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Question DetailsAsked on 3/17/2018

How long do you have to give your contractor to do a job before you should take it to court.

I hired them to put a roof on my house and it's been 3 weeks. He keeps saying he'll be here at a certain time but never shows when he suppose to. I hired him before and trusted him. He made a receipt of what he needed and called and got the price on the materials, I trusted him and payed up front because he said he would start right away. It's been 3 weeks and he's only dropped of half of the materials. Is there a time period you should wait before going to small claims court.

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1 Answer


Do you have a written contract with a performance date ? If so and he has not met it, then you can send him a certified mail, return receipt, signature required letter either telling him he has X business days (say maybe 5 - less if this is an emergency reroof) to commence work, or you can tell him because of his non-performance under the contract you consider him in default of the contract so are cancelling it and demand your deposit back.

If no firm performance date was set, then state in the letter that because he has repeatedly failed to meet his promised dates (and document what dates he promised and the date he promised them), that if he does not complete the reroofing within X business then .... as above.

Because he bought and delivered materials, you are not likely going to get your deposit back without a fight - in which case you call his Bond to have the bonding company to complete the job per contract, or to refund your money and they get the money out of the contractor.

Court would normally be a last resort.

Here is one previous similar question with answer which might be of interest to you.

If he does not proceed with and finish the job per contract, since materials were bought, you need to be sure to get a signed contract cancellation and signed lien releases both from him, and from the materials supplier in case he did not pay them.

Answered 2 years ago by LCD

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