The 50% Deposit and the Vanishing Crew
A homeowner signs a one-page proposal for a $38,000 landscape project: patio, retaining wall, irrigation, plants, and sod. The proposal states a total price, a 50% deposit, and "balance due at completion," but no start date, completion date, payment schedule, change-order process, warranty, or registration number. The homeowner pays $19,000. The contractor demolishes the old patio and delivers stone, then stops work for three weeks. The homeowner cannot reach the owner; crews say they have not been paid. The homeowner sends a written demand to finish or refund, then files a Board complaint. The contractor responds that the homeowner "changed her mind" about a plant and that the deposit was nonrefundable. There is no signed change order, no written notice of delay, and no evidence the contractor is registered. The homeowner has photos, the proposal, payment proof, and text messages.
1. Identify the likely Chapter 89D and code-of-conduct problems in the contractor's conduct.
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The $38,000 project meets the registration threshold, so the absence of registration is a threshold problem if confirmed. The one-page proposal also lacks core contract disclosures: the registration number, a defined scope, start and completion dates, a payment schedule tied to progress, a change-order process, warranty terms, and a delay or dispute procedure. Stopping work for three weeks without written notice and calling the deposit nonrefundable while blaming a plant change without a signed change order suggest abandonment and unfair dealing. The contractor's response also mischaracterizes an oral discussion as a change when no written change order exists. These facts support a code-of-conduct complaint independent of the homeowner's payment dispute.
2. What can the Board do, and what must the homeowner pursue separately?
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The Board can investigate the registration and conduct allegations, request records, issue a cease-and-desist order, impose discipline such as a reprimand, penalty, suspension, or revocation, and seek an injunction against unregistered practice. The Board generally does not award the homeowner damages or order a refund; those are civil remedies. The homeowner should preserve the proposal, payment proof, texts, photographs, and any demand letters, and pursue a civil claim for breach of contract, refund of the unearned deposit, completion costs, and any property damage. The homeowner may also check whether a construction lien or supplier claim has been filed. The Board process and the civil process can run in parallel, but they serve different purposes: public protection versus compensation.
3. What contract and business practices would have reduced the risk?
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A proper written contract would have stated the registration number, detailed scope, start and substantial completion dates, a progress payment schedule instead of a large nonrefundable deposit, a written change-order procedure, warranty terms, delay notice requirements, and a dispute-resolution clause. The contractor should have billed for delivered value, not a 50% upfront deposit, and should have documented any plant substitution with a signed change order before stopping work. If a delay was unavoidable, written notice and a revised schedule would have preserved credibility. The homeowner should have verified registration and refused a one-page proposal with no schedule or change process. These practices reduce Board complaints because they create a paper trail and prevent disputes from turning into abandonment claims.