Saint Louis, MO asked in Construction Law and Contracts for Missouri

Q: Out of state customer signed a construction contract on 10/26/20 and on 11/30/20 backed out and wants down payment back.

I am an Insulation Contractor from Illinois where I live and work full time. My client, whom I’ve never met face-to-face (we’ve only communicated via texts and phone calls) dialed me from New York, where he lives and works and requested a quote for Crawlspace Encapsulation for his new future retirement home in Illinois. The client allowed me to visit the unoccupied home for an inspection (he could see me on wi-fi cameras) and I agreed to and created his estimate. On October 26, 2020 he agreed to proceed with the work and he signed a digital contract provided by me (I use HelloSign.com) via email and we spoke over the phone. He was impressed with my knowledge and later text me “you can start whenever you want” and he mailed a down payment. The Signed contract states nothing about a start or finish date. He called me back and claimed I’ve been giving him the run-around and he backed out on 11/30/20 and wants deposit back. Do I have to pay him back with my time/resources invested?

Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: I suggest that you repost your question and list your location as Illinois rather than Missouri, because you've got a state law issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.