If I signed a contract with a debris removal company with a start date of 3 days ago but they still haven’t started, can I cancel the contract?

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If I signed a contract with a debris removal company with a start date of 3 days ago but they still haven’t started, can I cancel the contract?

I’ve been told every day that they were coming.

Asked on July 10, 2015 under Business Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Was there a date certain set in the contract? If there was a date specified in the contract and they missed that date, then they materially breached the contract and you could consider it terminated due to their breach.

If there was no date set in the contract, send them something in writing, sent someway you can prove delivery, briefly reiterating the time line (E.g. when you signed the contract) and asking them to schedule their clean-out within a short but reasonable time, such as 5 business days, and stating that if they cannot do the cleanout/removal by then, you will consider the contract terminated. Then either they will come or they'll miss the reasonable deadline you've set in in writing--if they do that, then you should be in good shape to consider the contract terminated.


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