QUESTION
How can we get our deposit back from a contractor who says he is closing his business and not communicating?
Asked on Sep 25th, 2024 on Contracts - Virginia
More details to this question:
We signed a contract with a contractor on June 17,2024 to have a screened porch and a deck to our house. We deposited a little bit over than half of the money quoted. However, a month later we had learned from neighbors the contractor was unresponsive and had similar problems with other customers. Little web research showed his licence was suspended on March 2024. Unable to reach him, so we tried to see him at his place but we only got a text he had health issues, on second visit he texted he is going to refund the money back. There was no response later. we also learned that he filed chapter 13 before.What are our legal options?
1 ANSWER
Outside General Counsel/Fractional General Counsel/General Counsel as a Service Attorney serving Richmond, VA
Partner at
Eldredge Law Group, PLLC
2 Awards
As with most cases involving written contracts, it is impossible to give a definite answer without reviewing the contract terms. That being said, you will likely need to find a commercial litigator to help you try and recover monies from the contractor (or his company, if you had an agreement with his company as opposed to him individually). Your lawyer may be able to get the contractor to be more responsive that you have been, but there is never a guarantee that will be the case. Depending on the amount owed, you may be able to file a warrant in debt in general district court in Virginia, which is usually a faster and cheaper process than filing in circuit court. But, in most cases, the amount at issue has to be less than $25,000.
If the contractor files bankruptcy then you would have to file your claim as a creditor in the bankruptcy proceeding.
Best of luck to you in finding a resolution.
Answered on Oct 04th, 2024 at 1:36 PM