Menu
Home>Levelset Community>Legal Help>How do I get out of this contract? Is length of time a breach?

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

MinnesotaConstruction Contract
Anonymous Contractor

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

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 1,003 reviews
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.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
0 people found this helpful
Helpful
Other questions about Construction Contract in Minnesota
1 answer
1 answer
1 answer
Related Topics