Did they breach? What are my rights?

[Ratmann1]

My name is Rick and I live in Fair Oaks, California. I entered into a contract with a reputible company to have my roof replaced. the bid I accepted and paid a $2500 CASH deposit, After several weeks and several re-measurements, and then a couple of weeks and here nothing, I rcvd a check for my deposit back, no explination no nothing, I called them the next day and the gentleman I spoke with said something about the job was underbid so they dropped it. so here I am holding my money with no new roof after haveing a signed contract on a negotiated price from a representative of there company. what am I to do?

 

[seniorjudge]

My name is Rick and I live in Fair Oaks, California. I entered into a contract with a reputible company to have my roof replaced. the bid I accepted and paid a $2500 CASH deposit, After several weeks and several re-measurements, and then a couple of weeks and here nothing, I rcvd a check for my deposit back, no explination no nothing, I called them the next day and the gentleman I spoke with said something about the job was underbid so they dropped it. so here I am holding my money with no new roof after haveing a signed contract on a negotiated price from a representative of there company. what am I to do?

Since you suffered no damages, you have no case.

 

[Ratmann1]

How would that be defined? as I entered into the contract with them fully knowing that my roof was in disrepair due to the recent thrashing of storms in March. They were aware of the urgent need to get the job accomplished assuring me it would be completed in a timely manner. Now My roof is missing sections and is leeaking due to the recent thrashing of storms in April. which could and should have been avoided if the job had been completed as agreed rather than dropped without telling me until I received my deposit back. I fail to see the justice of whats right here when companies are allowed to do this to consumers. Thank you for your advice.

 

[divgradcurl]

You can't sue them for damages caused to your roof while waiting for the repair -- if they were taking too long to repair you roof, you have the duty to mitigate your damages by hiring someone else.

If you hire someone else to fix the roof, and they end up charging more for the same quality of roof, then you might have a suit against the original roofer for the difference between the cost of the new roof and the original contract. But any damages or delays will probably not be able to be recovered.

If the underbid was an accounting mistake, that might get the original guy out of the contract altogether anyway.

You got your deposit back, hire another roofer and move on.