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Contractors not completing work and now in jail

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baird12

Junior Member
What is the name of your state (only U.S. law)? Illinois

I contracted for my basement bathroom to be completed as well as drywall for the entire basement. The initial person I contracted then sub-contracted out the drywall. Most of the drywall is hung. I was then asked to pay forward the finishing part ahead of time for the amount of $600 and material $150. I paid this to the initial contracted person who stated he would pay the drywall person. Both parties have not completed work as stated and now the initial person is in jail. I would like to utilize someone different and would like to have the $750 I paid ahead time returned as that work has not been started. I have equipment left in my house by both parties. Am I able to hold on to the equipment until I receive my money back for the services not started?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Illinois

I contracted for my basement bathroom to be completed as well as drywall for the entire basement. The initial person I contracted then sub-contracted out the drywall. Most of the drywall is hung. I was then asked to pay forward the finishing part ahead of time for the amount of $600 and material $150. I paid this to the initial contracted person who stated he would pay the drywall person. Both parties have not completed work as stated and now the initial person is in jail. I would like to utilize someone different and would like to have the $750 I paid ahead time returned as that work has not been started. I have equipment left in my house by both parties. Am I able to hold on to the equipment until I receive my money back for the services not started?
No, you can't hold the equipment hostage. You should ask the contractor to make arrangements to have the work finished, as agreed.
 

baird12

Junior Member
No, you can't hold the equipment hostage. You should ask the contractor to make arrangements to have the work finished, as agreed.
If I would like to use someone else to finish my basement, am I entitled to have the money I paid in advanced returned?
 

Zigner

Senior Member, Non-Attorney
If I would like to use someone else to finish my basement, am I entitled to have the money I paid in advanced returned?
You need to give the current contractor a reasonable opportunity to remedy this matter.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois

I contracted for my basement bathroom to be completed as well as drywall for the entire basement. The initial person I contracted then sub-contracted out the drywall. Most of the drywall is hung. I was then asked to pay forward the finishing part ahead of time for the amount of $600 and material $150. I paid this to the initial contracted person who stated he would pay the drywall person. Both parties have not completed work as stated and now the initial person is in jail. I would like to utilize someone different and would like to have the $750 I paid ahead time returned as that work has not been started. I have equipment left in my house by both parties. Am I able to hold on to the equipment until I receive my money back for the services not started?
What does your contract say about inability of contractor to finish work? Is there a time frame within which the work was to be completed?
 

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