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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default Return of Deposit on Service Contract

    My question involves the return of a deposit on a service contract in the State of: Florida

    I am a decorative concrete contractor in Florida. I have a client who signed a contract to have a stamped concrete porch installed. He gave me a deposit for $830 on a credit card , the balence was $1800. Three weeks later he informed me on the day the job was to start that he did not want us to do the work. The reason given was that I was late in returning a call by 3 hours. He wants his depsit back. I told him we would come out to perform the work, but he just got very angry. I told him we had a contract to perform the work and would start that day. I told him we have cost in the project in the product for his job and the loss of work for the 2 days that could have been given to a different client. Then I told him I would send him Half of his deposit back. He said yes, 3 days later I get a dispute form from the credit card. So I sent the information to the credit card copany to explame the issue. This has taken 2 weeks, in which I did not want to send the 50% back incases he gets his money back from the crsdit card. The card company just sent a letter in my favor. Two days later I get a letter from his lawyer asking for the full deposit and his legal fee's. I want to send the 50% he agreed on the phone with me. Can he demand a full refund because he wants to breach the contract?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Return of Deposit on Service Contract

    he can demand anything he wants.



    You have money in this job. Unless there is such a clause that would allow him to voif the contract for the phone call situation, you are entitled to your costs, if nothing else. I would have to research things but you may very well be entitlled to your lost profit as well.

    Since you are in business, you need to have a good relationship with an attorney. You should not be doing business in todays world without legal counsel on the proper way to do things (like word a contract to allow for you to recoup your expenses in a situation such as this one) as well as a million other qeustions you probably have.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Return of Deposit on Service Contract

    Quote Quoting jk
    View Post
    he can demand anything he wants.



    You have money in this job. Unless there is such a clause that would allow him to voif the contract for the phone call situation, you are entitled to your costs, if nothing else. I would have to research things but you may very well be entitlled to your lost profit as well.

    Since you are in business, you need to have a good relationship with an attorney. You should not be doing business in todays world without legal counsel on the proper way to do things (like word a contract to allow for you to recoup your expenses in a situation such as this one) as well as a million other qeustions you probably have.
    Thank you for you answer. If you see anything that might applie to this matter let me know.

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