Duane D. Graw

Contractor for renovation services was terminated pursuant to contract, but contractor refuses to refund deposit per terms of contract.
On October 8, 2013 contractor and The Trust for Public Land signed a Professional Services Agreement which required contractor to renovatean office space for total price of $15,783.00. The Trust for Public Land paid contractor a deposit of $5,524.05 which the contractor received on October 25, 2013. The Trust for Public Land informed the contractor that the renovations could not begin until the landlord signed a lease for the office space. The landlord for the office space (which frequently works with the contractor) leased the space to a different tenant, and The Trust for Public Land terminated the Professional Services Agreement pursuant to paragraph 3(b) of the agreement in a letter dated November 15, 2013. The contractor verbally has refused to return the deposit, stating that he gave up other work during the period that he expected to perform the work. The Trust for Public Land offered to pay him a reasonable hourly fee for the time he spent inspecting the site and planning for the renovation, but has not received any verbal or written response. Paragraph 3(b) of the Professional Services Agreement provides that The Trust for Public Land has the right at any time and in its sole discretion to terminate the agreement and that Contractor shall stop work immediately and that The Trust for Public Land will pay for work performed to date (and that the Trust for Public Land is not responsible for any work done after termination).