This one's different from a contractor who vanishes. This contractor is still around — you can call them, maybe even text with them — and the answer is just no. Sometimes it's "the deposit's non-refundable, that's what you signed." Sometimes it's "I already spent it on materials." Sometimes there's no reason given at all, just a refusal to send anything back.
A contractor who's reachable and arguing is a more manageable situation than one who's disappeared, but it still comes down to the same question: what was the deposit actually for, and did that thing happen?
A lot of contracts have a line saying the deposit is non-refundable. That language isn't nothing, but it doesn't automatically end the conversation either — especially if no work ever started, or the work that started bears no relation to the size of the deposit. A deposit is usually meant to secure materials and scheduling for a specific job. If that job never happened, what the clause was actually protecting is worth asking about directly, rather than treating the word "non-refundable" as the end of it.
The strongest version of this case has a written agreement stating the price and scope, a clear record of what you paid, and either no work performed or work far smaller than what the deposit would cover. If materials were bought, ask for proof — a receipt, a delivery record, something concrete, not just "I already spent it."
If the contractor claims work was done, get specific: what, when, and does it match what you can see or what a third party (an inspector, another contractor) would agree happened.
You're probably in good shape if: little or no work happened relative to the deposit, the contractor can't point to specific materials or labor that used it up, and you have something in writing establishing the price and scope.
You may not have much if: the contractor can show real materials purchased or real work performed close to the value of the deposit, the agreement clearly described a legitimate non-refundable booking fee for a small, defined amount, or the dispute is really about the quality of finished work rather than a refund of money for work that never happened — that's a different kind of case.
If you haven't already, work out the full sequence — what to gather, how to total what's owed, and when to escalate — at how to get money back from a contractor. If the contractor has gone quiet on top of refusing, see contractor took my deposit and disappeared. Ready to put the refusal in writing: demand letter for a contractor refund.
Wherewithal is an organizational tool, not a law firm, not legal advice.
Wherewithal is an organizational tool only. Not legal advice. Consider consulting a licensed attorney.