Tuesday, January 27, 2015

Can I rescind a construction contract where I believe the payment schedule is unreasonable to work, i..e., 2/3 of the contract cost is due p...

Question

Can I rescind a construction contract where I believe the payment schedule is unreasonable to work, i..e., 2/3 of the contract cost is due prior to start of work?



Answer

What does the contract say about rescinding the contract before work?

If there isn't a provision regarding rescinding the contract, look to the damages section of the contract, if there is one. This will guide you on the damages you will have to pay if you breach the contract and the contractor sues.

Also, if you are an adult and do not have other defenses, such as fraud, regarding the creation of the contract, you will probably be held in breach of the contract if you fail to pay in accordance with the contract. Of course, the contractor may consider renegotiating the contract with you. However, make sure the amendments are put in writing. If he is steadfast on any amendments, take the time and spend the money to take the contract to an experienced construction law attorney. There might be a loophole in the contract or another reason that will permit you to rescind the contract. However, it is essential that you permit an attorney to review the documents.



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