Remodeling job not yet started - says I must forfeit deposit

[jofficer]

My wife and I recently started a project to remodel a room that (we learned after the fact) was once a sun-room converted to a bedroom. So that I'm clear, I completed all the demolition work, and we had quotes provided for drywalling and additional finish work.

Long story short, we accepted a quote and provided a deposit. Unfortunately, prior to the contractor beginning any work, we realized that additional work would be required prior to any finish work. Specifically we wanted to purchase new windows, which would require new framing to the interior walls. It's a long story...

At any rate, we contacted the contractor immediately and asked him NOT to purchase any materials and that we would be placing the project on hold. The contractor admitted that he had already cashed the check (no surprise) but had not yet purchased any of the supplies (this was literally a next day call from original signing and deposit provided). In addition to asking the contractor to place our project on hold I made it very clear that I was no longer interested in the trim work as quoted, specifically due to the lack of options he could provide (he kind of rushed us into a decision on the trim). But again, seeing that we called him next day after signing it was impossible for him to place an order and we wanted to skip the trim work altogether. Quite simply, we wanted to the project on hold and he agreed NOT to purchase any materials or continue with scheduling until he heard back from us.

I received a call today from the contractor asking for an update, and specifically when he could continue the work. I explained that we are not yet ready to continue as we don't have replacement windows purchased, as well as the new framing work complete. I mentioned that in addition to the additional postponing of the project we may have to cancel the project as other things have come up. He immediately mentioned that he already purchased all the supplies, including the trim, and said that he was ready to complete now. When I pressed about the trim he said he didn't remember me saying anything to the like of not wanting the trim. Additionally, he attempted to warn me that any attempt to cancel the project would result in forfeiture of the deposit.

Now, I KNOW he did not mention anything like this to me when we signed the contract. Additionally, I reviewed my signed copy of the quote and it does NOT mention anything about a deposit being forfeited.

With all that said, I spent a few minutes searching Wisconsin law (well .. a somewhat feeble attempt at searching) and I cannot find anything that says I would forfeit any deposit...

At this point, my wife and I don't want to deal with this contractor at all and I'm completely opposed to turning the other cheek and losing my deposit. We truly do need the funds for items that are taking precedence, so I plan to ask for a complete refund.

Anyone have any advice on this?

He legally can normally make you forfeit a reasonable deposit, to compensate him for time and costs and other projects he did take etc.

That's a sad part of trusting an unreliable renovation company.



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Renovation Company in Vancouver
www.olmani.ca

sue him in small claims. You will likely get a judgement, but collecting may be a problem, but agencies are available for that with a tariff charge.