What should I do if my contractor never showed up for installation?

Full question:

I paid a $1000 deposit to a guy to purchase and install central air in my house, with $200 remaining to be paid upon installation. We agreed on a time for installation, but he never showed up, nor has he called or returned my calls. I have a written contract. He is from Michigan; I'm in Indiana. What am I looking at?

• Category: Contracts
• Subcategory: Breach of Contract
• Date: 04/07/2025
• State: Indiana

Answer:

If you want to take legal action, you need to consider jurisdiction and contract law. Since the contractor is from Michigan and you are in Indiana, you may have to sue him in Michigan unless he has sufficient contacts in Indiana. This is determined by whether he could reasonably expect to be sued in Indiana based on his actions.

To establish personal jurisdiction over an out-of-state defendant, Indiana's long-arm statute requires that the defendant have minimum contacts with the state. These contacts can be general (systematic and continuous) or specific (related to the incident). A written contract may help establish these contacts, especially if it includes a forum selection clause.

If you decide to pursue a breach of contract claim, remember that a breach occurs when one party fails to fulfill their contractual obligations, causing the other party to suffer damages. Remedies for breach of contract typically include:

• Money damages: Compensation for financial losses.
• Restitution: Returning the injured party to their pre-contract position.
• Rescission: Terminating the contract.
• Reformation: Modifying the contract to correct inequities.
• Specific performance: Compelling the party to fulfill their contractual duties.

It may also be worth exploring the concept of promissory estoppel, which can apply if you relied on the contractor's promise and suffered harm due to that reliance.

For further assistance, consider consulting a legal professional who can provide guidance based on your specific situation.