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Question DetailsAsked on 8/18/2017

The contractor delivered the materials for the patio, but hasn't come back can I keep the materials. are theyHis

Paid 1/2 the agreed price. He had materials delivered for the patio. Contractor never started the job, we are 8days past the start date. Keeps not showing up. We call him, he gives excuses and gets mad. He says the materials
are his. Until s judge says otherwise . If we paid and the materials cost about the same or less can't we just keep them and have another contractor do the job.

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1 Answer


Not yours legally - though if he will not return the deposit and haul them off you can put a lien on them, at least in most areas, and I wouldnot releaee them back to him without any refund due you being paid to you at the same time, and receipot of lien releases.

I would send him a written letter, certified return receipt signature required, demanding one of the following

1) the job be completed by X date or you will call his Bond to have the bonding company pay for job completion under the original contract price (to you).

2) that you consider him in default of the contract and demand your full deposit back, and he has X days (say 5) to make arrangements to recover the materials - in exchange for the refund and lien releases from him and his suppliers

3) that you have determined what you consider to be the fair value of the materials and offer to take possession of them in exchange for that much off the deposit - and send him an invoice showing the deposit amount, materials inventory, calculated value deducted, and remaining deposit amount due to you for him to sign and return.

In any outcome you should end up with paid-in-full or job cancelled invoices showing the funds disposition and zero balance due, and lien releases from the contractor and from any significant suppliers (whether or not he keeps the materials or you do), because you do not know if they were actuallyi paid for or not. Ideally you should get paid-in-full invoices or statements as well as the lien releases.

As for another contractor getting on the job - not while the first one is still under contract, at leat technically - otherwise you potentially get into a nasty situation of owing BOTH contractors for the job or having two contractors trying to do the same job.

Answered 3 years ago by LCD

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