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Texas contract law, dispute with roofing company that has not started work

Asked about 3 years ago - Tomball, TX

I signed a contract with a roofing company. Im still waiting on them to come and do my roof. I have found another roofing contractor that can do my roof now. Can i use the new roofing company or am i obligated to my original contract? IF so what law states that i can get out of this contract.

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Attorney answers (2)

Charles Heard

Reputation Level 8

Answered almost 3 years ago. Lawsuit / Dispute Attorney in Pinehurst, TX.

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A big term in contract law is "consideration". Until there is some form of consideration exchanged, there is no contract by some measures. What did you exchange with the roofing contractor?

If the answer is "nothing" (and you have to think about what the contractor may have provided you), then you don't have too great a problem.

Even if the contractor could claim it purchased your materials, unless they were very unusual materials that could not be put to use on another project without loss, there is no consideration.

It is commonplace for contractors to over-commit, and there is no reason (except in the event there has been an exchange of consideration) for your house to incur additional damage while you wait on the first contractor to get around to your job.

cheardlaw.com

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Lu Ann Trevino

Reputation Level 17

Answered about 3 years ago. Debt / Lending Agreements Lawyer in Houston, TX.

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This is very common following Ike. I can't tell for certain if you can go with the new roofer because I haven't read the original contract. Did you give a deposit? Do you know if the first roofer has already bought materials specifically for your house? If these things have already happened, you will probably have trouble trying to cancel. Did you specify the start or end dates? If not, the roofer will say that he has not breached the contract because there was no time limit to do the work.

Try talking to roofer #1 about a start date or a clean break. You might get lucky.

This information is given for educational purposes only. No attorney-client relationship exists between us.

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