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Question DetailsAsked on 4/23/2016

how do i get out of a contract after 3 days it is a roofing contract and dose not start for a couple months

signed a contract its been more than three days i have chaged my mind work does not start for a couple months can i get out of the contract

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When you say after 3 days, I presume that means you have googled your local/state law and 3 days is your legally mandated cancellation window - same as federal law for many major home improvement contracts.


Unless the contract is missing an essential element of any contract - identification of the parties to the contract, dated with signatures by both parties, location where the work is to be done (address or property description), effective contract date (signature date if not stated), completion date (in most cases), scope of work, contract price(s) [or terms under which the final price can reasonably be determined for indeterminate scope contracts, which may include TBD amounts or change order allowance for things that can't be determined now due to inaccessibility or out of sight/burial]. The basic Who, What, Where, When, How Much.


And it has to be a "legal" contract - for legal work, and generally the parties have to be "legal" too - competent to contract and of age, the "customer" has to have legal authority to authorize the work or have ownership of the property, and if the contractor has to be licensed by law and/or bonded / insured generally if he is not then the contract is voidable by the customer.


Obviously, if trying to get out of the contract on legal grounds or because you feel you were coerced you would need an attorney to advise on how firm your position is and whaat your options and chances of winning are.


Other "out" assuming this is a proper and legal good-faith contract, you can negotiate with the contractor, paying him for any expenses to date and related profit (though in court for a unilateral cancellation like this he can in some areas claim the total as-bid projected profit for the job), or if not work has been done on the job he may agree to cancel it. Most contractors will cancel an unstarte contract (including planning and materials pre-purchase identification and order prep) as long as it is not too close to the start of work date to be able to fill the slot with other work. Others will demand you pay for the value of the time they spent on the bid, at least one day's (for your size job) total "loaded" (with overheads) cost for him and his crew, a 10% cancellation fee, or such compensation for the loss of the job, which is presumably not due to any failing on his part. Of course, if there are cancellation terms in the contract they control as long as not onerous or illegal.


Of course, if in initial contact with him he is not inclined to cancel for reasonable compensation, then you need an attorney.


Also, if an insurance job, you will likely have to get approval of a new contractor from the insurance company and they should not be expected to cover any cost for this one unless perhaps if you are claiming fraud on his part (in which case you should not be paying anything).

Answered 2 years ago by LCD




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