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Question DetailsAsked on 1/25/2018

Can I get my money back from a roofer who moves date back 3 months

Under contract with a roofer to have work done the end of January weather permitting. It is Jan 25th I get a call an they say can't do the roof until April. I asked for my money back now it seems I am getting the run around. The girl who answered the phone says the owner will call you back in a few minutes. I called an hour later and she says the owner is in a meeting and will call you back in a day or so. I do not want to work with this company I do not trust them. All I want is my deposit back.

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1 Answer


You should be able to, because he has failed to perform under the contract and has indicated he does not intend to. You could send him (considering his response to date, use certified, return receipt, signature required mail) a letter stating that he is default under the contract so you are terminating the contract for cause, and demanding your entire deposit back immediately.

He does NOT have a weather excuse, because he said he would do it mid-winter, and he cannot guarantee the weather will be unsuitable until April so that is not an out for him.

Here are a couple of similar questions with answers, FYI:

You could alternatively call his Bond, getting the bonding company to pay to get the job completed under the original contract terms - they pay any cost overrun and recover from him later. This is the preferred way if you don't believe you can get another contractor to do the job for the original price.

And if you have suffered damage due to his delay, you would also have the option of going after his insurance or in small claims court for the damages.

One thing to consider - if you have "winter" in your area - is whether you want a winter roofing job (assuming this is not an emergency where you have leakage already), because winter jobs tend to be lower quality, both due to the working conditions, and because the cold weather causes risk of cracking and splitting of pretty much any roofing material other than steel.

Answered 2 years ago by LCD

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