is the name of your state? Wyoming
I had an agreement with a contractor to build some retaining walls and planter boxes. I paid him a 50% down payment two months ago today. In that time there has been about three days worth of work completed. I did not get a written time line or specifics laid out. It was basically a verbal agreement. He did send me a letter requesting the down payment, which I made through paypal. I sent him an email threating to file complaints against him, starting with attorney general's office, because of the lack of work. (I have left at least two dozen phone messages on two phone numbers and he will not speak to me) Today he emailed me saying:
" I work from 6:00 in the morning until 10:00 at night trying to get caught up on the projects we have and running the business. Your project has grown in scope considerably since we started, such as ... This has placed considerable burden on time for this project. I will be sending you a refund for the amount you sent minus the expense we have incurred so far. You can then find another contractor to do your work. "
He knew about 90 to 95% of the project when he requested the money. He "dumped" my project on a worker of his two weeks ago. The worker has expressed similar problems with making contact and not being able to move forward due to lack of materials be procured.
I have no problem letting go of this loser but I need the project done and contractors are scarce in my area. I would like to be able to "force" him to do it through small claims process.
Does his abadoning of me/my project equal breach of contract?
Thank you in advance.
I had an agreement with a contractor to build some retaining walls and planter boxes. I paid him a 50% down payment two months ago today. In that time there has been about three days worth of work completed. I did not get a written time line or specifics laid out. It was basically a verbal agreement. He did send me a letter requesting the down payment, which I made through paypal. I sent him an email threating to file complaints against him, starting with attorney general's office, because of the lack of work. (I have left at least two dozen phone messages on two phone numbers and he will not speak to me) Today he emailed me saying:
" I work from 6:00 in the morning until 10:00 at night trying to get caught up on the projects we have and running the business. Your project has grown in scope considerably since we started, such as ... This has placed considerable burden on time for this project. I will be sending you a refund for the amount you sent minus the expense we have incurred so far. You can then find another contractor to do your work. "
He knew about 90 to 95% of the project when he requested the money. He "dumped" my project on a worker of his two weeks ago. The worker has expressed similar problems with making contact and not being able to move forward due to lack of materials be procured.
I have no problem letting go of this loser but I need the project done and contractors are scarce in my area. I would like to be able to "force" him to do it through small claims process.
Does his abadoning of me/my project equal breach of contract?
Thank you in advance.