Kinston, NC asked in Contracts for North Carolina

Q: can a contractor keep my deposit for not doing any work.

To make a long story short did a contract and gave contractor 1,000 to get on the books. He gave me excuses on why he hasn’t started in 4 months for a addition on my house. I ask for my deposit back and sent me an email giving me excuses why not started and he said would give it back and would be about two weeks. I contacted in two weeks and he said it should be processed. 2 days later he sent me a email saying that the pictures he did for me which was just some computer 3D images was for his time and effort and would not return my deposit after he already said he would return it. The same day I file a small claims suit and have a court date next month. Do I have a leg to stand on.

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1 Lawyer Answer
Paige Kurtz
Paige Kurtz
  • Raleigh, NC
  • Licensed in North Carolina

A: Yes, you should proceed with your small claims case. The contractor would only be allowed to retain monies for work actually performed and based on the reasonable value of the services. Its fairly unlikely that the pictures would be valued at your deposit. Be prepared to present your case to the small claims magistrate along with any documents, witnesses and records of your communications that are appropriate.

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