Contractor bait and switch

[Wilhelm]

Jurisdiction

Pennsylvania

I recently entered into an agreement with a design/build company for home renovation purposes. The company is self-proclaimed "all-in-one" solution for home renovation, handling both design and actual construction. The owner is a licensed contractor, touting this fact in discussions and on their company website. Before entering into a contract, I disclosed my approximate budget for the entire project, let's call it B. The contract required a retainer to be applied toward future purchases as part of the project and stated that it was non-refundable. It took months after entering into this contract to receive a quote for the work, which totaled over 2 x B. After this, I requested that my retainer be returned but the contractor is adamant that the retainer is non-refundable. What options do I have if I have reason to believe I was misled into signing a contract while the contractor knowingly would produce estimates well over what I am willing to spend in hopes that I would just walk away?

 

[doucar]

I recently entered into an agreement with a design/build company for home renovation purposes. The company is self-proclaimed "all-in-one" solution for home renovation, handling both design and actual construction. The owner is a licensed contractor, touting this fact in discussions and on their company website. Before entering into a contract, I disclosed my approximate budget for the entire project, let's call it B. The contract required a retainer to be applied toward future purchases as part of the project and stated that it was non-refundable. It took months after entering into this contract to receive a quote for the work, which totaled over 2 x B. After this, I requested that my retainer be returned but the contractor is adamant that the retainer is non-refundable. What options do I have if I have reason to believe I was misled into signing a contract while the contractor knowingly would produce estimates well over what I am willing to spend in hopes that I would just walk away?

See a business lawyer and if he/she agrees with your assessment, pay their retainer and sue the contractor.
You may also post unfavorable reviews on their website, cheaper but most likely less effective.
And next time insist on a written contract before paying any money.

 

[Zigner]

How much was the "retainer?"
Did you get anything in writing when you paid?

 

[zddoodah]

The contract required a retainer to be applied toward future purchases as part of the project and stated that it was non-refundable. It took months after entering into this contract to receive a quote for the work

Why would you enter into a contract and pay a non-refundable deposit without knowing how much the contract price was going to be?

After this, I requested that my retainer be returned but the contractor is adamant that the retainer is non-refundable. What options do I have

1. Walk away from the contract and the deposit.
2. Proceed with the work in accordance with the contract.

Beyond that, it's impossible to know without reading the contract.

I have reason to believe I was misled into signing a contract while the contractor knowingly would produce estimates well over what I am willing to spend in hopes that I would just walk away

Even if you could prove that, you willingly paid a non-refundable deposit without having a fixed contract price. Obviously, we don't know what the contract or any of the relevant correspondence says, but the law generally does not exist to rescue people from the consequence of bad decisions.

 

[adjusterjack]

What options do I have if I have reason to believe I was misled into signing a contract while the contractor knowingly would produce estimates well over what I am willing to spend in hopes that I would just walk away?

None of that happened.

You just cluelessly signed a contract without considering the potential consequences of what you were signing.

The contractor did nothing wrong. He laid it all out in front of you on paper and you willingly signed it.