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Contractor not building the house after getting 50% downpayment

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Arresto Menor
Hello, need your advise and help.

I paid 50% of the total contract price for the construction of my house in April 2016.
It's already November, and the only thing that the contractor has done was the excavation.

They have admitted verbally that they have used our money to fund other projects. Unfortunately, they werent able to secure new projects which resulted to this delay or non completion of the project.

What case should I file against the contractors?
Can I file estafa? or is this just a breach of contract?
How will I recover my money?

Please advise.


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