by creativebrain1 » Mon Sep 27, 2010 12:46 am
Hi,
we have issue with the contractor who wants to take entire check from insurance claim and refusing to do little extra work we are asking, my husband signed so call contract paper when contractor came first time to our house and there was no amount in that contract, instead price it says "Cost". Contractor never deliver any pamphlet which is required by law for right to know about 3 days cancellation policy. We want to cancel his so call contract but he mention in that contract if we dont work with him we have to pay him 20% of the approved insurance claim money. Please help me can we cancel this so call contract where no money handover, we have not even selected any siding or roofing colors or anything. He is threatening us that he will take us to the court.
we have issue with the contractor who wants to take entire check from insurance claim and refusing to do little extra work we are asking, my husband signed so call contract paper when contractor came first time to our house and there was no amount in that contract, instead price it says "Cost". Contractor never deliver any pamphlet which is required by law for right to know about 3 days cancellation policy. We want to cancel his so call contract but he mention in that contract if we dont work with him we have to pay him 20% of the approved insurance claim money. Please help me can we cancel this so call contract where no money handover, we have not even selected any siding or roofing colors or anything. He is threatening us that he will take us to the court.
Posted: Mon Sep 27, 2010 01:47 am Post Subject:
What your looking for is legal advice about a contract that no one here can see. My recommendation is to consult a local attorney.
Posted: Mon Sep 27, 2010 02:19 am Post Subject:
Thanks "tcope", I am seeking for the advice from the people who had similar issue and how they solved it. I know my final action should be consulting local attorney.
Posted: Mon Sep 27, 2010 10:34 am Post Subject:
There are a few things in your contract that might just be a bit specific to your cause. So, you need to weigh the pros and cons of views shared by others in a similar situation.
Posted: Mon Sep 27, 2010 05:00 pm Post Subject:
creativebrain1 . . .
Contractors must be licensed with the state, and state laws prevent contractors from doing certain things which are unlawful. In California, for example, a contractor cannot ask for a "deposit" exceeding 10% of the total contract price, or $1,000 . . . whichever is MORE. And an unlicensed contractor cannot accept any job for which the total value, in both labor and materials, is more than $500. Some unlicensed persons think that if they get the homeowner to buy the materials and then charge $500 for their labor, they are safe. But that's not the way it works.
I doubt that the contractor laws in your state allow anything of the sort that you mention as part of a legitimate contract.
To find out for sure, however, contact your state's contractor regulatory agency and find out what a contractor may or may not lawfully do.
The bottom line, when it comes to any type of contract, including insurance, however, is to READ THE CONTRACT and UNDERSTAND WHAT IT SAYS . . . BEFORE YOU SIGN IT.
Posted: Tue Sep 28, 2010 01:44 am Post Subject:
I spoke to other two contractors and they are saying, the contractor i signed contract with can not do anything because nothing is concrete, and they are saying they will take care of any legal issue. What should i do?
Posted: Tue Sep 28, 2010 03:19 am Post Subject:
What should i do?
Believe them.
And file a complaint with the regulatory agency against the jerk. Don't let him get away with it!
Posted: Tue Sep 28, 2010 07:27 pm Post Subject:
I received phone call from the contractor saying that we can help you doing what you are asking, before he tried and scared me but when i told him you can go ahead and take any legal action you want to i will have my lawyer take care of it and look what happened he came back to me. I learned my lesson never scared if anybody try and scare you, just do your homework proper and answer them.
Posted: Wed Sep 29, 2010 06:49 pm Post Subject:
I learned my lesson never scared if anybody try and scare you, just do your homework proper and answer them
Good for you!
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