How can I recover the deposit for work that was not done?

[bradhouser]

My jurisdiction is: California

A licensed contractor gave me a bid for paving my driveway in 2003, and I wrote a check for $2200 as a 10% deposit. The contractor never did the work, and would not return my calls. Can I still sue for the deposit, or has the statute of limitations run its course?

 

[Michael Wechsler]

you can sue. It's up to the defendant to plead a statute of limitations defense. One might argue that you decided to sue only when it was clear the breach of contract occurred and that you knew that the defendant wouldn't honor his obligation.