Legal Question in Consumer Law in New York

get out of contract with driveway contractor - no payment or work done

In May, we signed contract with paving company for a new driveway. Their estimated time for the job was middle of July. They haven't shown up or answered five phone messages. No money has been paid. We want to call another contractor, but how do we get out of that contract? Is sending them written notification of cancellation sufficient?


Asked on 8/03/08, 2:09 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: get out of contract with driveway contractor - no payment or work done

I would send a certified letter canceling the contract since the contractor failed to commence construction although the estimated time for the job was July.

Mike.

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Answered on 8/03/08, 7:57 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: get out of contract with driveway contractor - no payment or work done

What does the contract provide? There is usually aspecific form of cancellation agreed upon. If no money has changed hands and it the contract isn't written, send them a letter, certified mail return receipt requested, advising them they have defaulted on performing, and you wish to use another contractor.

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Answered on 8/04/08, 1:34 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: get out of contract with driveway contractor - no payment or work done

What does the contract provide? There is usually aspecific form of cancellation agreed upon. If no money has changed hands and it the contract isn't written, send them a letter, certified mail return receipt requested, advising them they have defaulted on performing, and you wish to use another contractor.

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Answered on 8/04/08, 1:34 am


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