In August I signed a contract with a Building Contractor to install a new roof, it is now the end of October and the work has yet to be done. The roof started leaking into the house 3 days ago and we called him and he still has not shown up to even put temporary tarps on the roof until the rain lets up. Is there anyway I can get out of this contract and hire someone that will actually do the work? He never even called to say why he didn't show up or when, we had to call him and it was excuse after excuse!
If it is not fixed soon we will have a lot of water damage.
Any suggestions are greatly appreciated.
2007-10-24 10:23:12 · 9 answers · asked by Tiffany 2 in Politics & Government ➔ Law & Ethics
Just tell the contractor you cancelled the contract, don't pay him and don't let him on your property.
2007-10-24 10:26:48 · answer #1 · answered by regerugged 7 · 0⤊ 0⤋
I would highly suggest speaking with an attorney before making any hasty decisions. Often times the wording on the contract makes a huge difference as to what you can or cannot do in terms of breaching the contract.
From the information you have given us there are a few routes you could possibly take, but again, you should really be careful to read the contract and speak with an attorney.
1. You can argue that he has committed a material breach of contract.
A material breach is any failure to perform that permits the other party to the contract to either compel performance, or collect damages because of the breach. If the contractor, for example, had been instructed to use copper pipes, and instead used iron pipes which would not last as long as the copper pipes would have, the homeowner can recover the cost of actually correcting the breach - taking out the iron pipes and replacing them with copper pipes.
2. You can argue that there has been an anticipatory breach of the contract since the contractor's behavior has clearly shown that the work is not going to be done per contract.
A breach by anticipatory repudiation (or simply anticipatory breach) is an unequivocal indication that the party will not perform when performance is due, or a situation in which future non-performance is inevitable. An anticipatory breach gives the non-breaching party the option to treat such a breach as immediate, and, if repudiatory, to terminate the contract and sue for damages (without waiting for the breach to actually take place).
Typically, the judicial remedy for breach of contract is monetary damages. Where the failure to perform cannot be adequately redressed by money damage, the court may enter an equity decree awarding an injunction or specific performance.
The aggrieved person has a duty to mitigate or reduce damages by reasonable means. Liquidated Damages may be limited to a specific amount. Punitive damages are generally not awarded for breach of contract but may be awarded for other causes of action in a lawsuit.
I would suggest doing whatever you can to prevent any further leaks, even if it means that you must hire someone to do the repairs. I would maintain contact with your contractor and keep pestering him and telling him that there are leaks and whatnot and make sure he knows that he will be responsible for those damages.
If he still doesn't come through you should hire someone to do the work and you can reclaim the difference in cost from the previous contractor. But it will most likely force you to file a lawsuit. In which case, please speak with a licensed attorney.
2007-10-24 10:39:08 · answer #2 · answered by lawclerk 2 · 0⤊ 0⤋
If you signed the contract, you are legally obliged to fulfill the terms of it EVEN IF the work hasn't been started. You signed a legal document. You could speak to the contractor and ask if he would be willing to cancel the contract but if he says no, you're still on the hook. Refusal to pay him what is owed (without his consent) will result in your being taken to court for the balance of the contract and losing. You can't win that case and he's not going to let it go if you just refuse to pay. Read the fine print on your contract for the small legal details and consult a lawyer if necessary, but I recommend trying to work it out personally with the contractor first. He has the upper hand in this situation.
2016-05-25 14:09:22 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Look at the contract language. Does it specify a starting date? Does it say that the price is good for so many days? The contract will dictate your ability to get out of it. If you can take the position that he has not kept any part of his agreement, you should be able to hire someone else. Hopefully you did not pay anything down. That would be a very big mistake on your part.
2007-10-24 10:27:55 · answer #4 · answered by united9198 7 · 0⤊ 0⤋
It really depends on the terms of your contract.
In general, I'd send the guy a registered letter to his place of business stating that you contracted for service in August, that is is now the end of October and he has yet to perform.
Tell him that you want to rescind the contract effective immediately, and that if he refuses that you will consider his nonperformance as a breach.
This is not legal advice; I am not a lawyer, I hate people who contract for gigs and then don't do it.
2007-10-24 10:28:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Whoops, sounds like a rookie mistake. Did you put a start or complete date in the contract? Did you put money down on the job? If he has your money, your screwed, kiss it good bye. It could even be a scam!!! The builder may have moved to the next county by now. Call and inform them they are fired and move on.
2007-10-24 10:29:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Do you have a copy of the contract?
Is there any time frame on it?
You can void it for non-performance.
Did you give them any money? If so and they have not cashed your check put a stop on it.
2007-10-24 10:27:38 · answer #7 · answered by DT 4 · 0⤊ 0⤋
TALK TO your insurance adjuster
2007-10-24 10:28:20 · answer #8 · answered by Dog Man 2 · 0⤊ 0⤋
get a lawyer!
2007-10-24 10:29:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋