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What's t are my rights as a Florida contractor when a client backs out of a written contract regarding deposit money

Delray Beach, FL |

The client backed out of a contract with me after I submitted for permit and purchased material for the job and placed it on site and then had to return it all. This client wants a full refund and I want to know what my rights are regarding this.

Attorney Answers 2


If client has no agreed right to back out, the client is repudiating the contract. You may be able to sue for your lost profits. That's generally why you take deposits--to have something that will at least partially cover you if client backs out.

The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.

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You may have rights under your contract and you may have rights to file a mechanics lien against the property. Read your contract to determine what, if any, right your customer has to back out at this point. Your contract may specify what damages you may recover when this happens. If its silent, you should seek recovery of all costs you incurred to pull permits, buy, deliver and return materials. If you are holding a deposit, you may be able to offset it to reimburse yourself for allowable damages. You will want to review this all with a lawyer who will review your contract, explain your lien rights and then send the appropriate demand letter to your customer to refute their demand for a refund and assert your rights and demands resulting from the customer's breach.

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