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
thanks
phat
Khongabcgmail.com

Asked on March 28, 2016 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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