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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I signed a roofing contract on Sept 21st with no 3 day

Customer Question

I signed a roofing contract on Sept 21st with no 3 day cancellation clause in it. Roofer took 2000.00 deposit for 4800.00 job. It was replace garage roof, all facia board on garage, but she didn't put in the contract to also replace facia on the house, she put by front window. She had new gutters on house and garage .032 5' gutters with 6 3/4 downspouts. She worked on the garage roof on the 27th, incomplete because of 4 bundles of shingles. She tried to put new facia over existing rotten wood. I stopped them and corrected it. She scheduled the gutters for Mon Oct.3 but on Oct 1st after 6pm she tells one worker is coming to change the facia on the house. The gutters guys on Monday do not change facia. So they are going to try to put new gutters on rotten wood. So I cancelled the contracts by text, and will cancel by fax in the morning. Will I have to pay for work she hasn't done, or materials that weren't delivered. I am disabled. Please help
Submitted: 10 months ago.
Category: Legal
Expert:  Phillips Esq. replied 10 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

I am sorry to read about your difficulties.

No, you do not because she breached the contract first by doing a shoddy job. Her breach releases you from further performance under the contract. However, she may try to sue you for breach of contract. If she sues you, then you would have to file a counterclaim for the substandard work that he was doing for just file an answer to lawsuit telling the Court your side of the case.

You may also file complaint against her with the State's contractor's board.

Customer: replied 10 months ago.
The contractor had two contracts. One for the garage roof the other for gutter contract on house and garage. She doesn't have the three day clause in contracts. Does that void the contracts. Then she has on both contracts about the facia board on the garage. On the garage contract she has install 120' facia board and aluminum wrap facia (wrapped when the gutters are installed). On the gutter contract she has aluminum wrap facia board on garage only for another price. In both contracts she is charging to wrap the same facia board on the garage. She tried when doing the garage, to put new facia over rotten brittles wood. I corrected it Then we discussed changing all the facia on the house and she told 511.00 at 3.50 material and labor. I mentioned to her that the front window you can stick your fingers thru it. On the gutter contract she put under our signatures replacing rotten /damaged wood above front window will be an additional cost to be determined after we have accessed the area. Last night she text me to tell me her worker was coming today Sunday to change the facia by front window only, and the gutter guys are coming Monday. Which means the gutter guys are gonna try to put new gutters on rotten facia. The gutter guys don't change facia board. That is when I cancelled both contracts. She also.asked me before I signed the contracts if I wanted to save 200.00 and write the check to her personally, nothing in the memo about gutters or garage roof. She is charging for the Garage Roof Contract 3000.00 and the Gutter Contract 1800.00 and took a 2000.00 deposit. I don't have a gutter apron on the house either, that is why all the facia is rotten. You can see it. Please tell me if she breached the contract. I need to know if she can sue me for the gutter contract since she didn't do any work on that one. Also on my garage roof it looks like the shingles are curling up on the ends. This whole deal with her is shady. Will she have to pay my attorney fees? Please answer all questions. I texted her to cancel the contracts, I have to fax a cancellation because I don't want her on my property. Thank you gonna wait for a response from you. I also have pictures of the bad wood from garage. Did she have to put to replace the facia in the house in the contract, and not just say about the front window, even though I told her it was rotten and needed replacement. Two other roofer gave me an estimate to replace all the wood, facia, and soffit for 1150.00 and others told me that couldn't see what needed to be replaced until they took the gutters off. My contractor was focused on only changing the facia by the front window, and leaving the existing rotten facia. Please answer
Expert:  Phillips Esq. replied 10 months ago.

Thank you for the information. Kindly give me a few minutes to review the information and prepare my response to your follow-up post.

Expert:  Phillips Esq. replied 10 months ago.

The contractor had two contracts. One for the garage roof the other for gutter contract on house and garage. She doesn't have the three day clause in contracts. Does that void the contracts.

Response 1: Yes, if the contract was solicited at your home--door to door sale.

Then she has on both contracts about the facia board on the garage. On the garage contract she has install 120' facia board and aluminum wrap facia (wrapped when the gutters are installed). On the gutter contract she has aluminum wrap facia board on garage only for another price. In both contracts she is charging to wrap the same facia board on the garage. She tried when doing the garage, to put new facia over rotten brittles wood. I corrected it Then we discussed changing all the facia on the house and she told 511.00 at 3.50 material and labor. I mentioned to her that the front window you can stick your fingers thru it. On the gutter contract she put under our signatures replacing rotten /damaged wood above front window will be an additional cost to be determined after we have accessed the area. Last night she text me to tell me her worker was coming today Sunday to change the facia by front window only, and the gutter guys are coming Monday. Which means the gutter guys are gonna try to put new gutters on rotten facia. The gutter guys don't change facia board. That is when I cancelled both contracts. She also.asked me before I signed the contracts if I wanted to save 200.00 and write the check to her personally, nothing in the memo about gutters or garage roof. She is charging for the Garage Roof Contract 3000.00 and the Gutter Contract 1800.00 and took a 2000.00 deposit. I don't have a gutter apron on the house either, that is why all the facia is rotten. You can see it. Please tell me if she breached the contract.

Response 2: Yes, she did.

I need to know if she can sue me for the gutter contract since she didn't do any work on that one.

Response 3: She can sue to force you to allow her to do the work on the gutter contract. However, if there is no three-day cancellation clause in the contracts, the contracts are not valid to begin with. So, if she sues you to force you to comply, you can use that as a defense to get her case dismissed..

Also on my garage roof it looks like the shingles are curling up on the ends. This whole deal with her is shady. Will she have to pay my attorney fees?

Response 4: She would have to pay your Attorney's fees if your prevail. You can use the following sites to find local consumer Attorneys to assist you with your case:

Consumeradvocates.org

Lawyers.com

Justia.com

Please answer all questions.

Response 5: I have answered all your questions. Kindly see my previous responses and four responses above.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Customer: replied 10 months ago.
I called the Roofing Contractor and she came to my home, then sent the guy who was supposed to change the facia on the house, to measure the garage roof, and the gutters replaced on the house and garage. She came back with the estimate, which just looks like typing lines on paper, which her signature already signed. I told her I would get back to her. Also when she asked me to sign the check to her personal name, no roofing name or anything to do with roof or the gutters and save me 200.00 you didn't answer that for me. Did she to much down payment, 2000.00 for a 4800.00 job which is overpriced. Her original price on the Gutter Contract was 2300.00 then she gave me the 1800.00 price when I told her the other roofers have a total of 1344.00 why is she 2300.00 for the same size gutters? Please answer for me all my questions
Customer: replied 10 months ago.
Since I called her and she came to my home are the contracts voided because they have no 3 day cancellation clause on them? What does door to door mean?
Customer: replied 10 months ago.
I want new expect to answer all my questions
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, although your previous contributor was correct in the information they provided to you.
No, I am afraid the contract is not void simply because it does not contain the 3 day right to cancel, that is only a potential reason it could have been void BEFORE she started the work.
Once she started the work and did so negligently, then you have (as the previous contributor told you) a breach of contract by her for negligent work. So since her work was negligent and not workmanlike, that is a legal basis to terminate the contract, but you will need a new roofer to come in and write up exactly what she did that was negligent so that in case she tries to sue you, there is proof you had legal grounds to terminate the contract with her.
Your questions about her pricing are impossible for us to answer. These people all set their own prices and it is up to the customer and the contractor to negotiate and agree upon price and if as a customer you do not agree to a price then you should not sign any contract with that contractor and find another one. Once you signed that contract, if it did not have the required 3 day cancellation clause, you could have canceled at any time BEFORE she started. Once she started, then it became a breach of contract issue for not doing workmanlike quality work.