Q: Can I sue a homeowner for Breach Of Contract, and loss of income.
After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my forms, to complete the project and are suing me for their deposit amount. My contract outlines payment schedule as ⅓ at contract signing,, ⅓ at job start, ⅓ at completion. At this point they have paid ⅔, which covers materials, and labor. I was forced to file felony charges of theft for my property and tools, but they still refuse to return any of it. They have now left multiple outlandish, and degrading reviews on a number of sites using fake names, and making outright ridiculous accusations. I am counter suing, for breach of Contract, loss of time, loss of income, as well as defemation of character. Do I have a leg to stand on?
A: Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools, this is either a "civil conversion," or a crime called theft!
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