Q: Can a home contractor cancel without notice, demand payment in three days, then send to collections during negotiations?
A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company business owner, further movement happened, but ultimately the materials wanted were unavailable due to "supply chain issues." The homeowner rejected the materials and said they needed to consider other solutions. The business estimated a price difference without those materials but did not present a deadline for decision. A few weeks later, the business emailed that the homeowner needed to pay the balance in three days. The homeowner responded with a dispute and an alternate tally. The business replied with acceptance of some of the homeowner's response, but then sent the information to a collection agency a day later. What are the homeowner's options at this stage?
A: It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review by competent counsel will tell you the odds you will prevail.
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.