My parents hired a painter to paint there house. The original start date was May 25, 2021. Painter cancelled due to not feeling well. He postponed it for 2wks. Another attempt was made but cancelled due to weather. A contract was done and signed with a $1,500 deposit on 5/11/2021. The price of the services, labor and materials was agreed upon 5/11/2021 when the contract was signed. The painter was suppose to start project June 17, 2021. I sent an email June 15, 2021 giving the painter a list of paint colors to be used for the project . I received an email from the painter on June 16, 2021, a day before he was suppose to start the project. The email indicates that there were extra materials that were added on that are expensive and that he would be losing money. He explains in the email that we need to reach a mutual agreement on the price since he stresses prices have gone up on material. There are no additional material added that is different from the contract.
In order to answer this question I would need to review the contact and all of its terms. Otherwise, you can sue him for specific performance in superior court (Probably inadvisable) or to recover your deposit in small claims court.
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