How can I cancel a contract agreement?

I am building a new garage. I hired a company to install the siding and roofing. I have paid them a 3000 deposit. They were supposed to start a week ago. I cannot get the service manager to return my calls. I sent them a Notice on Non-performance on Monday giving them 48 hours to remedy the situation. They have not responded. No materials have arrived on site, no permit has been pulled and no labor has been performed.

Asked on May 24, 2016 under Business Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the company for breach of contract, and you can seek rescission and restitution as a remedy.  Recission is cancellation of the contract and restitution is a refund of the amount you paid.  Recission and restitution are effective remedies.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.