Roofing proposal contract signed in Feb, but proposal only valid for 30days. Can I cancel contract?

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Roofing proposal contract signed in Feb, but proposal only valid for 30days. Can I cancel contract?

I signed a contract to have my roof done in Feb, but work has not started yet due to more snow than expected. Proposal and contract states ‘due to volatility of material pricing, this proposal is only valid if work is performed in 30 days from the proposed dated’ which was back in Feb.

Can I cancel and get my deposit back?

Asked on April 30, 2018 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the CONTRACT says that it is only valid if work is performed in 30 days, you could terminate it and get your money back. But if it was the proposal only that had that language, not the contract, then what that meant was you could only get that pricing if you signed the contract to do the work within 30 days--but once you signed the contract, the contract supercedes the proposal and you are obligated to it unless the other side (the contractor) violates a material (important) term of the contract or the contract contains a provision allowing you out of it. So you need to look not at the proposal, which was intended to get you to signt the contract, but at the contract itself and only to see what your rights are. Contracts are enforceable as per their plain terms, regardless of prior proposals or discussions.


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