Ex-client of contractor wants refund of deposit

[SLD1672]

What is the name of your state? MA

My husband has his own business and was hired by a client for some landscaping. They signed a contract that included the cost, timing, etc. The client paid half ($4600) at the start of the job which was listed on the contract as a deposit. Then the client changed his mind after work had begun (not sure of the reason - we're speculating he found a better price) and made it impossible for my husband to finish by the deadline. Only about $1000 worth of work was done at this point. Now the client wants his $3600 back. The contract did not state that deposits are not refundable.

1.) Is it automatic that the client is owed a refund based on the work done, even if it was the client's decision to stop the work?

2.) If my husband refuses to give a refund, could he be arrested for larceny?

3.) Does my husband have a case against the client?

Thanks

 

[BL]

What is the name of your state? MA

My husband has his own business and was hired by a client for some landscaping. They signed a contract that included the cost, timing, etc. The client paid half ($4600) at the start of the job which was listed on the contract as a deposit. Then the client changed his mind after work had begun (not sure of the reason - we're speculating he found a better price) and made it impossible for my husband to finish by the deadline. Only about $1000 worth of work was done at this point. Now the client wants his $3600 back. The contract did not state that deposits are not refundable.

1.) Is it automatic that the client is owed a refund based on the work done, even if it was the client's decision to stop the work?

2.) If my husband refuses to give a refund, could he be arrested for larceny?

3.) Does my husband have a case against the client?

Thanks

The client would have to file suit .

If your husband can prove the client breached the contract and would not let him finish the work contracted for , he may be able to keep the deposit .

If he can show he lost work and how much work and income between the clients' breach and the time he had other work , the Judge could decide how much , if and of the deposit or contracted amount should be awarded to him .

Both sides have to show their proofs , and the Judge will decide .