Paid a contractor 1/3 of fee to have home repaired: new siding, windows, etc. He just came to our home and said that there was a fire at his home and all my materials that were stored in the garage were destroyed. (This was confirmed by newspaper article) He had not started the job yet. How to I get my money back or get out of the contract. He said his insurance company is handling the fire claim. Someone told me to file a lien on his personal home which was damaged in the fire. Please help. He has had my money for almost a month now and was supposed to start next week. He was waiting for the last of the material to come in before the fire.

Whoa! Either there is something more to this or you are going off half cocked.

What did the contractor say about finishing the job? Did he say he was going to do it as soon as his insurance paid off? Have you asked him for your deposit back?

If you have a contract that states work was to commence or be completed by x date, and he is not going to make that date, then you can request the deposit be returned. If he doesn't return it, then you would have to file suit against him.

As for filing a lien, whoever told you that doesn't know what he's talking about.

It sounds to me the guy had some bad luck. Give him a chance to make good on the contract.