If we entered into contract with roofing company and work is not complete, can we get out of the contract?

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If we entered into contract with roofing company and work is not complete, can we get out of the contract?

Signed repair contract to repalce our roof on 11/05/10; job is still not completed. We have paid approximately $9400 already. Roofing company has submitted supplement to our insurance company for an additional $10,300. Our agreement was no out-of-pocket cost in replacing our roof. $4300 is the amount that we would have to pay. Can we get out of contract with roofing company?

Asked on January 7, 2011 under General Practice, Colorado

Answers:

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

Answered 10 years ago | Contributor

It is very difficult to give any guidance here without reading the contract in question.  It sounds as if a breach of the contract has indeed occurred but one would need to read and see if there is some form of loop hole that the contractor wrote in giving them the ability to re-submit to the insurance company.  Was your agreement as to the out of pocket expeses verbal?  Then that may be a problem here.  Your contractor can not re-negotiate the contract himself.  That would be against the contract law.  So I am thinking that there may be more to the contract than you believe and that someone needs to read the agreement with a fine tooth comb.  Good luck.


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