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InquiringMind_cg

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About InquiringMind_cg

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  1. I have a small handyman/construction/remodeling company. In my contracts, I stipulate that any deposits made are nonrefundable. I do this because of the need to purchase materials and such in the preparation for any particular job, and if the job falls through for whatever reason, I am not out of the money I have expended to date. Recently, after bidding a sewer repair job for a client, the client signed the contract and offered to pay a substantial deposit because she had the money right then and there and didn't want to "spend it on something else" as she said. I accepted her deposit and began ordering materials and planning for the job. However, each time I contacted the client to begin the project at her home (it was both an internal and external job), she had a reason for delaying the start date. This happened several times over the course of several weeks. I kept in communications with her via phone, text and written letters expressing my concern that we really needed to begin the work and were just waiting on her ok to do so. Now, the client wants to cancel the contract and get her deposit back. Since I stand by my contract that clearly states no deposits are refunded, she has hired a lawyer to get her full deposit, along with attorney fees, back. Since it is clearly written in the contract that any deposits made are non-refundable, and she signed said contract, what legal basis does she have to get all, or any of her deposit back?
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