Legal Question in Insurance Law in Pennsylvania

If you sign a contract with a roofing company and they have not contacted you for over 8 weeks, can you pick another roofer or do work yourself?

Asked on 8/16/11, 7:17 pm

1 Answer from Attorneys

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Yes, but you need to terminate your contract properly before you do that. I would write a letter to the roofing company. I hope that you have not paid them anything. I would explain that you entered into a contract, that you have given them a reasonable chance to perform and that you have heard nothing (if that is true - if you have called and heard nothing, say that). Ask them if they intend on doing the work and if so, ask when the work will be performed. Give them 15-30 days to respond to either do the work or make arrangements to be there. Ask them to respond and tell them that if there is no response within the 30 days, then you will have no choice but to terminate the contract and go elswhere. Tell them that if a second company charges you more then you will intend to sue for breach of the agreement. If they don't respond, get someone else. If they charge you more to do the job than the first company, then you can sue for the difference between what you paid the second company to do the job minus what you would have paid the first company under the agreement had the work been done.

If you have paid a deposit, then suggest instead that since they have not done the work that if you do not hear, you will treat the contract as broken and get someone else, but instead ask for a refund of your deposit.

Before doing the letter, you need to review your agreement with the roofing company. Some contracts require that all disputes be resolved in litigation or that any notice be sent to a specific place. You need to see what is in there to make sure that you comply with that.

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8/16/11, 9:22 pm

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