Legal Question in Business Law in California
Contract with Roofer
I have a contract for a new roof of my manufactured home. When roofer took off the old roof of my home, he found the structural beam that supports my ceilings was rotten through. He could have put a new roof over it, but had integrity & told me about the damage. I have learned that damage is too costly to have done (insurance won't pay), and I am hoping to buy a new home which will replace the current one on my lot(present home will be taken away). I paid the roofer half. Am I obligated to pay him the remaining half in the contract even though he will not be doing the second half of the work, i.e., putting shingles on. I don't think he will try to make me pay, but I am wondering what my legal obligation is. Thank you.
4 Answers from Attorneys
Re: Contract with Roofer
Probably not, but depends on your contract. Why not tell him you'll hire him to put the roof on your new house? I'm sure he won't complain then. If you need the contract reviewed, please see my website for my rate and contact info.
www.incorporatecalifornia.com
Re: Contract with Roofer
I would say NO; there is at least some portion of the contract price you're not obligated to pay because performance of the work is an implied (at least) condition precedent to your liability to pay. If you had prevented the completion of the work, that would be another matter, but here, there was a mutual mistake about the condition of the roof, so you're not at fault.
It's possible you could even be entitled to a partial refund, but if you're OK with the status quo, I wouldn't push it.
Re: Contract with Roofer
No. Call me directly at (619) 222-3504.
Re: Contract with Roofer
Probably not, but the answer depends upon what your contract says. If it didn't, there would be little reason to bother writing one.
Related Questions & Answers
-
Towing companies recently my car was towed & while it was stored in the tow... Asked 3/03/05, 4:07 pm in United States California Business Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
