Legal Question in Construction Law in New York

Cancelling a contract with a contractor

I signed a contract with a contractor with 3 days to cancel. I sent a certified letter to the contractor on the 2nd day. I later realized that the contractors address on the signature page of the contract (which is where I sent the certified cancellation) was different than on a typewritten summary of the work to be performed. When I realized this almost two weeks later after not having receieved the return receipt I sent another copy to the address on the typewritten copy. The contractor is telling me that I cancelled too late. Is he correct? Can hel hold me liable. Now work was performed or supplies purchased.


Asked on 10/19/06, 10:57 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Cancelling a contract with a contractor

There are a few facts you have not supplied that could make a difference in how we get to the final result, but the final result should be that the contractor has no enforceable claim.

Here is a link to the Suffolk County Consumer Affairs office. I suspect that might be a dynamic link, but if you land on the county home page, there is a search engine in the upper left-hand corner that will get you to the Consumer Affairs Office.

http://www.co.suffolk.ny.us/webtemp3.cfm?dept=3&id=20

Bottom Line: this contractor impeded your exercise of your right to cancel. Therefore the contract is unenforceable by the contractor.

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Answered on 10/19/06, 12:09 pm


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