St Louis, MO asked in Contracts for Missouri

Q: Bad contractor only came and worked one day, never returned to finish job.

I paid $11,000 (2 thirds job’s total) to replace a retaining wall & driveway. They came 1 day, tour out part of my driveway, didn’t return. I called several times next 4 months, excuse after excuse till over phone I was cursed at & bluntly saying they’ll never coming. I then filed a BBB complaint against them. Part of their reply "I am willing to come, fulfill my obligations but at this point my hands are tied until I hear from his attorney." At this time I didn't even have a lawyer, nor should need to! I now have a lawyer. So do they, wants to keep $1200 for the work they did. Even still my lawyer couldn’t get them to return rest of my funds. We’re now filling suit. To hire another contractor will cost me over double. However, my lawyer says “cost to finish the job is my expense. Under the agreement there’s no provision wherein they’re liable for my attorney fees.” Is this true, I can’t seek property damages? Can’t that BBB reply be used in court to force them to pay my attorney fees?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: Look up the “American rule” on attorney’s fees.

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