How do I get out of home remodeling contract if work hasn’t started and the contractor is unreliable?

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How do I get out of home remodeling contract if work hasn’t started and the contractor is unreliable?

Signed a proposal on about a month ago for remodeling on my bathroom. Contractor was told numerous times that I needed the job done by the end of this month because I would be traveling. He put in the proposal, “schedule for end of the month”. He has been putting me off, keeps telling me he will call me but I have to keep calling him and wait for him to call me back. He was supposed to start tomorrow and was supposed to call me 2 days ago. No call. I called today and now he is telling me he may be able to starting 2 or 3 days but he can’t guarantee if he will be done on time. Can I get out of this?

Asked on April 27, 2011 under General Practice, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is difficult to say what your rights and obligations are under the contract without reading it first.  The sentence you have written here - schedule for end of the month - needs to be read in context and interpreted that way as well.  Speaking in generalities, contracts that are breached are voidable if not void.  Does the contract give you any guidance on the matter of a breach?  Does it say anything as to cancellation and how that could be done in the event of a breach?  Take the contract to an attorney to read for you.  Pay a consultation fee and let the attorney tell you if you can cancel without ramifications (I dare say fear of a lawsuit because that may be inevitable) and if you can, pay fr the lawyer to send the letter.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is difficult to say what your rights and obligations are under the contract without reading it first.  The sentence you have written here - schedule for end of the month - needs to be read in context and interpreted that way as well.  Speaking in generalities, contracts that are breached are voidable if not void.  Does the contract give you any guidance on the matter of a breach?  Does it say anything as to cancellation and how that could be done in the event of a breach?  Take the contract to an attorney to read for you.  Pay a consultation fee and let the attorney tell you if you can cancel without ramifications (I dare say fear of a lawsuit because that may be inevitable) and if you can, pay fr the lawyer to send the letter.  Good luck.


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