South Windsor, CT asked in Contracts for Rhode Island

Q: Breach of contract question - landscaper contracted to install a drainage system. Paid half up front, $7500.

We hired a contractor to install a drainage system, paid him $7500 up front. The job was supposed to be done June "weather permitting". It was a rainy summer so some delay would have been acceptable, but by the end of August he still had not started. Then he was involved in an accident and was laid up for over a month, which delayed the job further. Since then we have been told several times he is almost ready to start, and we are next, but it is now end of December and the job has not been started. We have not heard from him since Nov. 25. We approached him about a refund, but he said he would not refund our money, and would only drop off materials he purchased for the job (purchased back in March). Do we have a good case to sue him and get our money back, or do we have to accept materials as payment?

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