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Terminating a Contract

Mel_2
Mel_2 Member Posts: 12
in THE MAIN WALL
We recently contracted a company to remove our oil burner and replace with a new gas burner. There is asbestos in old burner, so they have said we need abatement. I got two estimates - 1 guy said he would remove the boiler with the asbestos and take away and dispose of. The other estimate was just to abate by painting over the asbestos and then let our original company take out the burner. We had tried to negotiate with our original company to deduct money from our contract if the abatement company take out the burner. They are refusing to do this. We are considering just paying up for what the original company has done so far and getting someone else (with more scruples) in to finish off the job. I am presuming our contract with company is invalid as it states they will remove and dispose of the oil burner (which they will not be doing) as well as installing a new burner. They already removed our old oil tank (part of the contract) but am not sure if they will have legal recourse for us canceling the contract?

Comments

  • Brad White
    Brad White Member Posts: 2,399
    LegalHelp.com

    Without knowing the specific terms of the contract and understanding that even if we did, few here are lawyers or will admit to same, your best recourse is an attorney of your own.



    But first, I would read the contract for all terms, usually but not always this is a standard form with a dozen or more provisions including terms of cancellation and remedies for non-performance. Pretty standard stuff. Start there.



    There should be the basic trinity of contracts, performance, (what is to be done), schedule (when it is to be done), and consideration, (what you will pay), at the very least.



    My $0.02 anyway.
    "If you do not know the answer, say, "I do not know the answer", and you will be correct!"



    -Ernie White, my Dad
  • Dave Yates (GrandPAH)
    Dave Yates (GrandPAH) Member Posts: 281
    sounds like

    You're past the 3-day right of recision provided for any legally binding contract governing all but emergency replacements. In PA, we have a Home Improvement Contractor law that requires we register and pay a fee and, more importantly, include the three things mentioned by Brad.



    Once lawyers are included you can count on one thing: only the lawyers will profit. Best to have a more reasoned approach and if you're really not happy with the contractor, you can pay them for the work performed and possibly haggle a bit over the price to - in effect - buy out the contract.



    Or have a heart-to-heart and calm, cool, & collected exchange detailing why you have concerns and then let them reply to see if they can restore confidence.
  • Brad White
    Brad White Member Posts: 2,399
    Send Lawyers Guns and Money

    Hi Dave!



    Yes, I should have qualified my response a bit more. My intent on bringing in a lawyer was just to review the contract if it could not be clearly determined. Often, usually, the terms are pretty clear as you note. Sometimes a short review is given as a courtesy and is worth it even if you have to pay for an hour.



    But yes, a last resort.
    "If you do not know the answer, say, "I do not know the answer", and you will be correct!"



    -Ernie White, my Dad
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