If a contract was signed with a timeline start date which the roofing contractor did not meet, can I hire a different contractor?

UPDATED: Oct 1, 2022

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If a contract was signed with a timeline start date which the roofing contractor did not meet, can I hire a different contractor?

We hired a contractor to replace our roof, we signed a contract that stated he would start drop dead date of the last day of last month. He did not start or pull the permit. Am I obligated to keep this

contract. He states the timeline doesn’t matter we signed a contract.

Asked on September 7, 2017 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Contracts are enforceable as per their plain terms. If the contract itself states that the work would start by a certain date and he did not, he breached the contract. Furthermore, this would be a material, or important breach--when dealing with repairs, maintenance, etc. it matters when you get to it. A material breach by one party entitles the other party to treat the contract as terminated. Based on what you write, you would be released from the contract by his breach.

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