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Cancel a contract due to pandemic

New YorkConstruction ContractCoronavirus

Last year I contracted to have some waterproofing done on my house. I gave them a $10,000 deposit and was approved for a loan for the balance. I have postponed the work several times because of the pandemic, I have not gone back to work and my income is Social Security and the unemployment which is due to run out in September. The situation has changed here, not only am I still out of work I've had some health crises that are expensive to treat since insurance doesn't cover it. I want to cancel the contract, I am seriously worried that I won't be able to pay the loan and I could use that money back. The salesman is telling me that if I cancel the contract they can keep my deposit. Is there any way out of this? I have not been called back to work and I probably won't be.

1 reply

Jun 9, 2021

The answer would depend on whether your contract has a force majeure clause, which generally provides relief (which may include cancellation) in the event of something unforeseen, such as the pandemic. I would recommend that you have an attorney review the contract to see what kind of options you may have; feel free to reach out to me at gspaun@wbgllp.com.

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