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Question DetailsAsked on 2/24/2015

my roofer said work to start within a week, but he has been incarcerated since then? Do i have to wait for him to

I signed an agreement to let him do the roof. But he won't take my calls, because he has been incarcerated for something, I don't know what? Do i have to wait for him to get out of jail?

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2 Answers


Careful what you say - attach his name to that type of statement and if it turns out he was incapacitated, not incarcerated, for instance, you could be heading for a slander or libel lawsuit.

If you contractually have a firm start date, you could send him a formal notice of termination of contract for his failure to perform under the contract - send certified or registered mail, return receipt to be receipted for by addressee only, to address on the contract.

Or, you could file a claim with his bonding company to get the work done (though would probably not be your choice of contractor), or for refund of any deposit.

If no bonding company, then you could do (assuming smallish deposit) a small claims court suit, though getting awarded a claim is very different from getting actual $ - the lwegal system does not help you with that unless you ask for a lien on his materials and equipment.

Answered 5 years ago by LCD


Hello, You do not have to wait for the roofer to get started on your project

if he was supposed to start on a certain date and has not returned your calls

it is not your fault that he is incarcerated

you can have a letter written up terminating the contract for failure to fullfill his portion of the agreement but it must be notorized and delivered to him by certified mail

If you gave him a deposit for the work & hire someone else then you may end up taking him to court to retrieve your deposit if he does not willingly give it back

good luck

Answered 5 years ago by RG

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