Want to break contract

[Erasmo]

What is the name of your state (only U.S. law)? Massachusetts...
I just met a and old timer that has his 3 decker home burned down on the 3rd floor... He sign a contract for renovations on the home, but now he has second thought and want to keep the money from the insurance and sell the burned down home...But some one told him that he can not break the construction and renovation contract... Is this true?...What can he do?... The poor old man is around 80 y/o and want to keep the insurance money rent a small apartment an live quietly the rest of his days.. Thanks for any help

[Cedrus]

Look in the Yellow Pages for Lawyers/contract Lawyers and see if any of them advertise "free initial consultation" or "free 1/2 hour", etc. and call a few.

I'm no lawyer but contracts are broken all the time. Perhaps Old Timer can pay the contractor some $$ and legally end the contract.

My guess is that BOTH parties signed the contract. If not, there is no contract. Was it dated? That makes a difference. Was there a specific $$ amount mentioned? That makes a difference.

How about contacting local radio/TV consumer action line reporters and asking them to publicize Old Timer's plight? Embarrass the contractor.

[HomeGuru]

Originally Posted by Cedrus

Look in the Yellow Pages for Lawyers/contract Lawyers and see if any of them advertise "free initial consultation" or "free 1/2 hour", etc. and call a few.

I'm no lawyer but contracts are broken all the time. Perhaps Old Timer can pay the contractor some $$ and legally end the contract.

My guess is that BOTH parties signed the contract. If not, there is no contract. Was it dated? That makes a difference. Was there a specific $$ amount mentioned? That makes a difference.

How about contacting local radio/TV consumer action line reporters and asking them to publicize Old Timer's plight? Embarrass the contractor.

**A: why would you recommend taking such action against the contractor when the contractor did nothing wrong?

[Cedrus]

Because I took the side of the Old Timer who is 80 years old and wants out of the contract.

And only if the contractor will not take a few pesos for his time spent preparing the bid and materials list.

I am assuming no demo or other work has started.

[Stevef]

Originally Posted by Cedrus

My guess is that BOTH parties signed the contract. If not, there is no contract.

I guess I need to re-take contracts. I don't remember that doctrine.

[Zigner]

Originally Posted by Cedrus

Because I took the side of the Old Timer who is 80 years old and wants out of the contract.

And only if the contractor will not take a few pesos for his time spent preparing the bid and materials list.

I am assuming no demo or other work has started.

Ok, why would you take the side of the person who is NOT trying to breach the contract?

[HomeGuru]

Originally Posted by Cedrus

Because I took the side of the Old Timer who is 80 years old and wants out of the contract.

And only if the contractor will not take a few pesos for his time spent preparing the bid and materials list.

I am assuming no demo or other work has started.

**A: that is crazy. And did you even bother to ask what the conditions were for the insurance funds?

[Cedrus]

Geeze, you guys are making a mountain out of a molehill.

Old Timer wants to take the insurance co. option of not to rebuild, but take cash money. Wants to sell the property, combine the $$ and rent a place for the rest of his days.

If the contract is not legal, due to Old Timer's lack of legal capacity or there is no time frame stated for start date and completion date or lack of signatures by both parties, and OT want out, he should have an out.

If there is no legal out for OT, what is wrong with OT offering some $$ to void the contract?

[HomeGuru]

Originally Posted by Cedrus

Geeze, you guys are making a mountain out of a molehill.

Old Timer wants to take the insurance co. option of not to rebuild, but take cash money. Wants to sell the property, combine the $$ and rent a place for the rest of his days.

If the contract is not legal, due to Old Timer's lack of legal capacity or there is no time frame stated for start date and completion date or lack of signatures by both parties, and OT want out, he should have an out.

If there is no legal out for OT, what is wrong with OT offering some $$ to void the contract?

**A: you are now changing the initial post and inserting information not introduced in evidence.

[Cedrus]

Yo, Erasmo:

Feel free to jump back in with more info.

[HomeGuru]

Originally Posted by Cedrus

Yo, Erasmo:

Feel free to jump back in with more info.

**A: th e OP is a third party anyway so may not have more info.

[chaotix]

The contract can be cancelled at anytime before or during work in progress, BUT… depending on the terms of contract (namely the cancellation clause), old timer can forfeit deposit money/scheduled payments to date,( if any) and the contractor has to be reimbursed for any expenses/time they may have had on materials, designs, etc...

Speak to the contractor and depending on what the terms of contract and old timer's circumstances, there is a good chance he will consider cancelling the contract without penalty or minimal costs.