What are my rights if I contractor hired to fix my kitchen but he will not be able to complete the kitchen within the time that the contract states?

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What are my rights if I contractor hired to fix my kitchen but he will not be able to complete the kitchen within the time that the contract states?

I hired a man to fix my kitchen. His contract stated that the kitchen would be done between 4 to 7 weeks. It is about to be 7 weeks and nothing has been begun. Last time I reached out by text asking when they would start and the lady that works for the company explained that he had been injured on another job and will not be able to give me a date of when he would do my kitchen. She claims that since they have pictures and evidence that he was injured that they have the right to not work on the kitchen until the doctor gives him permission to work. If they do not follow what the contract says, can I demand my deposit back.? Would that make them in breach of contract whether the man is injured or not?

Asked on May 21, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She is wrong: his medical issues or the company's staffing issues (e.g. no one else to do the work) are NOT your concern and do not all them to violate the contract or keep your money without permforming. If they will not agree to terminate the contract and return your deposit, sue them for "breach of contract" (violating the agreement about when the work would be completed) to get your money back.


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