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 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?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • 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.

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