Contract - no start date, No-show contractor..

[stuckinTN]

What is the name of your state? TN

Several months ago, we signed a home renovation contract with a contractor, and put down his requested 25% deposit (almost $6K). He actually had two good references - which we checked, was licensed/insured, was in Yellow Pages, etc.. Unfortunately, we didn't include a start/end-date on the contract. The contractor has missed three verbally promised start dates, and since signing, he shows an extremely clear/consistent trail of fraud, obviously not intending to do the work (skipping the state, etc.).. He has taken deposits from several others as well, and skipped out of paying his shop landlord's rental bill. He never returns calls. Only by extensive detective work have we even been able to find him, and then on the phone, he offers excuses, more start dates, that turn out to be lies. His lies fill three pages of carefully documented incidents. When I demand my deposit back, he also claims that we have an enforceable contract - that I can't tell him anything about when he can start, etc. Am I stuck with this, or can I claim any way out in small claims court, to kill the contract - and get my deposit back, etc. I need to get on with this renovation job, it's been months now, and it can't wait any longer. Any suggestions would be appreciated. Thanks!What is the name of your state?

 

[acmb05]

What is the name of your state? TN

Several months ago, we signed a home renovation contract with a contractor, and put down his requested 25% deposit (almost $6K). He actually had two good references - which we checked, was licensed/insured, was in Yellow Pages, etc.. Unfortunately, we didn't include a start/end-date on the contract. The contractor has missed three verbally promised start dates, and since signing, he shows an extremely clear/consistent trail of fraud, obviously not intending to do the work (skipping the state, etc.).. He has taken deposits from several others as well, and skipped out of paying his shop landlord's rental bill. He never returns calls. Only by extensive detective work have we even been able to find him, and then on the phone, he offers excuses, more start dates, that turn out to be lies. His lies fill three pages of carefully documented incidents. When I demand my deposit back, he also claims that we have an enforceable contract - that I can't tell him anything about when he can start, etc. Am I stuck with this, or can I claim any way out in small claims court, to kill the contract - and get my deposit back, etc. I need to get on with this renovation job, it's been months now, and it can't wait any longer. Any suggestions would be appreciated. Thanks!What is the name of your state?

Take him to small claims and sue for your deposit back that he got from you. Even though you had no start date on the contract the judge will see him for what he is just by his actions. If you can, get the other people he has done this to to go to court and testify for you. Also get his landlord to testify for you. Don't bother getting statements from them to take because they won't do you any good they need to show up in person.

 

[JETX]

When I demand my deposit back, he also claims that we have an enforceable contract - that I can't tell him anything about when he can start, etc. Am I stuck with this, or can I claim any way out in small claims court, to kill the contract - and get my deposit back, etc.

And NOW for a legally accurate response....

Since you have finally located him (shouldn't have been too hard, since you say he is licensed, etc.), send him a letter (certified RRR) demanding that he contact you within 10 days of reciept to schedule completion of your contract or a return of any and all moneys paid. Include that if he doesn't, you will pursue legal action.
Then, if he doesn't comply, file a small claims suit (your state limit is $10k) and present the contract, your list of contacts and a copy of the letter.
Sounds like you have a pretty good case... but the problem will very likely be forcing him to pay any judgment you might get.

Your state law requires a license (BC-A,B) for jobs in excess of $25k.

You might contact the appropriate TN agency and file a complaint against his license... or a claim against his bonding company.
http://www.state.tn.us/commerce/boards/contractors/index.html