What are my rights if a contractor dropped a job that I had a contract for them to perform?
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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 11 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.
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