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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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As a contractor do I have the right to back out of a

Customer Question

as a contractor do I have the right to back out of a contract is there a time limit?
JA: What state are you in? It matters because laws vary by location.
Customer: California I signed a contract to perform work through Docusign and had not received the permit and there are multiple additions in work scope from the fire dept. that significantly increase cost!
JA: Has anything been filed or reported?
Customer: I just signed yesterday over internet that is all
JA: Anything else you want the lawyer to know before I connect you?
Customer: don't think so
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 5 months ago.
what is the cost of this service?
Customer: replied 5 months ago.
No thank you on paper is better for me
Expert:  legalgems replied 5 months ago.

Unfortunately a contract is binding once it is fully executed by both parties.

If there are additional costs that are not addressed in the contract, and the contract provides for addendums due to unforseen events/permits etc, then that can be added to the contract. This is called a change order and most contracts authorize this.

If the contract is silent then unfortunately the contract as written is binding.

Further questions? Please post here to continue the chat.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

I'm sorry- I'm not set up for phone calls; that is an autogenerated request; please post any follow up here-thanks!

Customer: replied 5 months ago.
I cannot get out of this contract? is that correct
Expert:  legalgems replied 5 months ago.

If there is no provision that would be correct; the point of the contract is for both parties to be able to rely on it.

The plaintiff can sue for the "benefit of the bargain" so for example, if a defendant breaches the contract and plaintiff has to hire a third party to perform, if that third party charges more, those damages are recoverable so plaintiff receives the benefit of the bargain.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html