Contractor breach of contract in Pennsylvania

[Jeff Lehman]

Hello everyone,

I'm looking for a little advice in dealing with a contractor. I hired a guy to do some concrete work on a wall that I have at one of my rental properties and he initially gave me a start date of 30 days after we signed the contract. The start date is written on the contract. When the time came and went and he had not started, I contacted him and he gave me another date. Because I know it is hard to hire people and I knew he was looking for help, I was gracious and told him that would be acceptable. However that time came and went as well and I started to get a lot of excuses so I asked for my deposit money back, which I probably should not have paid him up front. To make a long story short, I have been trying for over half a year to get my money back, without taking him to court. He doesn't appear to have any money to be able to pay me back. I have exhausted every option that I can think of without going to court but my issue is that I really don't want to pay a lawyer because even though I can very likely make him "pay" my lawyer fees, if he doesn't have any money, I would be at the same place we are now. And I will have spent lawyer fees that I may never get back top of a deposit that I may never get back. Have any of you ever dealt with a contractor in court, on your own? If so, what advice would you have? Do you know what the procedures are? Especially if I have to place a lien against him. Thanks in advance!!!

[Bruce Woodruff]

Lots of stuff wrong with your story here....

1) Never pay before the work starts.

2) You're probably talking Small Claims Court here, where lawyers are not needed, or usually even allowed.

3) You don't put a lien on a Contractor, they put a lien on your house.

Questions - How much $$ are you talking? Is this 'Contractor' licensed? Have you called the State License Board yet?