Full question:
I have a customer that I have done renovation work in the past and had no problems with price agreements. This particular project I am currently working on has become dragged out too far. She has had other contractors give their opinion. I was asked to wait for her to make another decision after another. She has delayed this project so far on her own and is putting the blame on me. She has someone else doing parts of the original signed contract due to remaining time frame and continues to make changes in the work and requests alterations in the contract price. She gave me a deposit to replace wood flooring with prefinished flooring and now has changed her mind again to do tile instead. She know wants the deposit back although I have time vested in this part of the project as well as time writing all of the (7)Seven revised/changed orders. What are my legal rights with this customers actions?
- Category: Contracts
- Date:
- State: New York
Answer:
Your rights regarding the deposit are primarily governed by contract law. Review your contract with the customer to understand your rights and obligations. If you have a written agreement, it will outline these terms. In general, a contract is a legally enforceable agreement that establishes obligations for both parties.
In cases where a contract is breached, you may have various legal remedies available. A breach occurs when one party fails to fulfill their contractual duties, which can lead to economic damage for the other party. Remedies for breach of contract include:
- Money damages: Compensation for financial losses due to the breach.
- Restitution: Restoring the injured party to their position before the contract.
- Rescission: Terminating the contract and relieving both parties of their duties.
- Reformation: Modifying the contract to correct inequities.
- Specific performance: Compelling a party to fulfill their contractual obligations when monetary damages are insufficient.
In your case, if the customer is requesting a refund of the deposit after making changes, you may argue that you have already invested time and resources into the project, which could justify retaining the deposit. If the customer has delayed the project and altered the scope of work, this may also impact their right to a refund. Consider consulting with a legal professional to explore your options further.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.