Legal Question in Civil Litigation in Texas

Contract with Laborer Broken - No Refund of Deposit

I contracted a person/company to install new windows in my home with an estimated delivery & installation date of 2 to 3 weeks from signing the contract and giving a $2K deposit. After several weeks of waiting and countless excuses, a delivery date was set (2 months later). The delivery never occurred as I received a phone call the morning of proposed delivery to say the goods were damaged on the way to delivering them. I then cancelled the contract and asked for the return of my $2K deposit. I was promised immediate return of funds but, to-date, have no returned money and no returned phone calls. How should I proceed in order to recive my deposit back ...?


Asked on 7/19/05, 12:56 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: Contract with Laborer Broken - No Refund of Deposit

Now is the time for you to show up on the vendor's door step with a demand for your money. I smell a rat. It may that this company is about to go under. If so, you may be able to mitigate your damages, by picking up windows that are acceptable, and accepting a lesser refund for only the cost of installation. You may need to take carpenter with you to help make the deal so that you can get away from these people as fast as possible. Of course, there always is the possibility of a lawsuit, but try to salvage the situation as best as you can now.

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Answered on 7/19/05, 1:13 pm


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