Q: Seeking legal advice to break roofing contract due to insurance discrepancy and the company's lack of communication.
I signed a contract with a roofing company in April 2024, which requires me to use their services or pay a 35% penalty if I cancel. The contract lists Farmers Insurance as the insurer they would file a claim with, but the roofing company was actually paid by Lemonade Insurance (my previous policy). After receiving the insurance check in May 2024, the company's communication has become one-sided and avoidant. It’s now been three months, and they still haven’t provided a date for the roof replacement. I want to exit this contract and hire a different company without losing 35%. Since the contract doesn’t address timely communication, I’m wondering if the discrepancy in the listed insurer might make the contract void.
A:
It is unlikely that the discrepancy in the name of the insurance company renders the contracts void.
Ordinarily, in the absence of an express agreement to the contrary, a contractor has a reasonable time period to perform its work. If it's been three months with no contact, I recommend sending a letter advising them that it is your position that they have had a reasonable time to complete the roofing job, but they have not yet even started work and have stopped communicating with you. I would give them an additional thirty days to complete the work, or you will deem the contractor to be in breach of contract by non-performance. At that point, you can hire another contractor to do the work with your insurance proceeds.
Be aware that if the insurance company put the roofing company's name on the check with or without your own name, you may need to ask the insurance company to reissue the check, which may create a delay. Hopefully, you did not give the roofing company the check already. If so, you may have to pay the new roofing contractor out-of-pocket and then sue the old roofing contractor for the money.
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