Seeking Refund for Contractor Services Not Rendered

7 years ago

I recently decided to part ways with a general contractor with whom I was struggling to communicate and, frankly, questioning his knowledge and abilities. Initially, I was forced to pay a 50% deposit for the agreed upon scope of work in order to begin any of the projects. One of the projects was completed; two of the projects were started but, understandably, no one will complete another contractor's work so I will have to eat the cost of supplies and labor to start all over. At this point, I'm seeking a refund for the deposit for two other projects, which were never started; unfortunately, he's refusing to reimburse me. I've already paid him a significant amount of money with very little to show for it so its extremely upsetting that I'm unable to recoup money for services that were never rendered; this seems unethical. We had a very simple, straightforward contract that we both signed. It literally detailed the scope of work and cost, as well as stated the payment schedule. 50% of the scope of work was due immediately, 25% when the work was 75% completed and the rest upon 100% completion. The contract didn't address any thing with regard to changes, refunds, termination of the relationship, etc. Do I have any rights? He's insisting his travel time and time in general justifies retaining the deposit as well as alluded to demanding more money but, frankly, I saw very little of him. I personally ended up purchasing all the supplies / materials; there was a large paint project for which he seemed to have trouble retaining the different colors to be painted in the different rooms so I detailed everything in writing to make it easier for him and his painters. I also wanted to continue the first floor hard woods upstairs but, since the previous owners purchased the hardwoods, I was uncertain what they were; I found a box the previous owners left behind of some of the wood remnants and suggested he Google the bar code and/or info on the shipping label to identify the wood. This seemed to frazzle him so I said I would do the research....I literally started to feel as though he was just there to pick up his check. I can't bear to absorb several thousands of dollars when I've already given him more than is warranted. Am I being unreasonable?

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Comments (3)

Holly Stockley
7 years ago
The fact that none of this is specified in the contract puts you on some pretty shaky ground. I'd ask him for invoices on all materials purchased as well as time sheets and travel logs, if he really thinks he's got that much into this. Suggest you could subtract off an amount for all the time YOU spent doing HIS job, which might keep him a little more honest.

If you purchased absolutely everything used (down to screws and nails) then he needs to submit a reasonable labor cost breakdown ONLY.

You aren't being unreasonable, but that doesn't mean you're going to win this battle. You can threaten things like poor reviews on social media or other sites. How did you pay him? If by CC, you can dispute the charges. Although you do owe him something for what he DID do, you'll have to work it out between you how much that is.

You will need to decide - at what point is the cost of legal consultation (and possible pursuit) something you want to proceed with? Or is it cheaper to cut your losses and move on?
Mila thanked Holly Stockley
jellytoast
7 years ago
Where do you live? He may be in violation of state contractor laws regarding the amount of deposit he required, especially given that you purchased all materials. A 50% deposit for a job not even started and he isn't supplying materials didn't raise any red flags?
Mila thanked jellytoast
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Mila
Original Author
7 years ago
Thank you, Holly; I did compensate him for the work that was completed and paid the contractually agreed upon amount for that which was partially completed. To my knowledge, I paid for all the supplies / materials, i.e. paint, stair treads, glue, etc. I'm concerned if I push back regarding his time / labor costs he's going to fabricate information to justify the amount he's refusing to refund, as its essentially his word against mine, at this point. I once questioned a quote he gave me for some additional work the painters were going to do; I asked what their hourly rate was to which he replied, "I don't know that's just the quote he gave me". He then proceeded to try to appease me with the fact he "talked him (the painters) down" in cost as he originally wanted to charge me more for the extra work.

Thank you, Jellytoast. I live in Georgia. Ironically, I'm in the process of trying to determine the maximum amount a contractor is permitted to require upfront but I'm having trouble verifying the information. All my research suggested most contractors require a deposit just to initiate work so I was alarmed. Initially, he was supposed to purchase the materials but as things progressed it fell upon me to do so