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How do I get out of this contract? Is length of time a breach?

Hello- I signed with a storm chaser in the beginning of June for hail damage of roof, siding and windows. No payment or work has been done. In the contract is says they have a cancellation fee of 20% of the insurance claim. It is now October. They won’t talk to a lawyer and won’t talk to me. It has been 2+ weeks since they contacted us and that was “let me check my schedule to see when I can come out to talk to you.” Is that a breach of contract? Is the length of no work a breach of contract? I have moved on to Anderson to put in windows before winter. And another contractor to do the siding before winter. Thanks for the help.

1 reply

Oct 30, 2019

First, it's a good idea to look at the contract to see what, if anything, the agreement has to say about it. If the contract prescribes a specific start date, and if that date has long passed, then there's a good chance that's a material breach of the contract and that the agreement may be terminated. Further, even if there's no set date for the start of work, a failure to undertake any work several months after the contract was entered into is also likely a breach of the agreement. Though, it's hard to know for sure whether a specific amount of time will allow for the termination of the agreement where there's no designated start or finish date for the agreement. Still, a long passage of time may be enough. What's more, when damage to the property has left it exposed to the elements and where a failure to repair would cause damage to the property, an owner will likely have more leeway to proceed with another contractor.

What to do when a contractor refuses to perform

It's common for owners to run into issues with storm chasers, especially where payments will be coming from insurance. Thunderstruck Restorations has a great article on the subject: Minnesota Storm Chasers And Why You Need To Keep Them Away From Your Roof. Hindsight may be 20/20, but the question of "What to do?" still lingers. For the most clarity on whether the contract may be terminated, it'd be helpful to consult with a local Minnesota construction attorney. They'll be more familiar with situations like yours and know how to navigate the specifics of your situation.

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