Q: I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,
Nothing in writing on the 2-4 weeks out. Can I legally cancel our contract and ask for my money back. He hasnt been returning my calls and has also given me several start dates the didn't happen. Or does this contract go on forever?
A: It depends on the specific terms of the contract whether he has breached the contract. But if the contract did not provide all the required consumer notices that are required, then you can cancel it and seek the return of the amount you paid. But if he is insolvent or declares bankruptcy, or you can't find him, you might not be able to collect. Use the Find a Lawyer tab to consult a local construction attorney.
Bruce Martin Broyles agrees with this answer
A: If the contract did not provide for a start or completion date, then you may have to determine whether the delay has been reasonable. Were there delays caused by weather? The period of time involved is approaching unreasonable. In addition, depending upon the circumstances, the roofer may have violated the Home Solicitation Sales Act or the Consumer Sales Protection Act.
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