Can I sue somone who never finish their proposal?

UPDATED: Oct 1, 2022

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Can I sue somone who never finish their proposal?

I recently found a contractor online to replace my pool liner. He wrote me up a proposal for the job and I gave him a deposit. He then put in the liner and replace the skimmers and one of the jets. He also fill my pool with water halfway. I gave him the rest of the remaining balance. He said that he needed another part for the rest of the pool to be and in a week when he get the part he will come back and install the second jet. Now it has been over 3 weeks and he hasn’t came back to finish the job that I paid him for. I believe that he drill one hole into the liner that wasnt align with the jets. Now my pool is not done and probably the new liner is wasted due to the hole he drilled. I have called and tried to contact him numerous times and no luck. What should I do?

Asked on April 22, 2019 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If he did not finish the work he agreed to do and for which you paid him, you can sue him for "breach of contract." You can sue to get back the greater of 1) the amount you paid, but for which he did not do the work (e.g. if he did half the contracted for work, you can recover half the money) or 2) the amount it would cost someone else to complete and/or correct the work. He is legally obligated to do what he agreed to do and may not keep your money without completing the agreed-upon work. If the amount involved is less than the limit for your state's small claims court, suing in small claims, as your own attorney or "pro se," is the fastest and most cost-effective option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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