Paving Contractor didn't complete job

Russinko

New Member
Jurisdiction
New Jersey
At the end of February 2017 I received a quote from a local well know Paving Contractor with great reviews. Verbally he stated that it would be 1 -1 1/2 day job and he would get the permit. He stated he works all year round in all types of weather.
The beginning of April I signed the contract that only had measurements & pricing and gave a 50% deposit as requested. April 27th I received a phone call that they would like to come the next day. I agreed and took off of work. On April 28th they arrived in the afternoon and dropped off a machine without saying a word. They came back a few hours later and tore out the old driveway. The owner said he would be back Monday to complete the job. I agreed and took off of work Monday May 1st. They were a no call/no show. I called the office and left a message. Didn't receive a call back. Over the course of 3 weeks, I left 4 messages. 2 on the machine - 2 with the secretary. No response. My stepfather called (thought he might answer a man). No response. I became aggravated and goggled the owners name. He was cited for illegal dumping and paid fines the same time I gave him my deposit and he was arrested for DWI, assault on a PO, and made racially charged threats at the hospital. Now knowing his character, I called the office again. A young man answered the phone and told me that he was very sorry for the owners actions and he only worked there for a week. He told me that the owner blew off my job to take on other jobs. That evening I called my zoning officer and asked about the permit. The company never applied for one. The zoning officer called the paver and he said "oh yeah, that job. Ill get to it when I get to it'. I called the PD to file a police report. Next day, finally received a VM from the owner and he said 'calm down - I got you'. He said 'I was going to come today but they were doing the roads and stuff so I don't think it was a good idea'. He also stated he was too busy with other jobs and I just have to wait. He promised to have it finished that week. A week later on 5/31 he still did not come back. I left a message at this office and a text message to his cell telling him he was no longer allowed on the property without permission and would appreciate a refund so I can go somewhere else. He then promised to come back that Friday (6/2) or Tuesday (6/6). No call, no show. I messaged him today to tell him that I will be following through with small claims or he could just reimburse me. He went off the deep end and demanded that he was completing the job, it's not his first rodeo, nobody speaks to him like that, and that I will be sorry. He also said he will sue me for defamation of character if I post any reviews. Within minutes of that text he was at my home in a huge black pickup reving his engine, staring and blowing his horn over and over. He finally left.
So - what are my chances on getting back my deposit? If I have no chance, should I bite the bullet and let him get away with it? I have saved everything I could, but this guy is crazy. Am I obligated to complete the contract?
 
You might have been victimized by a scammer.

It would seem the scammer broke the contract.

As to whether you receive any money back, doubtful at best.

Never give any contractor half of the money before the work is done.

It might be time to file a formal complaint with law enforcement.

Another option is with the licensing agency for paving contractors, if your state licenses them.
 
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