Arizona  |  Construction Law

Legal Question

Asked on: 3/31/11, 9:10 am

I made a contract with a roofer, asked him to terminate it, and now he sees that as a 'cancellation'. Is it?

Under the terms of the original contract, if I cancel, the contractor keeps the down payment. As a result of difficulties working with him, I asked him to consider another agreement to terminate the original contract. Under this new agreement (unsigned), I would pay for all work already done. He considers this new agreement a 'cancellation' under the terms of the original contract; I do not. If he does not accept the agreement that I drafted, I want him to continue his work. Can the draft agreement to terminate the original contract be construed as a 'cancellation' even though I made no mention of the word 'cancel' and did not follow the cancellation procedure as outlined on the original contract? (That procedure involves signing the reverse of the original contract.)

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