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  1. #1
    Join Date
    Aug 2020
    Posts
    1

    Default Contractor Non Perfomance

    My question involves a consumer law issue in the State of: New Hampshire

    In mid June we signed a simple contract for gutter install based up the contractors verbal commitment to start early July. The contract stipulated all deposits are non-cancellable and non-refundable. Mid July we asked him For the start date and he said “best guess beginning of August. August 3rd we asked and was told “no idea at this point”. We started putting pressure on him for a commitment. On August 8th he said he would look into it next week. We heard nothing back. On the 15th we asked for our deposit back and told him we would find another contractor to do the work. He respond back “there will be no refund...there was never and will never be a date or time...”. Do we have any recourse?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Contractor Non Perfomance

    Unfortunately, NH is one of those states that do not license contractors at a state level. You can file a complaint with the NH Consumer Protection Bureau for all the good that will do you.

    https://www.doj.nh.gov/consumer/complaints/index.htm

    Also check with your city or county to see if a local license is required and whether he has one.

    You can sue him but, even if you win, collecting from scammers is often problematic.

    But, bottom line, I think you may be kissing your money goodbye.

    Life lesson from the school of hard knocks: Never give any contractor or workman any money up front. Always pay on completion, even you you have to buy the materials yourself.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Contractor Non Perfomance

    Quote Quoting adjusterjack
    View Post
    Unfortunately, NH is one of those states that do not license contractors at a state level. You can file a complaint with the NH Consumer Protection Bureau for all the good that will do you.

    https://www.doj.nh.gov/consumer/complaints/index.htm

    Also check with your city or county to see if a local license is required and whether he has one.

    You can sue him but, even if you win, collecting from scammers is often problematic.

    But, bottom line, I think you may be kissing your money goodbye.

    Life lesson from the school of hard knocks: Never give any contractor or workman any money up front. Always pay on completion, even you you have to buy the materials yourself.
    While I agree in theory, it may be difficult to find any contractor who will agree to do a job without an upfront deposit. Deposits are standard in the industry. I do agree however, that buying the materials yourself could be a valid way to get around that. However, you might end up paying a bit more for the materials than your contractor would.

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Contractor Non Perfomance

    Quote Quoting KarenO
    View Post
    . On the 15th we asked for our deposit back and told him we would find another contractor to do the work. He respond back “there will be no refund...there was never and will never be a date or time...”. Do we have any recourse?
    Tell your contractor that he either starts the job in the next two weeks or returns your deposit. And if not you will sue him under The Consumer Protection Act of NH and he will lose and have to pay your attorney fees.

    https://nhlegalaid.org/self-help-gui...protection-act

    How much did you give on deposit?

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