Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

Back in september I signed a contract with a roofing company.

The contract basically says that...
Back in september I signed a contract with a roofing company. The contract basically says that I must use them to do my work and if I don't I pay 25% of the total estimate. The contract does not have an expiration date. (a date that the work must be completed by) As part of the contract they hire workers to fix any damage that the insurance adjuster included in the estimate. Its been 60 days, and they've completely ignored me.

I want out of this contract. My question is this: Is there a time frame that a contract, written without an expiration date, naturally expires ?? Additionally, there are two owners listed on the property. The owners have no legal bond such as marriage. Only one owner signed the contract. Can this be a loophole that I can use to get out of the contract ?
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 minute by:
11/14/2013
RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,488
Experience: Licensed Texas General Practice Attorney
Verified

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Just to be clear, there has been damage to the roof and the insurance adjuster has approved the claim, already filed the report, etc...? And it has still been 60 days from that point?

Customer:

That is correct.

RGMacEsq :

And how many times (estimate) have you attempted to contact them with no success?

RGMacEsq :

Are you still there? Did you see my follow up question about how many times you contacted them?

Customer:

They are doing more than just the roof. We have a skylight that was damaged. The person I was working with contacted me 3 times and said he would send someone to estimate the skylight. He never did. Then about 2 weeks ago he contacted me again to meet and go over what work needed to be done. We couldnt find a time early in the week that would work. He said he would call me back friday, I didnt hear from them till yesterday. they came out to measure the roof. My problem is this... Part of the damage includes house painting and deck refinishing. Its getting too cold at night to paint the house. I wanted all the work completed at once. I didn't want to have to wait till next spring to have this done. Now if I go with them I'm probably stuck waiting till spring for all the work to be complete.

RGMacEsq :

I see...

RGMacEsq :

Did they ever give you an estimate of how long it was going to take, if it was going to be done by now, etc...? And would there be another company that could finish it up before next spring?

Customer:

They could have completed the painting in October, when the weather was good. But they did nothing until yesterday.

RGMacEsq :

I understand. Did they give you an estimate at the beginning of how long it was going to take?

Customer:

no, they said they had alot of people in from of us (roofing wise). But they hire out all of the other work.

Customer:

*in front of us

RGMacEsq :

And what about my other question, if there is another company out there that can finish it up before next spring?

Customer:

Probably not the paint

Customer:

Im going to have to wait now because of the cold.

RGMacEsq :

Thank you. First of all, I will address the other owners on the house: while they're not going to be liable to any contract that you sign and that they don't sign, that doesn't mean that the contract itself is unenforceable. That is, there's no requirement that every owner sign. Rather, each individual owns an "undivided" portion of the property, meaning that he/she can make improvements to the property without the consent of the others. That means that any contractual liability would stay with you, and while they could certainly contract with another company without any penalties, the contract with you would still be valid, and this first roofing company could still go after you assuming the contract was not breached by them because of non-action.

RGMacEsq :

Now as to the part of the situation where there is no definite time period in the contract... Where no exact time for performance is fixed by the contract terms, Colorado law provides that the performance shall be made within “a reasonable time.” Shull v. Sexton, 154 Colo. 311 (Colo. 1964). This is known as an "implied contractual term". Now what constitutes a reasonable amount of time is a case-by-case determination based upon the particular circumstances of the contract at issue. A court will often look at the expectations of the parties at the time the contract was entered into and also the time necessary to complete contractual duties. And often that depends on what the nature of the damage is (a whole roof is more involved than a patch job), industry demand (roofers are in high demand after major storms, for instance, and the time period is longer as a result), etc... There is no set time period at which the contract becomes void or voidable on your part. The "reasonable time period" is going to be what controls.

RGMacEsq :

So it's possible that 1 month could be seen as unreasonable, or that 6 months could be seen as reasonable. It all depends on the facts surrounding the situation, and I wish I could make it more definite than that, but unfortunately there is no set period of time. What is considered is whether they could have gotten it done in an earlier time period, as well as any representations made to you, etc...

RGMacEsq :

That is, if they represented that it would be done before the weather got bad, or at least implied that, etc... then that would certainly be something that would be considered.

RGMacEsq :

Also statements about the scope of the project would be considered. Finally, the attempts to contact and any unreasonable lack of communication would be considered.

RGMacEsq :

Now the main problem is that this is a contractual defense. It would be used if they were to sue you for breaching the contract by going with some other company. That would be true in that you went to some other company after saying that you would not, and so the only "out" that you could have is that they breached first by not completing their obligations within a reasonable period of time.

RGMacEsq :

And ultimately that would be up to the court to determine whether that happened or not. ANd therein lies the risk: you don't know what the court is going to say. You can have a good idea (particularly if they had the ability and the means to accomplish this and did not before bad weather).

Customer:

They didn't give me a timeframe yesterday. So I still don't know when they will start. The rep I talked to again said he would call me back and hasn't to date.

RGMacEsq :

As such, I would suggest that you contact them, in writing, certified letter, return receipt requested, requesting "assurance" that they are going to be able to complete their obligations this year. State that you know that they had a reasonable time period to complete the contract and that you feel that they have breached by nonaction. Find out what they would say.

Customer:

thats seems reasonable

RGMacEsq :

Understood. And that's why you're going to want to get something in writing sent to them putting them on notice that you're thinking that this could be a breach by nonaction.

RGMacEsq :

If they still do not respond, or they say that they're not going to be able to get it done this year, you can use that as further evidence that they have breached first by not acting in a reasonable time frame.

RGMacEsq :

Again, this is a defense, IF they take you to court for breach of contract. It would be best to avoid that, as relying on a defense is not a good primary strategy, but rather a "plan B".

RGMacEsq :

It's a good thing to know and a good way to inform the other side that you're considering legal action should it come to that, but if you can get them to act and get assurances that they will act, that would be preferable. I

Customer:

I see.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer:

Thank you. That was very helpful.

RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,488
Experience: Licensed Texas General Practice Attorney
Verified
RGMacEsq and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Ask RGMacEsq Your Own Question
RGMacEsq
RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,488
17,488 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

RGMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

17,488 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I was having some work done on my car .I already paid the
I was having some work done on my car .I already paid the full amount when I picked it up the first time. I took it back to have them fix the issues. I received a call not from the owner but a employe… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Great. You are just who I need to talk too! I am just
ok....great. You are just who I need to talk too! I am just getting into real estate.....do I set up an real estate IRA roth first or the LLC? Also does can I have the same name as the LLC?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
I have a loan on a car, however, a relative pays the car
I have a loan on a car, however, a relative pays the car note. I agreed to help, as her credit was not good. She now wants to take over the note, so the title can be in her name. What's the best way t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
Who can I contact concerning predatory so called legal firms
Who can I contact concerning predatory so called legal firms who state they can Save Your Home!!!! The company name is ***** ***** so California … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I tole the contractor and the Tile license worker 3 weeks
I tole the contractor and the Tile license worker 3 weeks ago that instead of regular grout to use for the stone tiles that tile guy install where they never said I have to pay addon of $1000. in almo… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
Sobieski heating and cooling charged me for parts that were
sobieski heating and cooling charged me for parts that were covered my a service agreement i had with the company and they appear to be stonewalling me whenever i call . what is my best option? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
On October 2017 i decided to add solar panels to my home. I
On October 2017 i decided to add solar panels to my home. I worked with this company that was getting me a loan for 20 years and instead the owner called me and stated that the loan was approved and w… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
My son bought a used Toyota p/u truck from the dealership
My son bought a used Toyota p/u truck from the dealership where he worked. After about 1 or 2 months, while driving slowly down his own street, the front axle broke causing him to veer into 2 parked c… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Vector One has reported a claim from Nationwide through
Vector One has reported a claim from Nationwide through Shurwest that is not right. we worked on a customer for 3-4 months and they signed up for . … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
Few years ago I sign up for a cosmetic procedure (hair
few years ago I sign up for a cosmetic procedure (hair restoration) I cancelled the appointment and signed a contract that I didn't realize had a refund policy of 25% 50% and 100% depending on when I … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I'm in the Rahway hospital paralyzed fr. I'm in Rahay
I'm in Rahay hospital nj. Paralyzed in severeh pain from the waist down they did tests and said that I need a operations and will do them a day went by they came to me and said they will need to send me to a more special place for the operations all this and following all nurses medication than the nurse found a opened wound on me and needs to get the doctor too look at it this is Tuesday now all of a sudden too woman walk in m hospital room and said I was discharged on Friday not geting any results for any of my ailments help please help. Daniel … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I recently had an auto claim due to an accident where I was
I recently had an auto claim due to an accident where I was hit from behind. It was not my fault. The repair shop completed the repairs and submitted what they said was a final bill to me, which I pai… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,422 satisfied customers
Is an attorney required for wage garnishments in GA. An
is an attorney required for wage garnishments in GA … read more
DrakeLAW
DrakeLAW
Juris Doctorate
973 satisfied customers
I purchased a vehicle on dec 26th in dallas tx from auto
I purchased a vehicle on dec 26th in dallas tx from auto nation nissan with a contract form 553-tx-arb, giving them a $1000 down payment. The seller was financing it thru american credit acceptance (A… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I have a question about an auto repair shop. Colorado, 2010
My 2010 Buick Enclave out of nowhere would not start one morning so I had it towed to a repair shop. They got it running after hooking it up to a booster pack. They then talked me into $978 worth of spark plugs, ignition coils, intake gasket, valve cover gasket, valve cover seals and a fuel injection cleaning. My wife noticed the engine sounded wrong as soon as she picked up the car, but I told her with the injection system being freshly cleaned it might need time to adjust. After almost 2 weeks of the engine sound getting worse we returned the car to the shop. They had us pick it up the next day and the sound we still there. The very next morning the engine completely locked up and they are now asking for $6588 to replace the motor.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been selling insurnace for over 20 years and have
I have been selling insurnace for over 20 years and have been a very high producer. However in 2013, I was terminated without cause (I still get my insurance renewals from this company) and was not to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
CALIFORNIA NO NO OTHER ATTORNEY. I HAVE A VEHICLE DEALERSHIP
I HAVE A VEHICLE DEALERSHIP REPAIR PROBLEM YES I HAVE CONTACTED THE MANUFACTURE … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
A lady pulled out and hit my daughter's car in Ohio. We had
A lady pulled out and hit my daughter's car in Ohio. We had just put a used transmission in in October for roughly $2000. The insurance company totalled the car but told us they wouldn't cover the tra… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x