Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?
A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think I would rather hire someone else. Can I get my deposit back for lack of performance, regardless of the fact that he "tried" and failed? The work is evidently not up to a workmanlike standard (or the roof wouldn't leak), so it is as if I effectively paid him to hire two men to tapdance on my roof for three days.
A: If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to collect from him if he has no money. Use the Find a Lawyer tab to retain a local construction litigation attorney to review the situation and advise you.
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