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An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)
For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).
In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.
For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).
If a party cancels a contract due to non performance by the obligated party, the obligated party cannot generally insist only on partial performance; they must either accept in full the rescission, or reject it, or the parties may agree to a partial renunciation. But one party cannot unilaterally insist upon a partial performance without agreement.
So generally the consumer can either accept the material and hire a new company for installation, and sue for any difference in price (ie the cost of installation based on the new quote versus the original contractual price) or reject the contract outright based on non-performance.
For amounts between $5,000-$10,000 (depending on county) small claims is appropriate:
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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.