What are my rights if a contractor dropped a job that I had a contract for them to perform?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if a contractor dropped a job that I had a contract for them to perform?

I scheduled HVAC replacement with a contractor by phone. He gave me price and unit info by email. I accepted his offer and an installation day has been set. A day before installation, he changed the unit without asking me (no consent from me) and just told me I would be getting a different one because the manufacturer doesn’t make it anymore. It was still OK. I asked about thenew unit and he explained about it by email. However, a few hours before installation he texted me saying he was cancelling the installation because I asked too many questions and he thinks we are not good match as a customer and a contractor. Can I sue him?

Asked on June 11, 2012 under Business Law, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although you could sue for breach of contract, it is not worth pursuing because of the issue of damages (monetary compensation you are seeking in your lawsuit).  You haven't paid the contractor since he has cancelled.  You are inconvenienced by having to find another contractor and another HVAC unit; however, unless those costs are substantially more than what you would have paid the first contractor, your damages would be nominal.  Also, you will need to mitigate (minimize) damages by finding a replacement contractor whose charges are comparable to what you would have paid the first contractor and a comparable HVAC unit.  If you don't mitigate damages by selecting a contractor who is much more expensive than the original contractor and/or a much more expensive HVAC unit, your damages will be reduced accordingly.  Considering these issues and the cost of litigation, it is probably not worth pursuing.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption