Legal Question in Construction Law in Massachusetts

Legally what is bidding on a contract I signed to have my roof replaced in Mass. The contractor wrotein the contract and specifically states he will be byin Spring 2010.I have called him a couple times but he never showed up and followed through with replacing my roof. It is now July 2, 2010. I just had a new contractor come over and he said he can do the job next week. Is my contract legally null and voided because of his no show? I really don't want him to do the job because he has shown me he is unreliable, so if there is a problem I am affraid he won't be back to fix the repairs on my roof! Tks Lorna


Asked on 7/02/10, 10:12 am

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Consider writing to the contractor saying that his proposal to perform the work in spring 2010 is null and void -- and hereby cancelled and terminated -- because he did not honor the terms requiring him to show up and perform the work this past spring, and beause he failed to even respond to your several calls asking about it. Instruct him not to perform the work or even enter your property at any time. Tell him you have retained a new contractor to perform the work and that you reserve all rights to bring claims against him (the former roofer) if, for example, his failure to honor the cancelled proposal causes you to pay more to the new roofer for the same work.

Send this certified mail and keep a photocopy for your files.

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Answered on 7/02/10, 1:40 pm


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