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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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