What to do if we signed a contract with a construction company to fix hail damage but have had issues with communicating with them?

They are not providing us with a copy of the estimate they set to our insurance. Our insurance and the construction company have not set a “price agreeable” yet. We are wondering if we are bound to this construction company because of the contract or if we can hire a different company to do the work?

Asked on November 12, 2014 under Insurance Law, Colorado

Answers:

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

Answered 6 years ago | Contributor

Price is an essential term of the contract.  Since you signed a contract in which the price was not specified, you have a defense to enforcement of the contract against you.

Since there isn't any valid contract without a price being included, you can hire another construction company to repair the hail damage.   It would be advisable to inform your insurance company in writing about this prior to entering into a contract with another construction company.

 

If the first company claims that there is a valid contract, you can sue them for breach of contract for failure to communicate.


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