Legal Question in Construction Law in New York

I signed a contract a few weeks ago for some home remodeling with a local general contractor. The contract stated that the approximate start date was 10/13/2009 and the approximate end date was 10/23/2009. The contractor has not started yet and I am interested in getting out of this contract and choosing another remodeling option.

I have called the contractor's cell phone and office and no one has answered or returned my calls. They have not given me a new start date or anything and I do not know what is going on. I have not paid a down payment at this point, so my only investment at this time is my signature on the contract.

Can I just hire someone else since the contractor has not started yet and it is past the start date? What should I do to get out of this contract?


Asked on 10/14/09, 1:54 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You should send a certified letter to the contractor reminding him of the start date - and that the time has passed. In the letter you should request to be released from the contract. If in writing the contractor releases you from the contract, you may retain another contractor.

Mike.

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Answered on 10/19/09, 3:01 pm


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