Legal Question in Construction Law in Missouri
Could a roofing proposal become a binding contract if only one of the homeowners sign the proposal of acceptance. The homeowners are married and the proposal was written to both parties. Also, the roofing contractor is working for insurance proceeds of which the married couple are both listed on the policy.
1 Answer from Attorneys
Under the scenario you described, the homeowner thst signed the agreement can hild the roofer to the obligation to do the work. The roofer may not be in as good if a position. It is unlawful to require payment from a soecific source, I. E. Insyrance draft. It is also foolish fir a roofer to maje duch a deal. Roofer. Ciuld di $10 k job, fir as check ir draft tjat hsd been discounted fir back premiums owed or expanded coverage purchased by homeowner. Roofer could be stuck wuth sccepting smaller check as p as yment in full. However, married person can bind their spouse to a contract to make necessary repairs to their domicile. So, if this isnt investment property' ir a vacation home, the roofer is pribably okay with the as signature of just one spouse. As smart roofer we ould get theur sign in the yatd ir oull petmits (if warranted) immediately, so other roofers we won't make a bud to the other spouse. Thst first roofer should probably have their attorney write to both homeowners that roofer is ordering materials in reliance on the contract made by one.
Goid luck
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