Can i break the contract with roofing company?

[chapelsmith]

What is the name of your state (only U.S. law)? GA

I signed a contract with a roofing company which has listed the terms that after 5 days of signing the contract Or 1 week after getting insurance approval, if i cancel the agreement i need to pay 20% of the amount listed in the contract.
Contract has no start or completion date, there is no date (signing etc) on the contract. I probably signed it 2-3 months back.

Insurance has approved the repairs more than a month back and roofing company has claim number and all the details.
He never communicated the cancellation terms and is getting aggressive to push me to get the work done soon or cancel and pay 20% amount.
I am also hearing bad reviews about him so want to cancel but would like to know if i may end up paying 20%.
I feel like having no date on contract makes it meaningless but would appreciate some advice.

Thanks
Chapel

 

[quincy]

What is the name of your state (only U.S. law)? GA

I signed a contract with a roofing company which has listed the terms that after 5 days of signing the contract Or 1 week after getting insurance approval, if i cancel the agreement i need to pay 20% of the amount listed in the contract.
Contract has no start or completion date, there is no date (signing etc) on the contract. I probably signed it 2-3 months back.

Insurance has approved the repairs more than a month back and roofing company has claim number and all the details.
He never communicated the cancellation terms and is getting aggressive to push me to get the work done soon or cancel and pay 20% amount.
I am also hearing bad reviews about him so want to cancel but would like to know if i may end up paying 20%.
I feel like having no date on contract makes it meaningless but would appreciate some advice.

Thanks
Chapel

A signed contract does not have to be dated to be legally binding and enforceable.

From what you have written, it appears that you will need to pay the roofing company 20% if you wish to cancel the contract you signed - but you will want the contract, in its entirety, reviewed personally by an attorney in your area for a better determination of your legal obligation to the company.

Good luck.

 

[latigo]

If no dates expressed for commencement and completion of the contracted work, no problem. A court would simply find that the projected is to be completed within a reasonable period of time. (Same as if you borrowed something from you neighbor with no stated understanding as to when it should be returned.)

The missing date of the agreement? That could readily be established by parol evidence. In no way would it void the agreement.

Why would the contractor need to communicate to you the "cancellation terms"? How would you be able to recite to us those terms if not set out in the agreement? And if not spelled out, you wouldn't be in here.
______________

Any other thoughts of how you might weasel scot-free out of your written commitment? Like maybe it should be bi-lingual, a different font or it was signed on the Sabbath?

 

[chapelsmith]

Thanks both of you for responding. I assume both of you are saying that i will have to pay the cancellation fee listed in the agreement.
I have one more question. According to agreement - i am supposed to pay 20% of the total estimated price of work to be completed set forth herein.
Does that include whatever price quoted in agreement (seems like to me) and not any additional approved amount later?
I just dont feel good about going with the contractor.

Thanks once again.

 

[quincy]

Thanks both of you for responding. I assume both of you are saying that i will have to pay the cancellation fee listed in the agreement.
I have one more question. According to agreement - i am supposed to pay 20% of the total estimated price of work to be completed set forth herein.
Does that include whatever price quoted in agreement (seems like to me) and not any additional approved amount later?
I just dont feel good about going with the contractor.

Thanks once again.

Your assumption is not quite correct. Both latigo and I are saying that the missing dates on the contract do not make the contract invalid or unenforceable.

My ASSUMPTION is that you would have to pay 20% of the total estimated price for the work to be completed that was quoted in the contract - because if you cancel the contract so that no work is done, there would be no additional amount required to complete the work.

But, again, you need to have the contract personally reviewed in its entirety for an accurate assessment of your obligations to the roofing company.

Good luck.

 

[chapelsmith]

Agreement is signed by me only, although house is owned by both me and my wife and insurance cheque on both names!
Will that be helpful for me in getting out? Thanks in advance

 

[Zigner]

Agreement is signed by me only, although house is owned by both me and my wife and insurance cheque on both names!
Will that be helpful for me in getting out? Thanks in advance

So...what state are you in - REALLY?

 

[chapelsmith]

State as I listed on top is GA.

 

[Zigner]

State as I listed on top is GA.

I know that's what you entered, but your spelling makes me think you may have fibbed. My apologies if I'm wrong.

 

[quincy]

Agreement is signed by me only, although house is owned by both me and my wife and insurance cheque on both names!
Will that be helpful for me in getting out? Thanks in advance

No. Your signature on the roofing company's contract is enough to make the contract legal and binding.

The best way to determine if there is a way for you to escape the contract with the roofing company financially-unscathed is to have the contract you signed reviewed in its entirety by an attorney in your area.

An hour of an attorney's time could potentially save you 20% of the amount you agreed to pay the roofing company. You should weigh the potential benefit versus the cost. The decision is yours to make.

Good luck.