Remodeling Contractor Performance Problem

[GeneH]

I'm going to try & keep this post short and to the point:
- I'm in NJ; contractor is a d/b/a in PA
- Contract for outside work signed in June 00
- Deposit paid at time of contract with provisions for progress payment and final payment.
- Local weather caused not unreasonable delays in work starting.
- After no communication from contractor by Labor Day, phone call reveals he is allegedly way behind in work, but still plans to start the project ASAP.
- I draft letter for his sig. recapping our phone call and his assurance work will start on/about mid-Oct, barring continuation of unseasonable wet weather. (He signs and returns letter)
- Weather clears in Sept and Oct; no work yet
- I discover no permits obtained from permit office.
- Latest phone call reveals more tap dancing.
- Admittedly WAY late move on my part to obtain a D&B reveals an outstanding 6 yr old judgement and 3 yr old bakruptcy
- My gut tells me he's not going to get the job done because he's been living on my deposit.

Do I have any reasonable course of action?

Time is fast approaching that work as contracted for will become not only unfeasible to complete due to winter, but we may, in fact, be moving and selling the house.

Thanks!

 

[Tracey]

Inform him that you'll charge him with theft by fraud if he doesn't start work. If he was insolvent when he took your deposit & never bought materials or obtained permits, he never intended to do the work. Inform him that the work must start by x/x/xx, or you will be forced to find a substitute contractor & will sue him for the deposit and any extra money you have to pay for the replacement contractor. Line up bids now.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!