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Question DetailsAsked on 8/31/2017

Can I cancel my agreement to pay my contractor since all work was not completed as agreed

hail damage work started in April 2017 work has not been completed but the contractor submitted a final invoice he had not been back to do any work since early May 2017 and stated that they had completed the work on June 1, 2017 we met on August 2, 2017 when he came to collect payment he seemed surprised to learn that the work was not completed he wanted to collect for the work that was done I told him no he returned yesterday with his partner looking to collect we negotiated a price signed an agreed upon amount but i'm not satisfied with that and would like to cancel that agrrement is it possible for me to do this since it took place in my home?

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You would have to do some quick research on the 3-day cancellation right under federal and your particular state law - you could certainly send a termination notice under the law if in doubt, then they could argue that because you are looking at a modification agreement on an existing contract that you do not have a separate cancellation period on that amendment. My personal feeling - the law is keyed to door-to-door 'sales" like door-to-door alarm and window sales and storm-chasing roofers and siding salesmen - I seriously doubt the intent covers agreement to a contract amendment for an existing contract.


Info here from Federal Trade Commission and NOLO Press (a company selling legal books and guides and software) -


https://www.consumer.ftc.gov/articles...


https://www.ftc.gov/news-events/press...


http://www.nolo.com/legal-encyclopedi...


Sounds like you need an attorney's input on this - and considering this is Thursday PM that might be hard to do within the 3-day limit. Attorney could advise you on whether the 3-day limit (Fdderal or your state's version) even applies in your case, and if not whether you have other recourse open to you.


Sorry, but you might be on the hook (assuming the price is reasonable and not egregious) - a lesson in two things - be cautious if a contractor or salesman tries to double-team you in negotiations or sales situation, and take time to think it over - you should probably have taken his offer and said you would get back to him in a day or two with your decision.


Also a lesson in letting things go too long - you should have gotten on his case by mid to late May if the work was not completed.


Sounds, since a storm roofing repair case, like you really need ann attorney - also, before settling on a new price you should have discussed his demands with the insurer, because it sounds like maybe he agreed on the insurance company's adjusted claim amount (insurance payment plus your deductible) and has now negotiated a higher amount ? (Though nothing said about whether any work not covered by the claim being paid directly by you as part of the work).

Answered 1 year ago by LCD




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