Construction Contract?

Question

My wife recently signed on a document from a construction company which lists out all the work that we want done in our house along with a payment schedule. The Construction Co rep didn't sign on it. Is it still considered a legally binding contract? We now ant to get out of it since we cant afford it anymore

Thanks

Answer 1

Contracts are tools of last resort when you want to beat someone up in court with it.

To be strict, to have a binding contract, all you need is an offer and an acceptance - these can even be verbal. If the company wrote the contract and you signed it, most courts would consider that quite legally binding.

But take a step back. Every contract can be renegotiated and in your case it should be. Looking at it from the company's perspective, they really don't want to do work and then have you not pay and perhaps have to take you to court. So talk with the contractor, explain your situation, be prepared to accept some charges if they have already bought materials, or had to turn away another contract because they were going to work on your place.

But that doesn't mean that you should reasonably pay the whole cost of materials (which can often be returned for a restocking fee) or the contractors lost opportunity, because that isn't fair and reasonable.

Renegotiate for voiding the contract and stay out of court.

Answer 2

Construction contracts are a little different.

First, unless your wife still has the original copy....there will be a signature on it if you try to call and cancel on those grounds.

All that your wife signed is an agreement of TERMS.   You are not required to permit the contractor to start work and can cancel the contract.

However, read the contract carefully...a contractor DOES have the right to charge you a cancellation fee or any fees for prep-work, permits, special order items that have already been started.