Do I need to return a down payment for a job 2from 2 years ago that was never done

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I need to return a down payment for a job 2from 2 years ago that was never done

The builder hired us the to do concrete work
for a house gave 30 down in 2016 we were set
to start but was deleayed on their half for
different reasons. And now have completely
cancelled the job and want the 30 back

Asked on August 2, 2018 under Business Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not if they first delayed, then cancelled. When the person who provided the payment is the reason that the job cannot or will not be done, they lose their down payment for the "breach"--or violation--of the agreement under which you agreed to do work for them in exchange for pay, and further agreed (at least implicitly, if not explicitly) that you would hold resources or dates on your calendar for them to get the work done, therefore potentially giving up other work or opportunities. The down payment was to secure your firm agreement and availability to go the job, by making sure that you would receive at least partial payment if the job were cancelled; you did your part, by being ready, willing, and able to work, so if they cancelled the job after you agreed to do it, they lose their down payment.
The result would be different if *you* had been the reason the job could not be done: since you cannot keep someone's money while refusing or being unable to work, in that instance, you'd have to return the down payment.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption