Can I sue somone who never finished their proposal?
Question Details: I recently found a contractor online to replace my pool liner. He wrote me up a proposal for the job and I gave him a deposit. He then put in the liner and replace the skimmers and one of the jets. He also fill my pool with water halfway. I gave him the rest of the remaining balance. He said that he needed another part for the rest of the pool to be and in a week when he get the part he will come back and install the second jet. Now it has been over 3 weeks and he hasn't came back to finish the job that I paid him for. I believe that he drill one hole into the liner that wasnt align with the jets. Now my pool is not done and probably the new liner is wasted due to the hole he drilled. I have called and tried to contact him numerous times and no luck. What should I do?
If he did not finish the work he agreed to do and for which you paid him, you can sue him for "breach of contract." You can sue to get back the greater of 1) the amount you paid, but for which he did not do the work (e.g. if he did half the contracted for work, you can recover half the money) or 2) the amount it would cost someone else to complete and/or correct the work. He is legally obligated to do what he agreed to do and may not keep your money without completing the agreed-upon work. If the amount involved is less than the limit for your state's small claims court, suing in small claims, as your own attorney or "pro se," is the fastest and most cost-effective option.