Quote:
Originally Posted by drcoastline
I am in NJ, I am in the insurance, Real Estate and construction businesses. There are several ways you can deal with it.
First- If the relationship between your father/you and roofer is still amicable, talk to him. If work hasn't begun no reason he won't just oblige. He may have ordered materials and has a restocking fee so you may need to cover that cost. Probably not though most suppliers just take the materials back.
Second- There is a little known loophole in the three day clause that often doesn't make it into New Jersey construction contracts especially small contractors because they buy the boiler plate from Staples. The clause states the three day counting starts after the last party signs or when the contract is received which ever is later. Your dad can claim he never received a copy. Highly doubtful he was asked to sign a receipt he received a copy. How does the roofer prove he gave him a copy? A simple letter from a lawyer will stop this in it's tracks if the roofer pushes the issue. If he self represents he will loose. If he hires attorney he will give away all his profit and maybe then some.
If work has begun, it can get messy, you need to read the contract to see how you end it. That I can't tell you with out reading it.
PS- I am not a lawyer seek the advice of competent counsel.
Edit- cancelation is done in writing not verbal. No money changed hands, just say do not do the work. What's he going to do sue? Court will throw it out.
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Thank you!!!! Unsuccessfully attempted cancelling the contract. No wirk has started and no materials gave been delivered.