Portage, IN asked in Consumer Law and Construction Law for Illinois

Q: A contractor took my deposit over 10k and never performed work, will not provide refund, said he no longer wants to talk

The contractor verbally promised a 10% discount and build date within 60-90 days if I signed a contract and provided down payment that day. I agreed and signed a contract. The contract did not list the build date. After multiple calls and text messages over the course of 8 months (the contractor refused to take calls and would only text), the contractor promised material delivery and work to start "next week" twice and failed to deliver both occasions. After a year, I contacted the Sheriff's department, who called the contractor. The contractor promised to return the down payment and call me the following day, which never happened. It has been nearly two years and the contractor said he doesn't have to return my down payment and is not willing to complete the build either because I went to the Sheriff's department. I am trying to work through the State's Attorney, but because the build site was not at my primary residence, he said he cannot pursue the home repair fraud act.

1 Lawyer Answer
Steve McCann
Steve McCann
  • Consumer Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You have a couple of options, but the best option is dependent on specific facts that are not provided here, such as the terms of the contract, and details about the contractor's company. That being the case, I recommend you organize everything in your possession regarding this message, including the contract, and consult with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the opinion of an experienced professional. Also, I recommend acting quickly if it has been nearly two years, and your options will only minimize the more time that lapses.

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