Cordova, TN asked in Civil Litigation and Contracts for Tennessee

Q: Contractor never finished job as contracted, they have kept us waiting for a whole year, can we file a small claim?

We initially contracted the company to pour concrete on our patio, but after taking the down payment, they only pour a small corner. We have called and demanded them to either finish the job or return the money, but they only say they will get the job done. This has led on for a whole year, can we file at a small claim court to get our money back?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: You have a 6 year SOL, unless a contract says otherwise. Yes, you can sue for Breach of Contract, and maybe other causes of actions. But you need to know exactly who to sue and where to serve them. Good luck collecting any judgment. The best you may be able to do is get a judgment, then file it as a lien for 10 years.

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