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!
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.