Breach of contract


Old 11-28-18, 08:45 AM
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Join Date: Sep 2010
Location: united states
Posts: 158
Breach of contract

Can you sue a company for breach of contract? Had a wind storm near us 2 months ago and it tore a bunch of shingles off, insurance came out and wrote us a check telling us to get the roof replaced a.s.a.p. Because of depreciation we were only given about 80% of the amount of a new roof and times are hard (wont get into that) was able to hire a roofing company had everything worked out on paper signed by both parties and on the paper which is a carbon sheet with his company name on it said "start date 11-23-18 weather permitting" He didnt start on the start date and it was mid 50s and clear all day, I kid not he claimed to have "left some material in his wifes car and she left for the day to black friday shop" then he promised he would get it done on the following sunday which was almost 60 and clear, Still didnt come, this time the excuse was "im sorry it was out of my hands, my roofers went hunting over the weekend and still arnt back" he then promised no matter the weather that he would have the shingles delivered and the dumpster here by monday/tuesday and would start wednesday. Now I already knew it was going to be a cold snowy week but i thought I give the guy one last chance. it is now wednesday and we have no dumpster or material on site and its snowing outside. If I knew the guy wasnt going to finish our roof then I wouldnt of hired him, he was hired and paid $2k down for material, on 11-9-18 thats 3 weeks we could of found someone else, so wouldnt this be a breach of contract? Ive never seen a complete tear off and re roof when its snowing.
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Old 11-28-18, 09:15 AM
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Location: NC, USA
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Have you asked for your deposit back?
Old 11-28-18, 09:33 AM
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Join Date: Sep 2010
Location: united states
Posts: 158
No I havnt but now the problem is our roof will have to remain tarped all winter.
Old 11-28-18, 11:15 AM
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Location: USA
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Not defending your contractor, but....

A start date isn't as good as a completion date. Contracts with completion dates have clear language along with an agreed upon penalty if the job is not completed by said date. Start dates don't mean much, especially if the contract doesn't specify what happens if it's not started by said date.

Weather permitting doesn't necessarily mean the weather on the day he was supposed to start YOUR house. If he had 3 weeks of rain after signing your contract, that would obviously put him behind schedule on all his other jobs. And btw, everyone is always behind schedule.

In most parts of the country, it's also a horrible idea to try to shingle a roof in the wintertime, because the shingles may not seal down due to the cool weather and angle of the sun.

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