NEC Builders And Home Improvements Darryl Kiser Breach of contract and fraud Whitman MA

On February 2025, we contracted NEC Builders & Home Improvements, led by Darryl Kiser, to complete a restaurant build-out with an agreed project timeline of 4–6 weeks. Regrettably, it has now been over 22 weeks, and the project remains incomplete. During this period, we funded various stages of the work—including plumbing, electrical, equipment installation, and framing. While some progress has been made, a significant portion of the work is still pending. Darryl’s failure to complete the work within the agreed timeframe, coupled with his consistent lack of communication, unfulfilled assurances, and misrepresentation of progress, constitutes a breach of contract under Massachusetts General Laws c. 106 and c. 93A, which governs consumer and business fraud and unfair trade practices. Additionally, his conduct appears to fall under the scope of fraudulent inducement, as he entered into this agreement with apparent intent to deceive, overpromise, and underdeliver, causing financial harm to TomTom Kitchen. We have made multiple attempts to reach out to Mr. Kiser via calls, emails and texts to request a timeline for completion.

Unfortunately, he has been unresponsive and unwilling to engage in communication regarding the status of the project. Despite our efforts to collaborate and seek a resolution—either by obtaining a realistic completion plan or asking Mr. Kiser to formally withdraw from the project if he is unable to finish—no communication or cooperation has been received. We have no choice but to pursue legal option against NEC Builders & Home Improvements including filing suit for breach of contract and fraud.