Is this clause valid?

[kalimba]

What is the name of your state?What is the name of your state?Massachusetts

Hello.
This is my first post here.

We contracted to have a shed built on our property, paying 40% up front two months ago. The contractor has been unreliable and not very communicative, and I learned today that he has a bad BBB rating.

The contract says that a full refund is only awarded if canceled before 7 days of construction. I called today to inquire about a refund of the deposit and he said that the materials were ordered yesterday and the project is planned for 7 days from now.

My question is this:

When I reread the contract (my husband dealt with it initially), it states that the balance is due upon arrival on site, not upon completion of the project.

Is this legal? It seems to me that some payment should be withheld until the project is complete.

Also, if he does not show up again, what recourse do I have? The down payment was about $1700.

Additionally, when I spoke to him today, he said that he has hired subcontractors to do our project. I told him that I contracted with him and wanted him there. His response to that was vague.
Is this legal for him to do this and does it change any of the other issues?

Thanks for any advice.

 

[JETX]

I learned today that he has a bad BBB rating.

That should have been checked BEFORE entering the contract.

When I reread the contract (my husband dealt with it initially), it states that the balance is due upon arrival on site, not upon completion of the project.

Is this legal?

Yep.

It seems to me that some payment should be withheld until the project is complete.

I agree.... and that requirement should have been included BEFORE signing the contract.

Also, if he does not show up again, what recourse do I have? The down payment was about $1700.

Your only recourse is to notify the contractor in WRITING of his breach and give him a specific time to remedy his breach. If he doesn't remedy, then your only recourse is to consider filing a lawsuit.

Is this legal for him to do this

Unless the contract specifically requires his presence, yes.

and does it change any of the other issues?

Nope.