i want to file a law suit against my contractor.

UPDATED: Sep 30, 2022

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i want to file a law suit against my contractor.

pay 1/3 of the total project amount, and the contractor did not start the work
for more than 2 months now, and the contractor quit respond to my call.
I have a written contract with the contractor.
anything you can help me with let me know

Asked on March 28, 2016 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You simply file a lawsuit for 1) breach of contract (not doing what they agreed, whether orally and/or in writing to do); 2) breach of the implied covenant of good faith and fair dealing (the obligation, implied by the law to all contracts, that the parties deal with each other in good faith and fairly--not working and not even returning calls is not good faith); 3) fraud--having lied about what they could or would do; 4) unjust enrichment--the impropriety of allowing them to be unjustly enriched by keeping your money without doing the work; and/or 5) conversion (a form of theft--keeping money or property entrusted to you, when you don't have the right to do so). Suing is the way to get your money back and/or get other compensation and/or get them to actually do the work. If the contractor was an LLC or corporation, you sue it; if not, you sue the owner(s) personally. This seems like a straightforward case from what you describe; while a lawyer is always helpful, you may be able to represent yourself "pro se" to reduce costs.

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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