Siding Contractor No show, refuses to return deposit (Illinois)

4 Replies

A contractor hired to replace siding in a relative's rental didn't show up. My relative requested her deposit back and they refused. They made the mistake of handing over the 1st half of the insurance check which totaled almost $11k, to expedite the work, but they didn't show.  Now the contractor wants to keep $3k for "canceling" the contract. The contract has a "canceling fee" section, but she didn't initial it. This is going on a year. reported them to BBB and to the Attorney General's office (which they are completely useless btw). And she's reached out to an attorney (but not much has happened). Is there anything else she can do to make this company give her back her money? Not sure if going to trial will be worth it (as this exceeds the $10k limit for small claims). Can anyone recommend an attorney that maybe can get this resolved quickly for a reasonable price? Isn't the bond company now responsible for repaying the money? 

Any help and suggestions would be appreciated. Thank You.

(Also, not sure what the legality rules are about mentioning this company by name, but definitely don't want anyone else being ripped off by them so if you know how we can help BP and other folks avoid them please let me know.)

Have the attorney send a final letter then initiate court proceedings. 

Originally posted by @Andrew Kerr :

Have the attorney send a final letter then initiate court proceedings. 

 Thank you Andrew Kerr. May just have to take that route.

Just take the contractor to small claims court and sue for the $10k limit. Small claims court is easy and you don’t need an attorney. Sure, you could hire an attorney and sue for the full $11k, but probably isn’t worth it because you’ll almost certainly end up paying more than $1k to the attorney. So you're probably better off handling it yourself in small claims court. 

Originally posted by @Kyle J. :

Just take the contractor to small claims court and sue for the $10k limit. Small claims court is easy and you don’t need an attorney. Sure, you could hire an attorney and sue for the full $11k, but probably isn’t worth it because you’ll almost certainly end up paying more than $1k to the attorney. So your probably better off handling it yourself in small claims court. 

 Hmmm, That is such good advice. Thank you Kyle. Tunnel vision had us looking at it the wrong way. I will let her know. I'll buy you lunch when we resolve this.

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