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I signed a contract to get my roof replaced. The contractor…

Customer Question
I signed a contract...

I signed a contract to get my roof replaced. The contractor has not done any work or purchased any material and my hoa has still not approved the change. The contractor has threatened to sue me for breach of contract. I do not want to work with a contractor who is going to threaten to sue me. What can I do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the property located?

Virginia

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 9 minutes by:
3/21/2018
Real Estate Lawyer: Bill Attorney, Lawyer replied 1 month ago
Bill Attorney
Category: Real Estate Law
Satisfied Customers: 2,016
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your contractual law question this evening. I'm attorney Bill assisting you.

If time was of the essence then the contractor may have already breached the contract for failure to start work.

This will depend on your written or verbal agreement as to the start time to commence the roof project.

Similarly, if the contract was signed subject to HOA approval the contract would rescinded for failure of a condition precedent.

I would need to examine the language of your contract to offer more information in this regard and you would need to recall the verbal agreement as to HOA approval and start time.

Because there is not yet a civil action you can at this stage negotiate termination or you could seek declaratory relief from the civil court declaring your contract to be void or rescinded.

Alternatively, you employ a new contractor and sue the original contractor for the cost to you in his failure to perform and start as agreed.

We are here to help so please follow up with me as required.

In return your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

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Customer reply replied 1 month ago
I have not paid him anything yet. The contract doesn’t say “ time is of the essence” only that work will start within 2 weeks of deposit. I was waiting make the initial payment for hoa to approve the shingle color. I now want to just cancel the contract and find a new contractor, but don’t want this contractor to sue me. They didn’t do any work yet, but refuses to void the contract and threatens to sue me if I don’t have them do the roof. Can I do anything?
Real Estate Lawyer: Bill Attorney, Lawyer replied 1 month ago

You can cancel the contract if they breached the contract, there was fraud, misrepresentation or mutual mistake.

If it is still within the two weeks then the contractor wouldn't have breached the start terms.

You would need to renegotiate with the contractor if they haven't breached the agreement or one of the above isn't applicable.

A contract is a binding legal agreement that can only be terminated by mutual agreement or as I indicated.

We are here to help so please follow up with me as required.

In return your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

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Customer reply replied 1 month ago
Do I have to make the initial payment?
Real Estate Lawyer: Bill Attorney, Lawyer replied 1 month ago

Please send in a copy of the contract for review.

The contract is enforceable by you or the contractor until the court declares otherwise so if no party is in breach of the agreement and an initial payment is stipulated, your failure to make this payment will put you in breach of contract .

If you want to back out without justification you need to negotiate this with the contractor under a termination or new agreement/ modification.

We are here to help so please follow up with me as required.

In return your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Here it is
Customer reply replied 1 month ago
2
Customer reply replied 1 month ago
3
Customer reply replied 1 month ago
4
Customer reply replied 1 month ago
I have to work with him and have him do my roof even after he threatens to sue me?
Real Estate Lawyer: Bill Attorney, Lawyer replied 1 month ago

Thank You.

I will make a review offer, please accept my offer to enable me to view your documents.

Attorney Bill

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Customer reply replied 1 month ago
I’d rather not, but thanks
Real Estate Lawyer: Bill Attorney, Lawyer replied 1 month ago

Yes the service is optional and is additional because of the time involved but relatively cheaper than requesting an attorney to review it in his office as you would be billed his hourly rate.

In relation to my answer

your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

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