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Question DetailsAsked on 1/31/2017

Roofer has voided the second contract, does the contract before that one also voided?

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Generally speaking, unless specifically voided/cancelled OR the "second contract" specifically stated that the first one (properly referred to by title and date and such) was being replaced by the "second contract" then no.


Not clear if the second one replaced the first or not, if they overlapped, or what - but any contract not used should be mutually voided by the parties involved - signed, datred, in writing, and spelling out any total compensation/refunds involved in the cancellation. Basically, unless performance by either party on a contract was never initiated, you want to cancel it or amend its terms to a lesser scope/compensation rather than void it - because voiding means it is treated ads if it never existing, which might not be a good thing if later any of its terms or promises are to be relied on, or any warranty derived from it stay in effect.


Note a contractor (or homeowner for that matter), unless specific contingency provisions allowing that are written into the contract, cannot unilaterally void a contract - changing or cancelling a valid (signed) contract takes either a court action or a MUTUYALLY agreed-upon document detailing the disposition of the contract and what scope or terms are being eliminated or changed,compensation/performance changes under the change, and signing and dating by BOTH parties - with transfer of funds to make it all come out right per the modified terms as applicable.


Note - if you had a contract (evidently cancelled for whatever reason) and now a seond one being voided - sounds like you have either a shady or very unreliable contractor, failure to have a "meeting of the minds" on $ or scope, or an impossible homeowner situation - a red flag for one or both at any rate. And the homeowner should ensure that if ANY work wads performed on the contracts or any $ paidf to the contractor which are not gotten back, that you get a lien release form him and any major suppliers or subcontractors before or at the time of releasing him from the contract., so he (or unpaid suppliers/subs) cannot later come back with liens on your property.

Answered 1 year ago by LCD




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