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Construction

Construction Contract

North Dakota

Asked on Sep 4, 2021

Does this constitute a breach of contract on the part of the home improvement company?

I'm waiting for a roofing project to get started which is holding up my other home improvement projects. I received an email from the company stating: "This is to confirm that we have your roof install set for 8/25-8/26." After sending several emails to the scheduling manager without response, I called the local project manager on Wed, Sept 1 to check the status. He has no idea when it will get done. I was unaware that they are subcontracting the project so they can't find a crew to do the job. He said he would get back to me but I haven't heard anything since. Contract states in part: "Customer shall be responsible for the cost to Company of any custom ordered products or materials, a 10% restocking fee on any non-custom products or materials, installation costs, if any, incurred by Company, and liquidated damages of 30% of the contract price as and for Company's lost profits. Such costs and damages may be withheld from Customer deposits." I have paid them half of the bid, $7200. Are they in breach of contract? Can I cancel this contract without being responsible for costs and damages and receive a full refund?

1 Attorney answer

Answer

Construction

North Dakota

Answered 65 days ago

Donya G.

ContractsCounsel verified

Business Lawyer
Licensed in Connecticut, New York
Free Consultation

Hello, You will need an attorney to review your full agreement in order to properly advise you based on the contract. As such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for an attorney to review a contract to determine whether the party is in breach -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.

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