About a contractor who took deposit and doesn’t do the work or refund our deposit

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About a contractor who took deposit and doesn’t do the work or refund our deposit

I am the manager of a plaza in Connecticut.We had a roofing contractor to repair
the roof of the plaza.He took a deposit to the start the work One month ago and he
haven’t did any work till now.We asked to refund the deposit back,he is not
responding.Please advice on how to proceed. Thanks.

Asked on March 22, 2018 under Business Law, Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the contractor for breach of contract.  Damages (monetary compensation you are seeking in the lawsuit) would be a refund of your deposit and any additional damages caused by the one month delay of the contractor not repairing the roof.
When you hire another contractor, you will need to mitigate (minimize) damages by hiring someone whose fee is comparable to the fee charged by the original contractor or your damages will be reduced accordingly.  If contractors in the area are charging more than the original contractor for roof repairs, your damages would include the difference between what the new and original contractor are charging as compensation for the cost of completion.


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