When a Contractor Takes the Deposit and the Work Never Gets Done

Ayala Law is happy to announce that it has successfully negotiated a full recovery for our client involved in its dispute with a custom carpentry contractor. Our client hired a professional carpentry contractor to build custom cabinetry for his Miami property costing tens of thousands of dollars. However, despite paying the full deposit and having a set timeline within the agreement for when work was to be commenced and completed within weeks, more than six months past the agreed date, the products had still not been constructed.

Attorney Gabriel Sierra, Esq. was able to negotiate a full recovery for our client in a matter of weeks, displaying Ayala Law’s focus on agile legal solutions and pragmatic thinking to solve legal disputes swiftly, rather than prolong them whenever possible. About the result Attorney Sierra stated, “Construction projects often involve several concurrent deadlines which depend on each other, we are happy with this result mainly because it allowed for a quick win for our client that allows him to move on without further delays.”

This situation highlights an all-too-often seen situation when dealing with materialmen or other contractors in construction projects. Below are the steps that we believed are most effective.

1. Start With the Contract

Our client’s agreement shows why reading the fine print matters. It set forth a specific timeline and also provided an order of operations when handling dispute resolution, including written notice, direct negotiation, and mediation preceding a lawsuit.

2. Document Everything

In a case like this, the paper trail is the case: the date the deposit was paid, the promised start and finish dates, and every message about delays. Our client paid the deposit, and the promised dates were easy to calculate, which gave us a clear timeline of the breach.

3. Know Your Potential Claims

The demand on behalf of our client asserted several claims: breach of contract, unjust enrichment, promissory estoppel, violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), as well as fraud in the inducement.

Not every claim carries equal weight. Pleading claims in the alternative preserves your options while the facts develop.

When to Call an Attorney

If a contractor has your deposit and your deadlines have passed, don’t wait. Evidence is fresher, and contractors are often more open to resolution early.

Ayala Law represents clients in real estate litigation, contract disputes, and related business matters throughout Florida.

If you have discovered potentially undisclosed property damage or are facing a dispute involving a real estate transaction, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208.  

You can also contact our team directly at: [email protected]                                   

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].