I am I still legally bond to a construction contract if the material I selected is no longer available?

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I am I still legally bond to a construction contract if the material I selected is no longer available?

My wife and I selected a color and type of roofing single to replace our current roofing material. The contractor says the product is no longer available and we need to select another brand and color. Since signing the contract we feel now is not a good time to replace the roof financially are we stuck…or lucky?

Asked on August 12, 2010 under General Practice, Maryland

Answers:

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

Answered 10 years ago | Contributor

What you are asking is if the material that you wish to use on your room is - excuse the pun - a material part of the contract and allows the contract to be voidable if not available.  You would have to read your contract to be sure.  If the other material would be more costly or not the color you would like or would not wear the same way or something else that would make it a "Material element" then it is probably voidable.  But someone would have to read the contract to be sure.  Otherwise, you would be in breach of the agreement.  take it to someone for consultation.  Good luck.


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