Legal Question in Consumer Law in New York

getting out of a signed contract

I had signed a contract in september 2006 for services to paint my house. Due to weather, painting was postponed until the end of may 2007. Painter showed up three total times, approximately two weeks apart from eachother and has not been back for 5 weeks now. He originally told me that he would be able to complete the job within one week, but unfortunately it is not stated in the contract. Several phone calls have been made by myself with messages left on his voicemail and with a gentleman who is acquainted with the painter. However, he has yet to return a call. We have been unable to speak with him in the past 5 weeks and at this point, I just want out of the contract to find a reliable painter to finish the job. Is there a way to get out of the contract simply because he will not respond to my phone calls or complete the service in a timely manner?


Asked on 7/08/07, 10:23 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: getting out of a signed contract

There is a delay claim. I cannot promise you it will work and you take this advice with a pound of salt... If the job is unreasonablely delayed then you can get out. Send the painter a certified letter telling him to finish by X/X/XX and if he doesn't fire him and get a new painter. He will have to sue you. You will defend with a delay defense and mitigation of damages.

If you are ever doing any home improvement, never pay full up front, Demand a signature acknowledging payment to be signed by the contractor as of the date of next installment. All of the Sub K's and Materialmen, must also provide an affidavit of full payment before you lay out another penny.

Be sure to check with your county consumer affairs dept to see if the contractor who is in charge (the GC) is licensed to do home improvements in your county.

Good Luck.

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Answered on 7/08/07, 10:05 pm


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