Ask SAM: Getting a contractor to respond
July 7th, 2021
Question: I contracted with a local small business owner to handle two projects for me. The first was completed in a satisfactory manner. With the second, I paid a deposit with the balance due upon completing. I am quickly approaching the time I need him to perform this service under the contract but I cannot get him to respond to calls, texts, emails or voice mail. I consider this to be a breach of contract performance. If I hire another service provider in his place, am I on firm legal ground to do so? I suppose I would also need to sue to recover my deposit. ~ K.C.
Answer: "The contractor may just be giving you the shuffle because he is busy, since he previously followed through," said local attorney Mike Wells. "But assume it is likely more than this, in light of your many attempts to contact him without success. I presume your contract is in writing. Everything noted in this response would be trumped by anything in the written contract which is contrary to these suggested actions."
Without a written contract, or only vague references to a start date, Wells said, you are subject to "he said," "he said" contentions, and a muddled understanding of this key operative term.
Click here to read the full article at the Winston-Salem Journal.Posted in: Ask SAM: Legal Questions & Advice