Seeking advice on legal action against contractor

Seeking advice on legal action against contractor

Rental Property Investor · Bartlett, TN · Member since 2016 · 13 posts · 5 votes

I'll try and keep this short and sweet (once this project is over, I'll spill all of the gory details)...

Working on a flip, signed a contract with a GC (great reviews with BBB and online)......paid him some $ up front.  GC proceeded to give many excuses and not do any work.  GC finally said he is giving the project back to my realtor and will return my up front payment. Ok, no problem.....works for me.

After many emails / phone calls and weeks go by, still no money back.  I start checking in with local lawyers (did I mention this was an out of state project?), contacted a few and one called me back.  Had an initial conversation, I told him I would keep thinking about it (bringing legal action)....he followed up 1-2 weeks later and being frustrated, I went ahead and signed up with them (and gave a retainer fee).  Again, great online reviews with lawyer.

So, it's been 2 weeks and I haven't heard a peep from the lawyer....am I being overzealous to expect something to have happened by now (e.g. lawsuit filing, etc.)?  As we were having our conversation when I signed up with them, he asked for a copy of the GC contract (which I provided immediately). 

If you can't tell already, this is the first time I've ever had to do something like this.....am I crazy to wonder why I haven't heard anything / received no response from the lawyer yet?  Just as a FYI, I did follow-up with them a few days ago.

Any perspective would be appreciated.  Thanks.

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  • Investor · Las Vegas, NV · Member since 2012 · 119 posts · 104 votes
    8y

    Many attorneys do not feel the need to communicate unless something has happened in the case. Small issues often get bumped to the back of the line. I would call the attorneys office and ask two things:

    1 - How do you typically communicate with your clients? I understand I am a very small client but this issue is a big deal - daily - in my life and I really need help quickly. 

    2 - When should I expect an update on the status of the case, any letters of demand that have been sent or lawsuits that have been filed?

    A demand letter should be sent before a lawsuit is filed.

    I would also try reaching out to the contractor again and let them know you would really like to resolve this without a lawsuit, all he has to do is return your money which he is not entitled to keep without doing timely work.

    Finally, are GC's licensed in your state? If so contact the license board. Contact the BBB with your complaint as well.

    Hope this helps!

  • Rental Property Investor · Norfolk, Va. · Member since 2018 · 72 posts · 56 votes
    5y

    Hey Chris, I would love to know how this turned out. Did you end up posting the "gory details" in another post? If not, it would be great to see a followup post. 

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