Legal Question in Consumer Law in Maryland

Re: Unfinished Deck, Contractor AWOL

You should consult with, and retain, an attorney as soon as possible.

I will assume that you have a written agreement with the contractor, which indicates what is supposed to be done; when it is supposed to be completed; and when the payments are to be made.

Since the contractor did not finish the job, you have a strong argument to withhold the final payment. Again, it depends on the circumstances and on what your contract actually says.

Further, it is possible that you have a claim for reimbursement against the contractor for monies already paid, to the extent what you paid may exceed the value of what the contractor provided.

You may also have a claim for damages for breach of contract. Damages may include your costs to pay another contractor to come in to complete the contract, if the original contractor is unwilling or unable to complete the job.

I strongly suggest that you take photographs of the work completed to date to bring with you for your initial consultation with your attorney.

Your attorney might send the contractor a certified letter with a demand for performance, giving the contractor one last chance to complete the deck before taking formal legal action on your behalf. If the contractor does not respond to this, it may be necessary for you to file a lawsuit to resolve your legal rights and responsibilities.

One thing to be aware of and to be very careful about in this type of situation is the danger of a "mechanic's lien." Even though you believe the contractor may be in the wrong, in the event of a payment dispute with a homeowner, the contractor may attempt to file a mechanic's lien against your property. An attorney can help you anticipate and attempt to deal with or prevent this type of situation from occurring.

If you wish to contact me to discuss retaining my services on your behalf, I can be reached at:

[email protected] or [email protected].

Re: Unfinished Deck, Contractor AWOL

Go to the web site of the Maryland Home Improvement Commission, which will show you how to file a complaint. http://www.dllr.state.md.us/license/occprof/homeim.html