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Question DetailsAsked on 10/8/2017

can i put felony charges on a contractor for not refunding deipost if the contract said no refund

I signed a contract with a contractor I backed out of it do to him sending other people to do the job in the contract it said u back out u don't get a refund I signed it can I have him arrested for taking my money

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I presume the refund you are talking about would be ofthe initial deposit, and assuming that was a reasonable amount - a few hundred dollars on a smaller job, or typically 10% or so for a large job.


Of course you "could" - but unless he somehow defrauded you into signing the document he could file charges against you for filing a false complaint. Barring deliverate fraud on his part, the police / district attorney would undoubtedly tell you it is a contractual matter to be resolved through the civil justice system, not a criminal matter.


Assuming the phrasing was in the contract in the first place (not snuck in after signing), and that the contract did not prohibit him using subcontractors or his employees (presumably the other people he is sending) you have no action against him - a contractor is able (barring specific prohibitions in the contract) to use his employees and subcontractors to do the job, and for all but the smallest jobs or with some one-man handyman type outfits, generally do to at least some extent.


You don't say WHY you objected to these other people, or if they were doing inadequate / unworkmanshiplike work (in which case you have grounds for actions against him and not paying more till it is corrected). But barring good cause to object, I would say your best bet is to talk to the contractor about any concerns, tell him you had understood HE was going to be doing the work himself, and try to get him to finish the work under the terms of the original contract.


If you are using an architect on the job (say an addition or major remodel) he/she might be willing to explain normal contracting procedure to you and act as a go-between to smooth out the relations between you and the contractor, because barring poor workmanship or fraud or such you have not mentioned, it appears to me that (possibly due to a misunderstanding about contracting) you would be considered "at fault" in this dispute.


If you want to expand on your objection to the additional people, you can respond back using the Answer This Question yellow button right below your question and I will try to give you a better answer based on a more complete understanding of the issue.

Answered 1 year ago by LCD




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