Contractor Left Material After I Got Reimbursed - What to Do with the Material

[socialnet01]

My home improvement contractor took $5500 from me. He spent $1500 to buy material and delivered it on my property. He never started the project and no longer communicating with me for over 2 months. My credit card company returned me $5500 because he bought low quality material. Although I signed a contract, contractor never gave me my copy of the contract. My question (1) what kind of letter I need to send so that I can sell/use the material if the contractor does not pick up those? (2) How much time should I give him? (3) if he does not receive certified mail, what to do?

[jk]

first, if you were refunded the entire amount paid, you have no claim to the material at all.

as to how long you must wait to consider it abandoned or any required actions you must take and then what you may be able to do with the material, since you did not include the state (as you were prompted to), nobody can give you an answer.

[socialnet01]

@jk, Thanks for your reply. I live in Massachusetts.

[Who'sThatGuy]

It's not your materiel, the material belongs to the contractor. You were refunded (in full) by your credit card company. the credit card company then took the refunded money out of the contractors account.

The contractor will then come back for his material. And when he doe's, he would expect it to be there, or else he will sue you for the money he spent.

Why would you sign a document and not retain a receipt?

[socialnet01]

I understand that it's not my material and I am not planning to claim it. The problem is it's occupying my driveway and garage space (30ft by 4 ft by 3 ft space). To me it's logical that I will not let it sit there for an indefinite time period. My question is what step I should take to notify contractor that he should take the material within a specified time period, otherwise the material will be considered abandoned and I can do whatever I want to with the material after that time period. Is there any particular format that I should follow to write a letter? (I have already sent him a 30 demand letter (93A demand letter))

[jk]

socialnet01;627368]I understand that it's not my material and I am not planning to claim it.

really. What I read in the first post sure sounded different:

(1) what kind of letter I need to send so that I can sell/use the material if the contractor does not pick up those?

both of those actions are you claiming it.

The problem is it's occupying my driveway and garage space (30ft by 4 ft by 3 ft space). To me it's logical that I will not let it sit there for an indefinite time period. My question is what step I should take to notify contractor that he should take the material within a specified time period, otherwise the material will be considered abandoned and I can do whatever I want to with the material after that time period. Is there any particular format that I should follow to write a letter? (I have already sent him a 30 demand letter (93A demand letter)

I am having difficulty finding any specific statute applicable to this type of situation. As such, I cannot find a specific action or time limit. I would suggest at a minimum 30 days and that is only after you have sent a certified letter giving him notice of an actual date you intend to consider the material abandoned.


You might also contact the supplier the material was purchased from. If the contractor did not pay for the material, they may have a right to it. You need to be aware they might also have a right to place a lien against your house if the material has not been paid for. Arguably you could defend the lien as the material was not used for your house but it would add another level of complexity and need for action.

[socialnet01]

Thanks for the useful info. Sorry for not clarifying my position in the original post.