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Can I break a contract?

New YorkConstruction Contract

We accepted a proposal on repairing our addition’s roof, without a time specified in writing-but verbally told they were three weeks out. That was nine weeks ago and we texted, emailed or called each week after the initial three, only wanting a confirmation that we are on the schedule (we have a significant leak). At least four or five times the secretary has said we should hear from them shortly. In mid July we were told that we would definitely have it fixed before August. It’s now approaching September and we would like to go with somebody else. Legally, what can we do? Also, we recently saw on a Facebook type page called next-door neighbor that this particular roofing company was a favorite of real estate agents but received a handful of negative reviews from people who were “ghosted.” We have not been contacted by the company since early June-we are concerned we are being “ghosted.”

4 replies

Aug 23, 2021
you probably need to retain counsel to assist you in investigation, but you need to terminate this contractor and move on. FYI, construction contracts are generally considered to be "time of the essence" as in the contractor must advance the project efficiently and promptly.
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Aug 23, 2021
It’s tough to say without knowing the terms of the contract. Why don’t you give me a call at (865) 546-7311. My extension is 185 or you can just ask for Reece.
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Aug 23, 2021
Thank you so much for that information, and I will get in touch with the lawyer who we retained when buying this home.
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Aug 23, 2021
you will need counsel, but from what you are saying it looks like you may.
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